Quick Note: Interpretation of a Contract (Policy) is for the Court, Not the Jury
The construction / interpretation of a contract including an insurance policy is a question of law. This means it is for the court, not the jury, to interpret a contract. While there are times parties may prefer to delegate this responsibility to a jury, this is not allowed. In a recent property insurance coverage dispute, the insured, over the insurer's objection, was able to get jury instructions instructing to the jury regarding the interpretation of the insurance policy. On appeal, the appellate remanded the case back to the trial court for a new trial, as the interpretation of the policy...
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