Reasons for holding the insurers to the terms of their agreement include the rule that the terms of a contract should be construed strictly against the party drafting the agreement, and that policy language should be construed liberally in favor of the insured, and strictly against the insurer so as to effect the dominant purpose of payment. Ellsworth v. Insurance Company of North America, 508 So.2d 395, 399-400 (Fla. 1st DCA 1987); Cavalier Insurance Corp. v. Myles, 347 So.2d 1060, 1062 (Fla. 1st DCA 1977); Davis v. U.S. Fidelity Guaranty Co. of Baltimore, Md., 172 So.2d 485, 486-87 (Fla. 1st DCA 1965); Webster v. Valiant Insurance Co., 512 So.2d 971 (Fla. 5th DCA 1987); Dorfman v. Aetna Life Insurance Co., 342 So.2d 91, 93 (Fla. 3d DCA 1977); 31 Fla. Jur.2d, Insurance ยง 743 (1981). An additional reason for holding the insurer to the terms of its contract with its insured is that the policyholder pays an additional premium for such coverage, and the carrier pays only if the tortfeasor would have to pay.
There is much to commend this position. It does not expose the insurer to any greater liability than that already contemplated by its policies since the Class I insured has paid for the privilege of stacking as part of his premium; it does not allow the Class II insureds to stack the named insured's policies; it does not preclude the insurer from settling with any claimant at any time it chooses; and it provides the maximum claim for indemnity for all claims under the policy. Cavalier Ins. Corp. v. Myles, 347 So.2d 1060, 1061 (Fla. 1st DCA 1977). In short, it conforms to the contractual undertaking, provides maximum coverage to all insureds, reduces the opportunities for questionable settlement techniques, and, above all, it reaches a more equitable result.
PER CURIAM. Affirmed. See: Travelers Indemnity Company v. Kassner, 322 So.2d 80 (Fla. 3d DCA 1975); Dorfman v. Aetna Life Insurance Company, 342 So.2d 91 (Fla. 3d DCA 1977); Cavalier Insurance Corporation v. Myles, 347 So.2d 1060 (Fla. 1st DCA 1977); Section 627.419(2), Florida Statutes (1977).
Rather the entire contract must be construed according to its terms and conditions and, if an ambiguity is found, the general principle is of course that such ambiguity must be construed against the party who drew the contract or chose the language used. 18 Fla.Jur., Insurance, ยง 407 (1971). Finally, where the terms of an insurance policy are susceptible to two interpretations, that interpretation which sustains the claim for indemnity, or which allows the greater indemnity will be adopted. Inter-Ocean Casualty Co. v. Hunt, 138 Fla. 167, 189 So. 240 (1939); Dorfman v. Aetna Life Ins. Co., 342 So.2d 91 (Fla. 3d DCA 1977); Cavalier Ins. Corp. v. Myles, 347 So.2d 1060 (Fla. 1st DCA 1977). We conclude, after examining the Evidence of Insurability clause, that it is susceptible to two different interpretations: First, that coverage automatically occurs if the insured survives 31 days after the certificate was received by the company, but, if the insured dies in less than the 31 days, and since the insurer, acting on its regular underwriting methods, would not have accepted insurance on the life of Mr. Ellenwood, no coverage ever accrued.