Legal Writing

Starting Strong & Lasting Long — Vol. 2

California Supreme Court To Decide Interplay Between Severability-of-Interests Clause And Intentional Acts Exclusion

by Patrick McKinney

Can an insurance company deny coverage to a homeowner who did nothing intentional because another insured under the policy committed a crime or intentional tort?

The first line of this article suffers from a problem that plagues us all — the misplaced modifier.

In this case, the modifier is because another insured . . . .

No doubt, the author didn’t intend it to modify a homeowner.

I’m sure the author meant this:

Can an insurance company deny coverage to a homeowner because another insured committed a crime or intentional tort?

By inserting another phrase (i.e., who did nothing intentional) between the modifier and what it’s meant to modify, it seems as if the author is asking about coverage for a homeowner who did nothing intentional because another insured committed a crime.

That’s how we first read it, and that’s because of its syntax.

Now . . . it takes a reader just an instant to realize what modifies what, but — sometimes — that’s all it takes to turn a very potential client into a very tough sell.

More about that tomorrow . . . .

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* This is one in a series of posts on how to gain and maintain a reader’s attention. In other words, how to get a return on your investment in SEO.

Full post as published by Set in Style on August 10, 2010 (boomark / email).