exclusion clause

(redirected from Four corners rule)
Translations

exclusion clause

nclausola di esclusione di rischi
Collins Italian Dictionary 1st Edition © HarperCollins Publishers 1995
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Courts like those in Florida that apply the four corners rule of insurance contract interpretation of the duty to defend allow a plaintiff's lawyer to skillfully draw a complaint that will require the defendant's insurer to defend even when it is clear from existing evidence that there is no coverage.
It is time that the four corners rule, or the eight corners rule, where the court only reads the complaint and the policy to determine coverage, be removed from any appellate jurisprudence.
The four corners rule gives too much power to the plaintiffs' lawyers, drawing the complaints to compel insurers to become part of lawsuits that they should never be involved in, or to refuse coverage to those whom coverage would be available but for the creative pleading of the plaintiffs' lawyers.
The AIMCO court predicted that the Colorado Supreme Court would recognize a narrow exception to the four corners rule requiring an insurer to consider facts of which it is aware in parallel complaints that tend to show a duty to defend as this "would not undercut an insured's legitimate expectation of a defense." (3)
The Four Corners Rule, applied in Pennsylvania and several other states, limits the decision to defend and/or indemnify an insured to a review of the allegations of a complaint.
The four corners rule worked an injustice in this case.

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