Is a policy provision in a motor vehicle insurance policy ambiguous?

California, United States of America


The following excerpt is from Stamm Theatres, Inc. v. Hartford Cas., 113 Cal.Rptr.2d 300, 93 Cal.App.4th 531 (Cal. App. 2001):

"A policy provision is ambiguous only if it is susceptible to two or more reasonable constructions despite the plain meaning of its terms within the context of the policy as a whole. [Citation.] The court may then `invoke the principle that ambiguities are generally construed against the party who caused the uncertainty to exist (i.e., the insurer) in order to protect the insured's reasonable expectation of coverage.' [Citation.]" (Palmer v. Truck Ins. Exchange (1999) 21 Cal.4th 1109, 1115, 90 Cal.Rptr.2d 647, 988 P.2d 568, italics omitted.)

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