Contra Proferentem

205 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• N.Y. Life Ins. Co. v. Hiatt
  140 F.2d 752· 9th Cir.· 1944-02-16 ·cited 12×
  The court held that a stamped declaration on a policy cover stating 'Double Indemnity for Fatal Accident' is part of the contract and controls over a conflicting exclusion in the rider, resolving ambiguity in favor of the insured.
• Phillips v. Lincoln Nat'l Life Ins. Co.
  978 F.2d 302· 7th Cir.· 1992-10-21 ·cited 11×
  The court held that the term 'mental illness' in the ERISA plan was ambiguous as applied to James' condition, which stemmed from an organic cause, and therefore the mental illness limitation did not apply.
• Hanson v. The Prudential Ins. Co. OF Am.
  772 F.2d 580· 9th Cir.· 1985-09-27 ·cited 11×
  The court held that the term 'nursing service' in the insurance policy was ambiguous and should be construed in favor of the insured, meaning the facility qualified as a hospital. However, the court also held that the insurer did not act in bad faith.
• Finberg v. Herald Fire Ins. Co.
  455 So. 2d 462· Fla. 3d DCA· 1984-08-07 ·cited 11×
  Finberg appealed a summary judgment denying insurance coverage for a motorcycle and Porsche destroyed in a garage fire. The court held that ambiguous policy language regarding motor vehicle exclusions must be interpreted against the insurer, and that under the policy's own defini
• Hartford Accident & Indem. Co. v. U.S. Fid. & Guar. Co.
  962 F.2d 1484· 10th Cir.· 1992-04-30 ·cited 10×
  The court held that under Utah law, the 'sudden and accidental' exception to a pollution exclusion clause requires the discharge of pollutants to be both temporally abrupt and unexpected or unintended, thus excluding coverage for continuous or routine discharges.
• Delk v. Durham Life Ins. Co.
  959 F.2d 104· 8th Cir.· 1992-03-19 ·cited 10×
  The court held that ambiguous language in an ERISA-governed plan should be construed against the drafter as a last resort after other interpretation methods fail.
• The Sch. Bd. OF Nassau Cnty. v. Arline
  408 So. 2d 706· Fla. 1st DCA· 1982-01-11 ·cited 10×
  A school board may dismiss a teacher with active infectious tuberculosis when the teacher works with young children and substantial competent evidence supports a finding that the teacher's condition poses an unacceptable health and safety risk. The continuing contract provision e
• Revere Copper & Brass Inc. v. Overseas Private Inv. Corp.
  628 F.2d 81· D.C. Cir.· 1980-02-26 ·cited 10×
  The court held that a party cannot seek to vacate an arbitration award based on the arbitrators' alleged misconstruction of the contract or failure to apply a rule of contract interpretation like contra proferentem.
• S. W. Aircraft Inc. v. The United States
  551 F.2d 1208· Ct. Cl.· 1977-03-23 ·cited 10×
  The court held that the receipt of insurance proceeds does not bar the plaintiffs' suit and that the Government is liable under the contract for the helicopter's destruction.
• Blue Cross OF Fla., Inc. v. Dysart
  340 So. 2d 970· Fla. 2d DCA· 1976-12-22 ·cited 10×
  Blue Cross and Blue Shield appealed a summary judgment requiring them to reimburse an insured's estate for hospital and medical expenses incurred after the policies terminated on December 31, 1972. The court reversed, holding that hospitalization and medical expense policies prov
• State Bank of Albany v. The United States
  530 F.2d 1379· Ct. Cl.· 1976-02-18 ·cited 10×
  The court held that the Commissioner did not abuse his discretion in disallowing the inclusion of New York State loans in the taxpayer's bad debt reserve calculation.
• United States v. Nationwide Mut. Ins. Co.
  499 F.2d 1355· 9th Cir.· 1974-07-09 ·cited 10×
  The court held that the district court erred in granting summary judgment, as the determination of whether the government was an intended third-party beneficiary and the interpretation of an exclusionary clause require further factual findings under Washington law.
• NEW York Life Ins. Co. v. Atkinson
  241 F.2d 674· 10th Cir.· 1957-02-03 ·cited 10×
  The court held that the insured, who operated a scintillometer from the rear seat of an aircraft during an aerial survey, was not a "member of the crew" within the meaning of the double indemnity exclusion in his life insurance policy.
• Eley v. Boeing Co.
  945 F.2d 276· 9th Cir.· 1991-09-19 ·cited 9×
  The court held that the district court applied the proper standard of review (abuse of discretion) and that the plan administrator's interpretation of 'diagnostic test' to include a Pap test did not clearly conflict with the plan's plain language.
• Claussen v. The AETNA Cas. & Sur. Co.
  888 F.2d 747· 11th Cir.· 1989-09-29 ·cited 9×
• Inst. OF London Underwriters & Ferguson & Co. v. Sea-Land Serv., Inc.
  881 F.2d 761· 9th Cir.· 1989-08-04 ·cited 9×
  Where the Carriage of Goods by Sea Act (COGSA) is incorporated by contract but does not apply ex proprio vigore, inconsistent contract terms are given force, and a bill of lading can define a shipped item as a COGSA 'package' even if it would not qualify under COGSA's statutory d
• Nat'l Screen Serv. Corp. v. United States Fid. & Guar. Co.
  364 F.2d 275· 2d Cir.· 1966-08-03 ·cited 9×
  The dissenting judge argues that the term 'possession' in the insurance policy's products hazard exclusion should be interpreted according to its ordinary, layman's meaning of actual physical control, not a technical legal definition.
• Petersen v. State Farm Fire & Cas. Co.
  615 So. 2d 181· Fla. 3d DCA· 1993-03-02 ·cited 8×
  Petersen appeals a summary judgment denying uninsured motorist coverage for injuries sustained in a motorcycle accident. The court reversed, finding that the term "motor vehicle" in the uninsured motorist exclusion was ambiguous and must be construed against the insurer, State Fa
• Interstate Gen. Gov't Contractors, Inc. v. Michael P.W. Stone
  980 F.2d 1433· Fed. Cir.· 1992-12-03 ·cited 8×
  A contractor's failure to seek clarification of a patent ambiguity in a government contract before bidding precludes recovery for costs incurred due to that ambiguity.
• Nathaniel Shipping, Inc. v. Gen. Elec. Co.
  920 F.2d 1256· 5th Cir.· 1991-01-15 ·cited 8×
  The court held that the economic loss rule, as applied in East River, precludes a shipowner's tort claim against a subcontractor for economic losses arising from damage solely to the product itself, even without privity, but that a limitation of liability clause did not bar the s
• Nw. Administrators, Inc. v. B.V. & B.R., Inc.
  813 F.2d 223· 9th Cir.· 1987-03-20 ·cited 8×
  The court held that the district court erred in granting summary judgment because the collective bargaining agreement's ambiguity regarding pension contributions for seasonal employees presented material issues of fact.
• Santa FE Eng'rs, Inc. v. The United States
  801 F.2d 379· Fed. Cir.· 1986-04-18 ·cited 8×
  The court held that the contract clause limiting overhead and profit on changes applies to delay overhead as well as direct costs overhead, and that this clause does not conflict with the standard Changes clause.
• Wiesmueller v. Interstate Fire & Cas. Co.
  568 F.2d 40· 7th Cir.· 1978-01-05 ·cited 8×
  The court held that the aviation liability insurance policy unambiguously provided a $100,000 limit per injured passenger, not a $300,000 total limit for all passengers.
• Valley View Shopping Ctr. Ltd. v. The United States
  535 F.2d 42· Ct. Cl.· 1976-05-12 ·cited 8×
  The court held that the SBA's lease rental guarantee policy covered past-due rent accrued before the formal notice of default, as long as the default led to a demand for possession within a reasonable time.
• First Nat'l Bank OF Fort Walton Beach v. United States Fid. & Guar. Co.
  416 F.2d 52· 5th Cir.· 1969-09-17 ·cited 8×
  The court held that the falsified dividend reinvestment advices and confirmations constituted 'documents' or 'other written instruments' under clause (E) of the Banker's Blanket Bond, and thus the insurer was liable for the bank's losses.
• State Farm Mut. Auto. Ins. Co. v. Xaphes
  384 F.2d 640· 2d Cir.· 1967-10-24 ·cited 8×
  The court held that the insurance policy's exclusion for household members was ambiguous and should be interpreted against the insurer.
• Smith v. Indem. Ins. Co. of N. Am.
  318 F.2d 266· D.C. Cir.· 1963-04-25 ·cited 8×
  The court held that a rented automobile driven by the insured is not a 'land conveyance licensed for the transportation of passengers for hire' under the terms of an accident insurance policy.
• Calmar S. S. Corp. v. Scott
  209 F.2d 852· 2d Cir.· 1954-01-25 ·cited 8×
  The court held that the insured could claim a constructive total loss even if the expense of repair did not exceed the insured value, due to the impossibility of calculating such costs.
• Clapper v. Aetna Life Ins. Co.
  157 F.2d 76· D.C. Cir.· 1946-07-22 ·cited 8×
  The court held that the phrase 'an aeronautic flight' in the insurance policy exclusion does not apply to a passenger, and any ambiguity must be resolved in favor of the insured.
• United States Fire Ins. Co. v. Gen. Reinsurance Corp.
  949 F.2d 569· 2d Cir.· 1991-11-15 ·cited 7×
  The court held that the General Re Certificate of Reinsurance is ambiguous and that extrinsic evidence demonstrates the Hospital's General Re malpractice coverage did not incept until after the Hospital had exhausted the aggregate limit of its primary insurer.
• Navarra v. The Cent. Nat'l Ins. Co. OF Omaha
  232 So. 2d 28· Fla. 1st DCA· 1970-02-24 ·cited 7×
  Navarra seeks insurance benefits for injuries sustained while operating a motor scooter, claiming the vehicle falls under the policy's coverage for "automobiles" rather than the excluded category of "motorcycles." The court held that a motor scooter is a motorcycle under the poli
• Maxa v. John Alden Life Ins. Co.
  972 F.2d 980· 8th Cir.· 1992-08-17 ·cited 6×
  The court held that ERISA does not require individualized notice of benefit reductions and that the coordination of benefits provision did not violate the Social Security Act for a small employer.
• McGEE v. Equicor-Equitable HCA Corp.
  953 F.2d 1192· 10th Cir.· 1992-01-13 ·cited 6×
  The court held that the health plan did not limit rehabilitation to sixty days and that Equicor wrongfully denied coverage for the first two months of rehabilitative care at Meadowbrook Hospital.
• Allstate Ins. Co. v. Almgreen
  376 So. 2d 1184· Fla. 2d DCA· 1979-10-12 ·cited 6×
  Allstate Insurance appeals a summary judgment granting uninsured motorist benefits to the Almgreens for injuries caused by an uninsured off-road motorcycle. The court affirms, holding that policy language excluding only farm equipment designed for off-road use does not exclude mo
• Ball State Univ. & the Am. Ass'n of Colleges for Teacher Educ. v. The United States
  488 F.2d 1014· Ct. Cl.· 1973-12-19 ·cited 6×
  The court held that the $39,000 figure for indirect costs in the contract constituted a ceiling on reimbursement, and the plaintiff had been overpaid.
• Burdett Oxygen Co. OF Cleveland, Inc. v. Emp'rs Surplus Lines Ins. Co.
  419 F.2d 247· 6th Cir.· 1969-12-10 ·cited 6×
  The court held that the business interruption endorsement covered losses resulting from a mechanical breakdown, as the policy language was ambiguous and should be construed in favor of the insured.
• Shiloh Christian Ctr. v. Aspen Specialty Ins. Co.
  65 F.4th 623· 11th Cir.· 2023-04-13 ·cited 5×
  Under Florida law, the plain language of an insurance policy controls over extrinsic evidence of the parties' subjective intentions, and ambiguities are construed in favor of coverage.
• Stvartak v. Eastman Kodak Co.
  945 F. Supp. 1532· M.D. Fla.· 1996-11-15 ·cited 5×
  The court found that the plan administrator's denial of long-term disability benefits was arbitrary and capricious, entitling the plaintiff to benefits.
• Vargas v. Ins. Co. OF N. Am.
  651 F.2d 838· 2d Cir.· 1981-06-15 ·cited 5×
  The court held that the aviation insurance policy's territorial limits could reasonably be interpreted to cover flights between covered locations, even if part of the flight path extended beyond the specified territories.
• Donn W. Swigert and Benadine E. Swigert v. Am. Bankers Ins. Co. of Fla.
  247 So. 2d 737· Fla. 3d DCA· 1971-04-13 ·cited 5×
  Homeowners insurance policy covered unscheduled personal property on the premises but excluded business property only when off the premises. The court held that by specifically excluding business tools while away from the premises and remaining silent on coverage while on the pre
• Payroll Mgmt., Inc. v. Lexington Ins. Co.
  815 F.3d 1293· 11th Cir.· 2016-03-01 ·cited 4×
  Payroll Management, Inc. (PMI Florida) and related entities sought coverage under an employment practices liability insurance policy issued by Lexington Insurance Company for losses arising from a breach-of-contract suit filed by Blue Cross over unpaid healthcare premiums. The El
• Mercury Ins. Co. OF Fla. v. Markham
  36 So. 3d 730· Fla. 1st DCA· 2010-04-20 ·cited 4×
  Mercury Insurance appealed a trial court's grant of partial summary judgment against it for wrongfully refusing to defend an insurance claim based on alleged material misrepresentation. The court reversed, finding that the insurance application question asking whether a vehicle w
• Thomas v. Lockheed Martin Info. Sys.
  155 F. Supp. 2d 1316· N.D. Fla.· 2001-03-26 ·cited 4×
  The court held that the plaintiff failed to prove disability on the critical date for his short-term disability claim and that the arbitrary and capricious standard of review applied to the long-term disability claim, which was also reasonably denied.
• Haney v. The United States
  676 F.2d 584· Ct. Cl.· 1982-03-10 ·cited 4×
  The court affirmed the trial judge's decision, holding that the government's actions regarding contract interpretation and the denial of claims did not constitute bad faith, and that the ambiguity in the contract was properly construed against the government as the drafter.
• Monroe M. Tapper & Assocs. v. The United States
  602 F.2d 311· Ct. Cl.· 1979-07-18 ·cited 4×
  The court held that the contract's specific section on site utilities clearly permitted backfilling with earth, and other sections requiring gravel did not apply to utility trenches, thus the contract was not patently ambiguous.
• Tyler v. The United States
  600 F.2d 786· Ct. Cl.· 1979-06-13 ·cited 4×
  A teacher hired before a regulatory change is entitled to a living quarters allowance (LQA) under a grandfather clause, even with a break in service between academic years, as long as they are continuously employed in a foreign area.
• Consol. Diesel Elec. Co. v. The United States
  533 F.2d 556· Ct. Cl.· 1976-04-14 ·cited 4×
  The court held that the plaintiff's technical proposal, which included an 'option clause' allowing for the final choice of engine 'family' combination, was a single proposal with four combinations, not four separate proposals, and thus the plaintiff was not limited to the initial
• Royal Indem. Co. v. Kenny Constr. Co.
  528 F.2d 184· 7th Cir.· 1975-12-15 ·cited 4×
  The court held that the City's negligence in relocating pipes outside the K-4 contract caused the property damage, and therefore neither the Venture nor its insurer, Royal, were liable under the contract's indemnity or insurance provisions. The award of attorney's fees to the Ven
• Casey v. Transamerica Life Ins. & Annuity Co.
  511 F.2d 577· 7th Cir.· 1975-02-12 ·cited 4×
  The court held that an ambiguous "continued insurability" clause in an insurance application, which could be reasonably misunderstood by a layman, will be construed against the insurer after the insured's death, preventing the insurer from denying coverage based on its own interp
• Merando, Inc. v. The United States
  475 F.2d 601· Ct. Cl.· 1973-03-16 ·cited 4×
  The contractor is not entitled to damages for work performed outside the contract limit line because the discrepancy was obvious and required a pre-bid inquiry.