General Insurance PrinciplesQuestion 270 of 716

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

a.Against the insured, who should have read the whole policy more carefully
b.Only as the Insurance Commissioner specifies in filed regulations and bulletins
c.Against the drafter (the insurer), in favor of coverage for the insured
d.Strictly by dictionary definition, ignoring the parties' intent

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. Construing ambiguity against the insured for not having read the whole policy carefully reverses the rule. Reading the policy strictly by dictionary definition while ignoring the parties' intent ignores how California courts actually interpret insurance contracts — they look at the reasonable expectations of the insured in context. And limiting interpretation to whatever the Insurance Commissioner specifies in filed regulations and bulletins is wrong too: 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)

This topic, taught in full in the California Life & Health Insurance Producer Exam guide. California Life & Health Insurance Producer Exam — Complete Study Guide (2026) — PDF + EPUB, $19.99 · 14-day refund →

Practice all 716 questions free — no signup required.

Own the complete California Life & Health Insurance Producer Exam guide — PDF + EPUB, $19.99 →

Related questions on this topic

Last reviewed: · editorial process

PrepPass team · Verified against California Life & Health Insurance License Exam · How we review
Reviewed by John Zihao Zhang — California-Licensed Life Insurance Agent (CA Dept. of Insurance License #4396095 — verify)
Report