The traditional common law approach to breach of an insurance contract term had of the contra proferentem principle is not often seen in insurance cases, 

30 Sep 2016 The contra proferentem rule – the rule of interpretation that says the the document – is long-standing in contract law and insurance law. extend beyond the contra proferentem doctrine that ambiguities must 4) Enforcement of the insurance contract in favor of the insured's expectations due  were incorporated into the contract of insurance between Bertram Further, the Claimant prays in aid of the 'contra proferentem rule' which in essence states  Access 83 references, 15 contract clauses, and a commentary. of that term, an interpretation against that party is to be preferred ("contra proferentem"). Zurich Insurance (Singapore) Pte Ltd v B-Gold Interior Design & Construction Pte Ltd  11 Jan 2018 In order to justify their resort to a contra proferentem construction, courts This approach was rejected in cases following the Unfair Contract Terms adjusted their remuneration or insurance arrangements on the basis of that 

proferentem has been used in contract interpretation, law relating to evidence, and Insurance contracts also, in particular, do not adhere to the rule of Contra.

The traditional common law approach to breach of an insurance contract term had of the contra proferentem principle is not often seen in insurance cases,  27 Jun 2017 Court of Appeal declined to apply the contra proferentem rule, emphasising its role when interpreting a commercial contract between parties of  27 Jun 2017 When Mr. N. purchased life insurance in 2000, he explained to his agent that OLHI's Dispute Resolution Officer (DRO) reviewed the contract and spoke with company, pointing to the legal principle of contra proferentem. 30 Sep 2016 The contra proferentem rule – the rule of interpretation that says the the document – is long-standing in contract law and insurance law. extend beyond the contra proferentem doctrine that ambiguities must 4) Enforcement of the insurance contract in favor of the insured's expectations due  were incorporated into the contract of insurance between Bertram Further, the Claimant prays in aid of the 'contra proferentem rule' which in essence states  Access 83 references, 15 contract clauses, and a commentary. of that term, an interpretation against that party is to be preferred ("contra proferentem"). Zurich Insurance (Singapore) Pte Ltd v B-Gold Interior Design & Construction Pte Ltd 

11 Jan 2018 In order to justify their resort to a contra proferentem construction, courts This approach was rejected in cases following the Unfair Contract Terms adjusted their remuneration or insurance arrangements on the basis of that 

2 Aug 2016 ordinary contract law, doing so may reduce policy information by blunting the capacity of contra proferentem to induce insurers to draft policy. 6 Nov 2017 The Commercial Court has held that the contra proferentem the factual matrix and in the context of the contract of insurance as a whole. 13 Feb 2015 2. Whether the doctrine of contra proferentem applies to the interpretation of the insurance coverage provision of the Drilling Contract under the  24 Oct 2017 The contra proferentem rule is generally considered to have He said that the contra proferentem rule now had a very limited role in commercial contracts Cornish v The Accident Insurance Company Limited [1889] 23 QBD  2 Jul 2014 QA3's requested jury instruction on contra proferentem is in relevant part: “If, however, the language in the insurance contract is ambiguous  2 Dec 2013 If contract terms supplied by one party are unclear, an interpretation against that party is preferred. COMMENT. A party may be responsible for  Contra Proferentem Rule — a universally applied rule that ambiguities in an insurance policy will be strictly interpreted against the insurer. Application of this rule is a three-step process: (1) The court examines the policy language to determine whether it is ambiguous.

2 Jul 2014 QA3's requested jury instruction on contra proferentem is in relevant part: “If, however, the language in the insurance contract is ambiguous 

5 Jul 2019 The contra proferentem rule is a legal doctrine in contract law which Insurees must usually agree to all terms of an insurance contract in order  doctrine of contra proferentem, often used as a contra insurer rule, under which insurance contracts, if ambiguous in the abstract, are construed against the 

contract. Many courts begin interpretation with a question of law: whether the contractual insurance-specific version of the contra proferentem doctrine, and.

The doctrine of contra proferentem shifts the risk of ambiguity to the party that drafted the contract. The doctrine is frequently applied against insurers where the policy at issue was provided by What is use of contra proferentem rule in interpretation of insurance contract? We proceed to deal with the submission made by counsel for the Appellant regarding the rule of contra proferentem. The Common Law rule of construction "verba chartarum fortius accipiuntur contra proferentem" means that ambiguity in the wording of the policy is to be resolved against the party who prepared it. The doctrine of contra proferentem, also referred to as the ambiguity rule or the contra-insurer doctrine, is perhaps the best known rule of insurance policy construction.1 It holds that ambiguities in insurance policy language are to be construed stricdy against the insurer.2 In the context of other In contracts where the parties have unequal bargaining power (for example, consumer contracts, residential leases, insurance contracts) the contra proferentem rule may still bite. In ordinary non-insurance contract litigation, the contra proferentem doctrine is often used as a last resort to resolve ambiguous contract language or, as one commentator put it, “a late-inning tiebreaker, one used when the more probative and obvious methods have failed.” 2 But Contra Proferentem is a Latin term which means “against the offeror.” It refers to a standard in contract law which states that if a clause in a contract appears to be ambiguous, it should be interpreted against the interests of the person who insisted that the clause be included. The contra proferentem rule broadly states that where there is doubt about the meaning of a contract, the words will be construed against the party who put them forward. This is because a party who imposes terms on another must make those terms clear and should suffer the consequences if it fails to do so.

3 Apr 2015 The doctrine of contra proferentem operates to protect one party to a contract from ambiguous or confusing drafting by the other party, by  However, where the contract in question is an insurance policy, in Ohio and elsewhere, the rule of contra proferentem often trumps the parties' in tent.5 Ironically  22 Jul 2016 Insurance Law360 July 21, 2016. Despite best efforts, ambiguities are inevitable in contracts. The doctrine of contra proferentem shifts the risk  21 Jul 2016 However, the doctrine is a basic principle of contract law and not merely limited to the world of insurance. Application of the doctrine against