Consider This Commonsense on Contra Proferentem

April 29, 2015

Courts applying the doctrine of contra proferentem construe ambiguities in contract language against the drafter. In most insurance contract disputes, this doctrine has historically benefited insureds because insurers typically draft insurance contracts. Today, many commercial policyholders use insurance brokers to place coverage. Large insurance brokers, including Aon PLC and Marsh & McLennan Companies Inc., have drafted their own policy forms and may require insurers to use these instead of traditional, insurer-drafted policies.

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Scott G. Johnson


Chair, Minneapolis Insurance Group

Elizabeth Burnett


Co-Chair, Diversity, Equity and Inclusion Committee

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