Kenneth S. Abraham

Peril and Fortuity in Property and Liability Insurance

PUBLISHER
Tort & Insurance Law Journal
DATE
2001
 

UVA Law Faculty Affiliations

Abstract

This article concludes that the characteristic feature of insurance policies, their standard-form nature, strongly supports an interpretive approach that emphasizes the primacy of insurance policy language and relegates legal rules to a secondary position in the interpretive enterprise. For this reason, the courts should be wary of employing so-called rules regarding insuring against nonfortuitous loss. Rather, to determine whether there is coverage under an insurance policy whose provisions address the fortuity issue, the courts should apply the policy language.

 

Citation

Kenneth S. Abraham, Peril and Fortuity in Property and Liability Insurance, 36 Tort & Insurance Law Journal 777-802 (2001).
 

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