Any ambiguity in the wording of a contract will be construed against the person who drew up the wording, i.e. in insurance against the insurer. The rule will only be applied where there is real ambiguity.
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In any unilateral contract, such as an insurance policy, any ambiguity in the language of the contract is strictly interpreted against the party that wrote the contractin this case, the insurance company. This is known as the contra proferentem rule and it involves a three-step process.First, the court examines the language in the policy to determine whether or not it is clear and unambiguous. Second, if the court decides the language is ambiguous, evidence is admitted in an attempt to determine the true meaning of the language. This can include, for example, testimony of the parties to the contract about their original intent. If the additional evidence does not clarify the policy’s language, then the contra proferentem rule is applied and the ambiguous language is interpreted in favor of the party bringing suit against the insurance company. (See Unilateral Contract).
Tag: UK
Contraband of war
Goods that a belligerent may lawfully seize on the way to his enemy’s territory. When used in a marine insurance policy the term applies only to goods or merchandise. It does not extend to persons (officers of a belligerent power) even though their presence on ship may increase the risk of an attack. If a policy is warranted ‘no contraband’ the policy may be avoided if any part of the goods carried is contraband.
Contract cover
A commercial legal expenses insurance providing for the legal costs and expenses incurred in pursuing or defending contract disputes. Cover may be confined to disputes with customers or suppliers or give full contract cover. Policies are subject to a waiting period of 90 days.
Contract loss of profits
Covers airlines against the estimated loss of profit following their inability to complete a specific project due to force majeure, war, repudiation or aircraft failure.
Contract of Affreightment
Contract evidencing the terms of carriage between a shipper and carrier normally expressed in the bill of lading or waybill.
Contract price clause
Clause whereby if damage to undelivered goods leads to cancellation of the contract, the insurer will settle on the contract price rather than production costs. The profit element, otherwise irretrievably lost, becomes a part of the indemnity.
Contract price repairs
Motor claims situation where the insurer agrees to pay the repairer a guaranteed fixed price. Protects insurers against the risk of incurring any higher costs that come to light during the repair process, particularly as higher costs may make the whole repair package uneconomic.
Contract works insurance on machinery installation contracts
See: MACHINERY MOVEMENT ERECTION INSURANCE.
Contract works/contractors’ all risks insurance (annual or single project)
Covers temporary and permanent works executed in the performance of contracts, and materials for incorporation therein, plus own and hired plant, and tools and equipment while on sites or in transit. Cover is arranged for house extensions through to multi-storey office blocks. Premiums are based on annual turnover with a maximum value of any one contract. Various extensions are available (e.g. continuing hire charges following plant damage). Key exclusions relate to existing structures and defective design. Cover may have to accord with standard term contracts (e.g. Joint Contract Tribunal).
Contracted in money purchase scheme (CIMPS)
An approved defined pension scheme whose members remain in the state second pension. Employers must contribute to the approved scheme. Employee contributions are subject to both the contributions limit of 15 per cent of earnings in any tax year and the earnings cap. The maximum allowable pension is two-thirds of final pensionable salary. The maximum lump sum at retirement is 2.25 times the pension income or, if greater, 3/80ths for each year of service times final remuneration capped at 1.5 times final remuneration. CIMPS is covered by Opra.