The Admissibility of Subsequent Revisions to Policy Language As Extrinsic Evidence for the Interpretation of a Prior Policy Under Federal Law: Is It Okay to Change?
November/December 2007
Reprinted with permission from the November/December 2007 issue of Coverage, Committee on Insurance Coverage Litigation, American Bar Association, Volume 17, Number 8. This information or any portion thereof may not be copied or disseminated in any form or by any means or downloaded or stored in an electronic database or retrieval system without the express written consent of the American Bar Association.
Insurance policies change over time. For example, insurers sometimes revise previously-undefined policy terms to clarify the scope of coverage by including definitions consistent with the routine interpretations applied by their adjusters. This article addresses the question whether such changes are admissible evidence in coverage litigation when proffered prove the scope and meaning of prior policies.
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