Galvin v. Occidental Life Insurance Co. of California

Dissenting Opinion by

Hoffman, J.:

I am not convinced that the parties so clearly expressed their intention to include accidental death claims under the heading of disability insurance, thereby enlarging the definition of the word disability. In my opinion, an insurance contract which contains such an ambiguity should be construed most strongly against the company which drafted it.

Jacobs, J., joins in this dissenting opinion.