General Insurance PrinciplesQuestion 270 of 315

Because an insurance policy is a contract of 'adhesion,' California courts will generally interpret ambiguous language in the policy:

a.Against the drafter (the insurer), in favor of coverage for the insured
b.Against the insured, who should have read the policy more carefully
c.Strictly according to the dictionary, ignoring context
d.Only as the Insurance Commissioner specifies in regulations

Explanation

A 'contract of adhesion' is a take-it-or-leave-it contract drafted entirely by one party (the insurer) and presented to the other (the insured) without meaningful opportunity to negotiate. Because the insured had no role in drafting, California courts apply the doctrine of contra proferentem: ambiguities are construed AGAINST the drafter (the insurer) and IN FAVOR of coverage for the insured. This rule motivates insurers to draft clearly. Option B reverses the rule. Option C ignores how California courts actually interpret insurance contracts — they look at reasonable expectations of the insured in context. Option D — courts apply the contra proferentem doctrine independently of the Commissioner's regulations, though both reinforce policyholder protection.

Law Reference: Cal. Ins. Code §22 and §280 (contract of adhesion)

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