FLORIDA APPELLATE COURT RULES EXTRINSIC EVIDENCE APPROPRIATE TO CONSTRUE AMBIGUOUS REINSURANCE CONTRACT PROVISION
On an appeal arising out of a dispute regarding personal accident reinsurance for an aircraft, Florida’s 4th District Court of Appeals reversed and remanded the trial court’s grant of summary judgment finding that the court should have considered extrinsic evidence in interpreting the policy. The DCA concluded that although ambiguous policies are often construed against the insurer as drafter of the contract, the unique and highly specialized nature of the insurance justified the examination of extrinsic evidence. Accordingly, the case was sent back to the trial court to allow the parties to submit extrinsic evidence on what, if any, coverage is provided to unemployed passengers. Kiln PLC v. Advantage Gen. Ins. Co., Ltd., No. 4D10-2995 (Fl. Ct. App. Feb. 22, 2012).
This post written by John Black.
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