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ARTICLE · 13 SEPTEMBER 2016

In Indiana, An Absolute Pollution Exclusion May Exclude Absolutely Nothing

The admonition to "eat every carrot and pea on your plate" undoubtedly elicits laughs from the children to whom it is directed. The point is, some things are unambiguously ambiguous.

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A recent article in the Sports section of The Miami Herald read "Shooting coach helps Winslow." Perhaps, but it probably didn't help the coach much. The admonition to "eat every carrot and pea on your plate" undoubtedly elicits laughs from the children to whom it is directed. The point is, some things are unambiguously ambiguous. Others are not.

Consider these basic principles of Indiana contract interpretation:

  • Limitations on coverage in insurance policies must be clearly expressed to be enforceable.
  • Ambiguity exists when a policy is susceptible to two or more reasonable interpretations.
  • If insurance policy language is clear and unambiguous, it should be given its plain and ordinary meaning.

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