· 4/22/2008
EMPLOYERS REINSURANCE CO. v. Superior Court
Citations
- 74 Cal. Rptr. 3d 733
- 161 Cal. App. 4th 906
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding that evidence of performance is relevant to ascertain the meaning of the parties' agreement
- noting that extrinsic evidence such as “course of performance” evidence can be offered “to expose a latent ambiguity” in a contract term but only “when relevant to prove a meaning to which the language of the instrument is reasonably susceptible”
- considering language and extrinsic evidence to determine the meaning of a contract capable of two or more constructions
- considering language and extrinsic evidence to determine the meaning of a contract capable of two or more constructions
- in interpreting an insurance contract, the Court of Appeal 4 “consider[s] the contract as a whole and interpret[s] the language in context, rather than 5 interpret[ing] a provision in isolation”
- “We interpret words in accordance with their ordinary and popular sense, unless the words are used in a technical sense or a special meaning is givpn to them by usage.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Croskey
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.