Insurance Contracts Construed to Protect Reasonable Expectations of Insureds

It is well-established Georgia law that insurance contracts are construed to protect the reasonable expectations of the insured. See, e.g., Western Pacific Mut. Ins. Co. v. Davies, 267 Ga.App. 675, 601 S.E.2d 363(2004); Georgia Farm Bureau Mut. Ins. Co. v. Meyers, 249 Ga.App. 322, 324, 548 S.E.2d 67, 69 (2001); Georgia Farm Bureau Mut. Ins. Co. v. Gaster, 248 Ga.App. 198, 201, 546 S.E.2d 30, 31 (2001); Ga. Farm Bureau &c. Ins. Co. v. Huncke, 240 Ga.App. 580, 580-581, 524 S.E.2d 302, 303 (1999); Anderson v. Southern Guar. Ins. Co. of Georgia, 235 Ga.App. 306,309, 508 S.E.2d 726, 730 (1998); American Southern Ins. Co. v. Abbensett, 232 Ga.App. 16, 501 S.E.2d 53 (1998); Home Ins. Co. v. Sunrise Carpet Industries, Inc., 229 Ga.App. 268, 271, 493 S.E.2d 641, 644 (1997); Tifton Machine Works v. Colony Ins. Co., 224 Ga.App. 19, 20, 480 S.E.2d 37 (1996); Cincinnati Ins. Co. v. Davis, 153 Ga.App. 291, 265 S.E.2d 102 (1980); Richards v. Hanover Ins. Co., 250 Ga. 613, 615, 299 S.E.2d 561 (1983).
Where a term of a policy of insurance is susceptible to two or more constructions, even when such multiple constructions are all logical and reasonable, such term is ambiguous and will be strictly construed against the insurer as the drafter and in favor of the insured. O.C.G.A. § 13-2-2(5); Ga. Farm &c. Ins. Co. v. Huncke, supra at 580, 524 S.E.2d 302; Peachtree Cas. Ins. Co. v. Kim, 236 Ga.App. 689, 690, 512 S.E.2d 46 (1999).
Exceptions and exclusions to coverage must be narrowly and strictly construed against the insurer and liberally construed in accordance with the reasonable expectations of the insured to afford coverage. Duncan v. Integon General Ins. Corp., 267 Ga. 646, 482 S.E.2d 325 (1997);Nationwide Mut. Fire Ins. Co. v. Erwin, 240 Ga.App. 816, 817, 525 S.E.2d 393 (1999).

The Shigley Law Firm represents plaintiffs in wrongful death and catastrophic injury cases statewide in Georgia, and in other states subject to the multijurisdictional practice and pro hac vice rules in each state. Ken Shigley was designated as a “SuperLawyer” in Atlanta Magazine and one of the “Legal Elite” in Georgia Trend Magazine. He is a Certified Civil Trial Advocate of the National Board of Trial Advocacy, Chair of the Southeastern Motor Carrier Liability Institute and former chair of the Georgia Insurance Law Institute. He particularly focuses on cases arising from truck wrecks and accidents (tractor trailers truck wrecks, semi truck wrecks,18 wheeler truck wrecks, big rig truck wrecks, log truck wrecks, dump truck wrecks).