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Does the Insurance Company Hold All the Cards? Not So Fast...

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Does the Insurance Company Hold All the Cards? Not So Fast...

When dealing with an insurance company, it can feel like they hold all the cards.

An insurance policy is a contract and, for the most part, is treated like any other contract. If the meaning is clear, courts are required to interpret the policy according to the plain meaning of the words used in the policy.

But what if it's not so clear? An insurance policy may be 20, 30, 50 pages long or more. It might say one thing on page 5, then seem to say something different on page 25. What happens then?

Even though the company holds a lot of the cards, here is one that the policyholder has:

Under Texas law, courts are required to interpret an insurance policy liberally in favor of the policyholder, and strictly against the insurance company.

This means that if the policy is not clear, and there is a legitimate dispute about two possible explanations of the policy language – one that would provide coverage and one that would deny coverage -- then the court must interpret the policy in the way that would provide coverage to the policyholder.

Remember that card. It might come in handy.

The attorneys at Murr Yanochik, P.L.L.C. have successfully represented clients in all aspects of insurance claims and insurance coverage. When the insurance company fails to pay on a proper claim – or worse, engages in deceptive and unfair acts and practices – it is important to have a good lawyer on your side. If you have a business or commercial insurance claim, give us a call.

Michael J. Yanochik
Murr Yanochik, P.L.L.C.
708 Main Street, Suite 700
Houston, Texas 77002

Office Direct: 713-966-6142
Mobile: 281-507-6972
Office Fax: 713-588-2412
Toll Free: 1-877-665-1520

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Categories: Business Law