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Expert Analysis

10th Circ. Should Stick To The Text, Not Public Policy

Law360, New York (July 1, 2014, 11:39 AM EDT) -- The Tenth Circuit's recent decision in Glacier Construction Company v. Travelers Property & Casualty Company of America, muddied what otherwise should have been a simple case of applying unambiguous policy language to a claim by asserting that its interpretation of the policy would encourage better behavior by the contracting parties. The court relied on its own conception of public policy to reach what it perceived to be a desirable result, but in doing so may have inadvertently created a broader holding than intended.[1]...

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