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New Book for the New Year  

To start off the New Year I published my newest insurance coverage and  claims book entitled: A Compact Book on How Judges Read, Understand,  Interpret and Rule on Insurance Policy Issues: Every Person Who is  Insured Needs to Understand How Judges interpret Insurance Policies.  The book provides those who are insured, insurance claims people,  insurance claims executives, underwriters, insurance agents, insurance  brokers, insurance coverage lawyers and policyholders lawyers an ability  to understand how they should emulate the courts when interpreting an  insurance policy to avoid taking untenable positions with regard to  claims.  Understanding the Terms and Conditions of an Insurance Policy  

The challenge faced by every person insured when making a claim is to  determine what was insured and what was not insured. Similarly, every  insurance claim professional when faced with the need to resolve a claim  presented by an insured is required to determine if the insurance  policy, by its wording, provides coverage to indemnify the insured or  does not. To do so the insured and the insurance claim professional must  read, understand, and interpret the policy and apply the wording of the  policy to the facts determined by the claims investigation.  

To present or investigate a claim fairly both those insured and those  representing the insurer must understand what insurance is and its  history of indemnifying those who incur losses as a result of a  fortuitous event.  An insurance policy is a contract. It is a written agreement between the  person named as insured and the insurer. Each party to the insurance  contract make promises to each other. The insured, for example, promises  to pay the premium charged and in the event of a claim cooperate in the  investigation of the insurer and will do nothing to deprive the insurer  of the benefits of the policy. 

The insurer, on the other hand, promises  to thoroughly investigate each claim presented by the insured fairly  and in good faith and to do nothing that will prevent the other to  obtain the benefits of the contract.  The Contract of Adhesion  Since insurance policies are often contracts of adhesion written by the  insurer that are available to an insured who is given two choices: to  accept or reject the policy as written. Adhesion contracts are usually  interpreted carefully to favor the insured since the insured had no  choice regarding the promises made by the policy.