The Second Opinion: Can The Reasonable Expectations Of The Parties Ground Insurance Coverage? Sometimes…

The concept of the "reasonable expectations of the parties" is often alluded to in the insurance law context. Can this concept serve as the basis for granting insurance coverage to an insured? What if the reasonable expectation of the parties conflicts with the actual wording of the insurance policy? A recent British Columbia Court of Appeal decision provides insight into these issues.

The pertinent facts of the decision in Turpin v. The Manufacturers Life Insurance Company, 2013 BCCA 282, are as follows. The plaintiff had experienced abdominal pain for which she received medical treatment in British Columbia. Her abdominal pain subsided. She then purchased travel insurance before travelling to California. She did not read the insurance policy.