Tag archives: Insurance policies

Interpreting insurance policies and the quality of the drafting (Australian judgment)

By Donald Dinnie on July 13, 2022 Posted in Insurance

The quality of the drafting of a policy may be taken into account when construing its terms: “The policy should be construed as a whole … It should not be approached by isolating particular fragments or disregarding its overall character … This also requires consideration of the style, layout, language and structure of the instrument. … Continue reading

Contra proferentem and standard contracts including insurance policies (Aus)

By Patrick Bracher (ZA) on July 7, 2021 Posted in Insurance

The New South Wales Court of Appeal, considering the wording of a business interruption policy in the context of a Covid-19 claim, dealt with the contra proferentem rule which provides that any ambiguity in a policy of insurance should be resolved by adopting the construction favourable to the insured. The court remarked that the contra … Continue reading