Many Atlanta lawyers who practice automobile insurance Law know that
there are times when policies can be ambiguous. Most of the time there is a
clause or some sort of exclusion inserted in the policy which is confusing, not
something the insured was expecting, or just plain not fair. As plaintiff's
attorneys it is our job to look at the policy and argue why coverage should
exist even though there may be an exclusion or some other language in the
policy that the insurance company will try and use to preclude coverage from
the insured. The insurance company is in the business of making money and if
there is any way to prevent having to pay a claim they will find it. The law
gives us some background information on what we need to know about construing
insurance contracts where there may be ambiguity or confusion.
Automobile liability insurance is a matter of contract, and
the written policy issued by the insurer and delivered to the insured makes a
written agreement of the parties. Rules of construction which apply to written
contracts generally apply to insurance contracts. While policy of insurance
shall be construed liberally in favor of the object to be accomplished, and its
provisions will be strictly construed against the insurance company, or is
susceptible of two constructions, that construction will be adopted most
favorable to the insured, yet its contract of insurance should be so construed
as to carry out the true intention of the parties. The same rule of construing
an insurance policy or bond strongly against the insurer and favorably to the
insured applies to the application or matters contained therein, as to the
policy itself, the instrument having been prepared by the insurer. Jackson
Nat'l life Ins. Co. v. Snead 231 Ga. App. 406 (1998).
If your insurance company is denying a claim that you feel
should be paid please contact in Atlanta Atty. today.
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