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TMI BlogRule of contra proferentemX X X X Extracts X X X X X X X X Extracts X X X X ..... lsbury's Laws of England: 5th Edn., vol. 60, para 105. Contra proferentem rule.-Where there is ambiguity in the policy the court will apply the contra proferentem rule. Where a policy is produced by the insurers, it is their business to see that precision and clarity are attained and, if they fail to do so, the ambiguity will be resolved by adopting the construction favourable to the insured. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rance policies, called contract d adhesion or boilerplate contracts, in which the insured has little to no countervailing bargaining power. This consideration is highlighted in the facts of this case, since the risks that ECGC is mandated to cover is its business, and other insurers rarely foray into the field. [HARIS MARINE PRODUCTS- 2022 (4) TMI 1219 - SUPREME COURT] The Common Law Rule of const ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... omitted) Colinvaux's Law of Insurance propounds the contra proferentem Rule as under: Quite apart from contradictory clauses in policies, ambiguities are common in them and it is often very uncertain what the parties to them mean. In such cases the Rule is that the policy, being drafted in language chosen by the insurers, must be taken most strongly against them. It is construed contra profere ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ere is no room for the application of the doctrine. So also where if one meaning is given to a clause, the rest of the policy becomes clear, the policy should be construed accordingly. [INDUSTRIAL PROMOTION INVESTMENT CORPORATION OF ORISSA LTD.- 2016 (8) TMI 1469 - SUPREME COURT] - Manuals - Ready reckoner - Law and practice - Reference Guide - Quick Commentary Tax Management India - taxmanagem ..... X X X X Extracts X X X X X X X X Extracts X X X X
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