Quickly dashed off e-mail sent from hand-held devices whilst we are listening to voices on speaker phones in “other matters” seem par for the multitasking that efficiency gurus mandate in our business lives. Sometimes, when one reads what one wrote a year ago, one gets the queasy feeling that it did not convey exactly what one had intended. The operative word here is “exactly” as, most times, linguistic imprecision does not lead to business disaster. Other times, doom comes knocking.

In the insurance world, words are important. There is a tension in our industry between using too many words and using too few to convey meaning or record agreements. So-called standard forms are said by some to be the easiest way to avoid misunderstandings. Even with the use of those instruments, there are times when the agreement between insurer and broker (representing the insured) is not fully or accurately conveyed.

Certainly, if no loss or claim comes about, the imprecision (OK, the goof) is never seen and it sleeps in the darkness of the closed file. What if a loss occurs, however, and it fits all too beautifully into the area of agreement not expressed? In the clear light of after-the-fact reviews, the question sometimes is asked of the coverage lawyer, “Since I didn't mean that, can we fix it now?” The answer is, “Maybe.”

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