· 7/26/2006
Perez-Encinas v. Amerus Life Insurance
Citations
- 468 F. Supp. 2d 1127
- 2006 U.S. Dist. LEXIS 55411
- 2006 WL 2092044
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “Language in a contract must be interpreted as a whole, and in the circumstances of the case”
- “While insurance contracts may have special attributes, they are nevertheless contracts to which the ordinary rules of contract interpretation apply.”
- “[i]f the ‘reasonable expectations’ approach does not resolve the ambiguity, the ambiguity is to be interpreted against the drafter [], since that party caused the ambiguities to exist”
- “In searching for a plain meaning, a court is to interpret the language of an agreement in its ‘ordinary and popular sense, unless used by the parties in a technical sense’”
- “intent is determined solely from the written provisions”
Source: CourtListener parenthetical corpus (CC0).
Judges: Breyer
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.