'PLEASE READ IT CAREFULLY,' Sixth Circuit Reminds Policyholders

Author:Mr Benjamin Beaton
Profession:Squire Patton Boggs LLP

Ohio law requires courts to interpret ambiguous insurance-policy language against the drafter and in favor of policyholders. But if the language is clear and unambiguous (not to mention in a bold and ALLCAPS and super-big font), then courts apply the plain and ordinary meaning.

On the basis of that second rule of construction, Judge Readler, for a unanimous panel (Batchelder & Donald, JJ.), affirmed dismissal of a putative class action in Richelson v. Liberty Insurance. The Sixth Circuit Appellate Blog has a sister (re)insurance publication (perhaps more of a...

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