Potesta v. United States Fidelity & Guaranty Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that ambiguous terms in insurance contracts are strictly construed against the insurance company and in favor of the insured
• identifying components of establishment of waiver, including demonstrating that parly has intentionally relinquished known right.
• identifying components of establishment of waiver, including demonstrating that party has intentionally relinquished known right.
• outlining three exceptions to this general rule, none of which are applicable to this case
• discussing exceptions for cases where an insurer misrepresents coverage or acts in bad faith
• discussing the common law application of the principles of waiver and estoppel in this context and holding that while prejudice on the part of the insured is a requirement in order to assert estoppel it is not a requirement for an insured to assert waiver

Source: CourtListener parenthetical corpus (CC0).