Construing a policy of insurance
As the policy is a commercial contract, the Court should, in construing it, “ask what a reasonable businessperson would have understood [the relevant] terms to mean”: Electricity Generation Corporation t/as Verve Energy v Woodside Energy Ltd (2014) 251 CLR 640; [2014] HCA 7 (Electricity Generation) at [35]. The task is an objective one; it involves […]
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Interpretation of insurance exclusion clauses
The applicable principles are as follows: There was also no issue about the principles which govern the resolution of what lies in issue as to the proper construction of the endorsement to this insurance policy. Where an insurance company prepares the document, it is bound to make its meaning as clear as possible: Craine v […]
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