I am the first to admit that I am biased when it comes to insurance policies. As an attorney representing only policyholders, it is clear that your insurance company has no interest (or incentive) to write an insurance policy that you can actually understand. If I had a dime for every time I've read an insurance provision to a client only to be met with a blank stare, well I'd have as much money as ... an insurance company. I do not expect this will change any time soon, so what is the average insurance customer to do?

For starters, you can move to Wisconsin. The Wisconsin legislature has tried to even the playing field by imposing restrictions on "consumer insurance policies." This applies to life, disability, property or casualty policies; basically, any policy an average consumer might purchase. Under Wisconsin statute 631.22, an insurance policy can only be delivered to a consumer if it is "coherent, written in commonly understood language, legible, appropriately divided and captioned by its various sections and presented in a meaningful sequence."

So what if you don't want to move to Wisconsin? Unfortunately, neither Washington nor Oregon has a statute similar to Wisconsin's statute. Both Washington and Oregon technically have statutes that address the readability of an insurance policy. Under RCW 48.18.110, the Insurance Commissioner can disapprove of any form of policy if it contains or incorporates any "inconsistent, ambiguous or misleading clauses, or exceptions and conditions which unreasonably or deceptively affect the risk purported to be assumed in the general coverage of the contract." Oregon's analog is ORS 742.005. According to this provision, the Director of the Department of Consumer and Business Services shall disapprove any coverage form if it contains provisions which are "unintelligible, uncertain, ambiguous or abstruse, or likely to mislead a person to whom the policy is offered, delivered or issued."[1] 

Despite the statutes on the books, policies in Oregon and Washington continue to be written in a manner that is difficult or impossible for an average consumer to understand. That doesn't leave the average consumer with many options. One option is to consult with an experienced attorney who speaks "insurance." Having represented policyholders for over 12 years, I have yet to read an insurance policy written in "plain English." Fortunately, an experienced coverage attorney can act as a translator to help you understand your rights and responsibilities.

If you have suffered from an injury, are experiencing property damage to your home, or have another type of loss and you are wondering if your insurance might apply, feel free to give me a call. I can't promise that your insurance will apply, but I can at least guarantee that I will deliver the news in plain English.

[1] Leave it to a legislature to draft a statute requiring that policies be written in clear English, while at the same time using the word "abstruse." Yes, I did have to go look that up in the dictionary.