Legal Memorandum: Construction of Insurance Policy Terms

Issue: Under New York law, what are the limits to the construction of terms in an insurance policy?

Area of Law: Insurance Law
Keywords: Terms of insurance policy; Limits to construction; Express coverage illusory
Jurisdiction: New York
Cited Cases: 314 N.E.2d 37; 357 N.Y.S.2d 705
Cited Statutes: None
Date: 02/01/2001

An insurance policy must not be construed so as to make its express coverage illusory. See, e.g., Thomas J. Lipton, Inc. v. Liberty Mut. Ins. Co., 34 N.Y.2d 356, 361, 314 N.E.2d 37, 357 N.Y.S.2d 705, 708 (1974).


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