Glass Limitation—Apply to Plastics?

Q

We have a question about whether recovery for a vandalism loss to a plastic skylight in a commercial building would be limited by the glass coverage limitation. Is the fact that glass and plastic are made from different materials enough to avoid the exclusion?

Washington Subscriber

A

Webster's Ninth New Collegiate Dictionary offers two definitions of the word “glass.” The first definition is the technical one involving “fusion of silica…with a flux and a stabilizer into a mass that cools to a rigid condition without crystallization.” That is the breakable material that everyone knows as “glass.”

The second definition says that the word may also mean “a substance resembling glass especially in hardness and transparency (organic glasses made from plastics)…” The second definition is obviously broader than the first, but an insured is entitled to that definition that is most favorable to his position; this means that coverage agreements are given a broad meaning, but exclusions are interpreted narrowly.

Thus, a policy limitation relating to “glass” is subject to the more narrow, technical definition of the term. The drafters of the policy language are the ones who had the chance to broaden this definition (to include plastics) if that was their desire.

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