Page 212 - Fire Insurance Ebook IC 57

Fire and Consequential Loss Insurance

Without prejudice

n Claims correspondence with the insured relating to a claim is
marked "Without Prejudice'.

n The words have the effect of leaving the question of ultimate
liability under the policy open.

n Taking such action, does not mean liability is admitted. Documents
which are marked without prejudice cannot be produced as
evidence in Court without the consent of the party concerned.

Rules of interpretation of policies

The most important rule is :
The intention of the parties to the contract must prevail and the
intention is to be looked for in the policy itself, read as a whole.

The other rules are:

(a) If clauses and endorsements are attached to the policy they will
override the printed matter in the body of the policy;

(b) typewritten matter will override printed matter and
(c) hand-written will override all other matter.
(b) The words used in the policy are to be given their plain, ordinary

and popular meaning. However, technical terms have to be
construed according to their technical definitions.
(c) The ordinary rules of grammar and punctuation will apply.
(d) In case of any ambiguity in the policy benefit of doubt to the
insured. That is to say, the policy is construed in a manner which
is most favourable to the insured.

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