Healy Tibbitts Constr. v. Employers' Surplus Lines

1 Citing brief

  1. Knutson v. Sirius XM Radio Inc.

    RESPONSE in Opposition re MOTION to Compel Arbitration

    Filed May 9, 2012

    Similarly, Sirius’ Customer Agreement, which Sirius itself drafted, is clearly a contact of adhesion given that the only option provided to the other contracting party is to accept or reject it in its entirety. In cases involving uncertainty Case 3:12-cv-00418-AJB-NLS Document 11 Filed 05/09/12 Page 18 of 31 PLAINTIFF’S OPPOSITION TO DEFENDANT’S MOTION TO COMPEL ARBITRATION 12cv-418-AJB-NLS PAGE 13 OF 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 K a z e r o u n i L a w G r o u p , A P C 2 7 0 0 N . M a i n S t r e e t , S t e . 1 0 0 0 S a n t a A n a , C A 9 2 7 0 5 regarding the terms of a contract, the language of the contract should be interpreted most strongly against the party who caused the uncertainty to exist. Healy Tibbits Constr. Co. v. Employers’ Surplus Lines Ins. Co., 72 Cal.App.3d 741, 749 (1977). The court in Healy Tibbits Constr. Co., in discussing ambiguous terms in an insurance contract, stated that, “It is, of course, axiomatic that where the language of the insurance policy is ambiguous or susceptible of two different constructions, it will be strictly construed against the insurer and that construction adopted which is most favorable to the insured.” Id. at 751.