the Court concludes that the exclusionary clause
in the Jay Storage policy is ambiguous and subject to two constructions.
This exclusionary clause
has been in effect in some form or another since 2004.
The court must adopt the construction of an exclusionary clause
urged by the insured as long as that construction is not unreasonable, even if the construction urged by the insurer appears to be more reasonable or a more accurate reflection of the parties' intent.
The court said the term "auto" was not defined in the policy and this, coupled with language in an exclusionary clause
pertaining to any motorized motor vehicle having less than four wheels, created an ambiguity that meant the policy would be construed against the insurer to cover a claim arising out of the operation of the rented golf cart.
64) This change, which came in 1970, appeared in the form of an exclusionary clause
that applied specifically to pollution related claims:
A review of the literature suggested that the problem of eligibility for special education services under the classification of ED is compounded by definitional problems surrounding the terms ED and SM as well as ambiguity associated with the exclusionary clause
(Gresham, 2007; Hughes & Bray, 2004; Merrill & Walker, 2004; Olympia et al.
The onus then shifts to the Insurer to show that the facts alleged in the pleadings fall unambiguously within an exclusionary clause
such that there is no possibility that liability to indemnify could result from the underlying action (para.
To illustrate, in the computer example above, courts should not strike down the exclusionary clause
if they are convinced that in the relevant computer market, had the clause been inefficient or unfair, competitors or other parties would have criticized it, and the supplier would have lost market share.
4th) 496 (relief from an exclusionary clause
should be granted only if the clause is unconscionable seen "in light of the entire agreement" O.
Love may conquer all, but there's an exclusionary clause
when it comes to money.
Any decision on Chinese drywall would depend on the jurisdiction, the specific exclusionary clause
and the yet-to-be-determined cause of the losses.
Pharmanex also argued that the term "article" as used in the exclusionary clause