Ambiguities in an insurance policy are construed against the drafter of the policy (i.e. the insurer) and in favor of coverage. Insurance Law 101.
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Originally Posted by Exhibitman
No, that is incorrect. Any policyholder's duty of care in specific instances or any exclusions for not taking specific actions must be specified in the policy itself or the lack of specifics will go against the carrier. I once had a case where the client's warehouse was burglarized and the insurer tried to deny the claim because the required alarm system was functional but not armed at the time of the break-in. The policy required that the insured have a functional alarm system but did not require that it be armed at the time of the incident or exclude coverage if the alarm system was not armed. Carrier lost.
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