A standardized agreement, drafted by one party (the insurer), is offered to another (the insured) on a “take it or leave it” basis. The insured has little to no ability to negotiate the terms. The insurance policy itself often serves as an instance of this type of contract. A prospective policyholder cannot typically alter the pre-printed clauses or coverage provisions. They must either accept the contract as presented or reject it entirely.
This contractual framework highlights the inherent power imbalance between the insurer and the insured. Due to this disparity, courts often interpret ambiguities in favor of the insured. This principle, known as contra proferentem, seeks to protect the weaker party from potentially unfair or overly restrictive provisions. The historical context involves the rise of standardized business practices in the 20th century, where mass-produced contracts became commonplace to streamline transactions. This efficiency comes with the caveat that individual needs may not be fully addressed, necessitating judicial oversight.
