The need to distribute the risk of economic loss that would accompany any number of potential misfortunes prompts most individuals and businesses to include insurance as a major element of their economic planning.
This far-reaching nature of the industry, along with the complex nature of the insurance contract itself, results in strong public interest which manifests itself both in extensive regulation of the industry and in the willingness of courts to invalidate certain provisions of a contract designed by an insurer to limit its risk.
In addition, the desire of the courts to protect the interest of the individual insured in any dispute between insurer and insured provides the underlying rationale for the courts to display considerable imagination in identifying ambiguities in the policy language, to interpret such ambiguities in favor of the insured, and even occasionally to ignore the contract entirely and resolve the issue in favor of the reasonable expectations of the insured.
These fundamental principles provide a characteristic flavor to insurance law that might be somewhat surprising to the attorney accustomed to conventional contract analysis. Whether your practice specializes in insurance law or you encounter the insurance problem only infrequently, National Legal Research Group can provide the assistance necessary to chart your client's course properly.
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Insurance law is so vast that only a representative sampling of problems and issues encountered can be given here. Typical problems involve: