Vince Morgan participated in American College of Coverage Counsel’s 2021 Annual Meeting on September 23.
Historically, the courts have been hostile to policyholders’ reliance upon the “illusory coverage” doctrine as a basis to rebut an insurer’s denial of coverage. In recent years, however, there has been an uptick in cases that have accepted the argument. The program explored the case law and arguments from both the policyholder’s and insurer’s perspective, including addressing the relationship between that doctrine and other rules of construction, including “reasonable expectations” and contra proferentem.
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