| GaAtty
"Express provision" means that the subject is specifically addressed (talked about) in writing, someplace in the insurance policy or law. A life insurance policy will pay on the death of the insured, but the policy may have an "express provision" which states that they will not pay if the person commits suicide within the first two years of the policy. The "express provision" is often an exception to the general rule or policy which is otherwise stated. In contracts such as insurance policies, any ambiguity (unclearness) will be held against the entity which wrote the contract. In the example above, since the insurance company wrote the policy, it would be up to them to write into the policy whatever exceptions there were to payment. They could do this by making an "express provision" stating any exceptions to the rule that they will pay on death. If they did not make an "express provision" stating the suicide exception to payment upon death, then the policyholder could possibly make a successful claim for death by suicide in the first two years.
Last edited by GaAtty; 08-08-2009 at 04:29 AM.
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07-31-2009, 03:45 PM
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