About the Course
Introduction
This CLE course will review the inconsistencies regarding when extrinsic evidence may be used to establish that a particular policy provision is ambiguous and discuss interpreting any ambiguity as well exceptions to the "four/eight corners" rule. The panel will focus on key jurisdictions and discuss what types of extrinsic evidence are most often turned to, what provisions cause the most difficult ambiguities, and intentional ambiguity.
Description
Ambiguity in insurance policies can be costly to insurers regardless of the type of policy. Moreover, parties can end up in expensive discovery disputes in coverage litigation over whether extrinsic evidence of meaning is discoverable.
Courts in different jurisdictions take various positions on core issues such as whether extrinsic evidence can be used to find ambiguity, distinguishing between obvious and latent ambiguities, and whether and what kind of extrinsic evidence can resolve ambiguities. Some states only allow such evidence in cases of fraud but encounter similar issues in establishing fraud.
Parties often argue over what types of interpretive materials are acceptable and if trade practices and other business practices are relevant. The definitions section of policies gives rise to ambiguity, but often, everyday terms are not defined at all.
Listen as this experienced panel explores how to approach claims and coverage resolution by focusing on the policy language.
Presented By
Mr. Guardaro leads the firm’s Appellate & Motions Practice and oversees complex litigation matters. He has extensive experience in medical and legal malpractice, insurance coverage, and tort defense. Mr. Guardaro's practice also encompasses New York Labor Law, product liability, land use and condemnation matters, commercial tenancy disputes, municipal law, and zoning and planning. He has successfully challenged some of the largest and most complex damage verdicts in New York, including Sence v. Atoynatan, one of the first cases to invoke the New York Indemnity Fund and the state’s structured judgment law, and Fellin v. Sahgal, involving a $112 million medical malpractice verdict that was ultimately set aside and dismissed. Mr. Guardaro's appellate and trial work has also broken new ground in insurance coverage (QBE Insurance v. Ajdo), New York Labor Law liability (Alvarado v. French Council LLC), and related areas.
Mr. Pedro joined Axon Underwriting in August 2023 as In-House Counsel. He has practiced law for over 20 years focusing on a diverse insurance coverage counseling and litigation practice. Mr. Pedro's practice has encompassed a wide range of complex coverage matters, including commercial general liability, directors and officers, errors and omissions, cyber and data loss, professional liability, employment practices, and first-party property. Throughout his career, Mr. Pedro has litigated construction accidents, transportation, subrogation, products liability, premises liability, copyright, and other civil litigation matters.
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
-
Date + Time
- event
Tuesday, October 20, 2026
- schedule
1:00 PM ET/10:00 AM PT
I. Short overview of general rules of interpretation
A. The intent of the parties
B. Reasonable expectations
II. Extrinsic evidence of intent
A. Industry materials, bulletins
B. Underwriting, claims materials, advertising brochures
C. Prior claims handling practices or inconsistent interpretations of the same provision
D. Related documents: application, binder, declarations
E. Eligibility vs. coverage and use of underwriting standards to assess coverage
III. Key jurisdictions
The panel will review these and other issues:
- When will courts allow the use of extrinsic evidence to resolve policy ambiguities?
- What coverage disputes are best suited for motions for summary judgment and cross-motions?
- What special rules apply to interpreting exclusions and resolving ambiguities?
- What types of extrinsic evidence are most litigated?
Related Courses
Resolving Insurance Coverage Ambiguities: Discovery and Use of Extrinsic Evidence to Clarify Coverage
Tuesday, October 20, 2026
1:00 PM ET/10:00 AM PT
Choice of Law in Insurance Coverage Disputes: New Lawyers' Guide
Available On-Demand
Handling an Insurance Liability Claim: Roadmap for New Attorneys
Available On-Demand
