exemption of liability clauses in
insurance contracts are to be construed contra proferentem, in favour
of the insured in case of ambiguity vide Sushilaben Indravadan ... insurance policy.
The second principle is expressed in the contra proferentem rule.
Uberrimae Fidei
30. It is observed that insurance contracts are special contracts
based
Sushilaben Indravadan Gandhi vs The New India Assurance Company Limited on 15 April, 2020
Equivalent
benefit of the rule of verba chartarum fortius
accipiuntur contra proferentem (hereinafter, “contra proferentem”). Hence the
present appeal.
3
Id., Chapter 9 Definitions – Clause ... interpreted in more than one way,
the well-recognized rule of contra proferentem must be made available to the
appellant, i.e., it must
policy of insurance could be interpreted in
light of the contra proferentem rule as against the insurer. In order
to seek specific information from ... this context, it is necessary to place reliance on the contra
proferentem rule. This Court in the case of Manmohan Nanda,
discussed the rule
24264/2018
are to be construed in the case of ambiguity contra proferentem against the
insurer so long as the requirement of uberrima fides ... assured and the contract is likely to be
construed contra proferentem that is against the company
in case of ambiguity or doubt.”
38. This judgment
that contracts are to be construed in the
case of ambiguity contra proferentem against the insurer so long as the
requirement of uberrima fides ... assured and the contract is likely to be
construed contra proferentem that is against the company
in case of ambiguity or doubt.”
38. This judgment
considering the law on the subject,
further placed reliance on the contra proferentem rule and held as follows:-
''53.In this context ... necessary to place reliance on the contra
proferentem rule. This Court in Manmohan Nanda [Manmohan Nanda
v. United India Assurance
states
that even if there is an ambiguity, the principle of contra proferentem would
be applicable and the benefit of the claim would ... stated by the learned Counsel for the Petitioner, the
principle of contra proferentem would be attracted in this case because there
is an ambiguity
insurance policy. The second principle is expressed in
the "contra proferentem" rule. The Hon'ble Supreme Court of India in
case reported ... policy of insurance could be
interpreted in light of the contra proferentem
rule as against the insurer. In order to seek specific
information from
well settled that in insurance contracts
the Rule of Contra Proferentem applies- as per which if any
condition/provision is vague or capable ... favour of the insured is to be accepted as held. The
Contra Proferentem Rule has an ancient genesis. When words are
to be construed, resulting
