Practice point: If the policy on its face is reasonably susceptible of only one meaning, a court is not free to alter the agreement. If there is any ambiguity, however, it must be construed in favor of the insured and against the insurer.
Practitioners should note that for an insurer to prevail on its interpretation of an ambiguous term, the insurer must demonstrate, in addition to reasonability, that its interpretation is the only fair one.
Case: Antoine v. City of New York, NY Slip Op 09010 (2d Dept. 2008)
The opinion is here.
