Law360 | September.03.2015
Orrick's Harry Moren authored an article in Law360 entitled "Some Words Are More Equal Than Others: BancInsure V. FDIC." In the article, he discusses a recent decision by the Tenth Circuit that departs from the usual rules governing how courts interpret insurance policies.
Harry notes that "BancInsure Inc. v. Federal Deposit Insurance Corp., appears to apply a similar principle of insurance policy interpretation, finding that the plain meaning of one policy provision may trump the equally plain meaning of another conflicting provision. This is a departure from well settled rules governing how courts interpret insurance policies. Among those rules are that where there is no ambiguity, courts are to apply a provision’s plain and ordinary meaning. However, courts are to read the policy as a whole and cannot interpret one policy provision (even if it is clear) in a way that would render another provision meaningless (because all words in a policy are equal)." Select the link below to read the article in its entirety.