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Document Type

Article

Media Type

Text

Abstract

This Article explores the meaning of "in the open" in the context of insurance policy interpretation. This issue, which has been addressed by several state and federal courts, has existed for over forty years. This Article explores the possibility that the misinterpretation of this phrase exists solely because courts have employed the wrong part of speech. For example, insurance policies generally prohibit coverage for property destroyed while "in the open" “ the noun part of speech. Hence, in these policies, "in the open" is used to signify a location. However, courts have chosen to interpret the insurance policies as prohibiting coverage for "open" property “ the adjective part of speech. This Article argues this interpretation is misplaced. Additionally, the Article concludes that courts should use the noun part of speech and find that "in the open" refers to property simply left outside, irrespective of whether it is protected or unprotected from the elements.

First Page

355

Last Page

378

Publication Date

2-1-2013

Department

Other

ISSN

0734-1490

Language

eng

Publisher

Northern Illinois University Law Review

Included in

Law Commons

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