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 Rule of Contract Interpretation-Ambiguity
(Nava v. Mercury Casualty Co)

Rule of Contract Interpretation-Ambiguity
(Nava v. Mercury Casualty Co)
 

scope of review

            “ ‘While insurance contracts have special features, they are still contracts to which the ordinary rules of contractual interpretation apply.’  [Citations.]  ‘The fundamental goal of contractual interpretation is to give effect to the mutual intention of the parties.’  [Citation.]  ‘Such intent is to be inferred, if possible, solely from the written provisions of the contract.’  [Citation.]  ‘If contractual language is clear and explicit, it governs.’  [Citation.]”  (Foster-Gardner, Inc. v. National Union Fire Ins. Co. (1998) 18 Cal.4th 857, 868.)

Ambiguity exists when an insurance policy provision “ ‘is capable of two or more constructions, both of which are reasonable.’  [Citations.]  The fact that a term is not defined in the policies does not make it ambiguous.  [Citations.]  Nor does ‘[d]isagreement concerning the meaning of a phrase,’ or ‘ “the fact that a word or phrase isolated from its context is susceptible of more than one meaning.” ’  [Citation.]  ‘ “[L]anguage in a contract must be construed in the context of that instrument as a whole, and in the circumstances of that case, and cannot be found to be ambiguous in the abstract.” ’  [Citation.]  ‘If an asserted ambiguity is not eliminated by the language and context of the policy, courts then invoke the principle that ambiguities are generally construed against the party who caused the uncertainty to exist (i.e., the insurer) in order to protect the insured’s reasonable expectation of coverage.’  [Citation.]”  (Foster-Gardner, Inc. v. National Union Fire Ins. Co., supra, 18 Cal.4th at p. 868.)

When a trial court’s interpretation of a written agreement is appealed and no conflicting extrinsic evidence was admitted, the interpretation of the contract is a question of law which we review de novo.  (WYDA Associates v. Merner (1996) 42 Cal.App.4th 1702, 1710; Winet v. Price (1992) 4 Cal.App.4th 1159, 1165-1166.)

Nava v. Mercury Casualty Co.May 14 2004H026223 4/20/04 CA6

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