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  • videocam Live Online with Live Q&A
  • calendar_month January 13, 2026 @ 1:00 p.m. ET./10:00 a.m. PT
  • signal_cellular_alt Intermediate
  • card_travel Insurance
  • schedule 90 minutes

Insurance Policy Interpretation: Recurring Issues, Ambiguities, Exclusions, Plain Meaning, Burdens of Proof, and More

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About the Course

Introduction

This CLE webinar will discuss the interpretation of some of the most fiercely and frequently litigated words and phrases in insurance policies in the context of coverage disputes. The program will review the rules for construing insurance policies with respect to ambiguities, exclusions, plain meaning, burdens of proof, and more, and then consider whether these rules are evolving to produce unexpected coverage decisions that are changing insurance law. The speakers will offer both insurer and policyholder perspectives.

Description

Resolving coverage disputes and interpreting policies requires applying both traditional principles of contract interpretation and unique insurance-related rules of construction about ambiguities, exclusions, reasonable expectations, unconscionable advantage, illusory coverage, duty of utmost good faith, and much more. Notwithstanding that many policies have standard language and phraseology, policyholders, courts, and insurers often have difficulty ascertaining a policy's plain meaning in a given factual or procedural context, leading to seemingly inconsistent outcomes and unpredictability.

Insurance policies are long, complex, and labyrinthine documents that may not have been precisely drafted for a variety of reasons. Coverage can turn on the meaning of a single word or phrase, perhaps located paragraphs or pages away from the main provision. Some words and phrases get debated and interpreted over and over: arising out of, because of, connected or related to, accident, any, an, of, and for are just a few examples. As courts tweak or modify interpreting policies, the law can evolve about what is or is not covered under particular language.

Listen as this accomplished panel of insurance coverage attorneys reviews the rules for policy interpretation, discusses frequently litigated issues in the policy language, and offers insights into whether the law is evolving with respect to these often-disputed provisions. 

Presented By

Arthur R. Armstrong
Partner
Lowenstein Sandler LLP

Arthur R. Armstong focuses his practice exclusively on representing corporate policyholders in high-stakes insurance recovery matters.

Mr. Armstrong represents privately held and publicly traded companies against primary and excess insurers to secure and maximize coverage under cyber, property, commercial general liability, D&O, E&O, and other insurance policies. He has extensive experience counseling clients at all stages of an insurance claim life cycle: from negotiation of insurance policy language, to ensuring that complex claims are properly characterized in order to avoid improper denials, to litigating adverse coverage decisions when necessary.


Arthur also has extensive cyber insurance experience, counseling clients who have suffered ransomware attacks, data breaches, and other cyber events. These losses, particularly with respect to business interruption, can be significant, and recovery under all available insurance policies is critical. Arthur helps businesses navigate the many insurance issues that arise from these threats, including first- and third-party coverages, ransom payments, remediation costs, government investigation defense costs and monetary penalties, as well as class action litigation and demands from impacted business partners.

Nina E. Kallen
Owner
Nina E. Kallen, Attorney At Law

Ms. Kallen has over twenty years of successful experience in civil litigation. She represents both plaintiffs and defendants in state and federal courts throughout Massachusetts. Ms. Kallen has a particular expertise in insurance coverage issues and represents insurers and insureds in coverage and bad faith disputes. She has an award-winning blog called Insurance Coverage Law in Massachusetts.

Credit Information
  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

Date + Time

  • event

    Tuesday, January 13, 2026

  • schedule

    1:00 p.m. ET./10:00 a.m. PT

I. Overview of general rules of policy interpretation

II. Rules for finding and resolving ambiguity

III. Frequently litigated words and phrases: insurer and policyholder views

IV. Trends in policy interpretation


The panel will review these and other key issues:

  • What are the different approaches courts take to resolve ambiguity?
  • Is the policy always construed against the insurer and in favor of coverage?
  • What happens when two equally clear provisions cancel each other out?
  • Do insurance treatises make the law or reflect it?