A Critique of the Reasonable Expectations Doctrine

Traditionally, courts interpreting written contracts focused primarily on the contract's language. Consideration of factors beyond the "four corners" of the document was discouraged. Modern courts construing standard form insurance contracts have deviated from this course and begun aiding the insured against the insurer. One of the methods used to tilt insurance disputes in favor of the insured is the "reasonable expectations doctrine," described by Professor (now Judge) Robert Keeton in this "classic" formulation:'