Abstract

How to Construe a Policy

Article

Read the Policy - in FULL.

Read the policy again, focusing on all relevant parts.

Read all the relevant parts AGAIN.

Having formed ideas, read all relevant parts again.

Having refined your conclusions, read the policy in full again for discarded parts which may be relevant to the conclusions.

The primary source of the meaning of the words of a policy is the words of the policy, and while in some cases of egregious injustice the court will even reverse the meaning of language as being more appropriate to justice, the starting point is always the language.

The second source is the justice of a construction, and that will prevail if the language will tolerate it.