Page 27 - The Insurance Times May 2025
P. 27

Insurance Demystified






          The importance of



          context- the



          implication of


          Noscitur a sociis Rule                                                  Prof (Dr) Abhijit K. Chattoraj
                                                                                     Chartered Insurer - Professor of
                                                                                  Insurance &Risk Management and
                                                                                       Director - MDP & Consulting;
                                                                                             IMS Unison University.



           Context becomes very important when decoding a word used in a policy. In other words, the
           meaning of a word depends always on its context. When the meaning of the word used in a policy
           is uncertain or nebulous, the court first considers the immediate context of a word. It considers
           the broader context of the paragraph, section, or policy as a whole if needed.

         C        ontext becomes very important when decoding a  company  (Sun Alliance  &  London  Insurance)  under  a

                  word used in a policy. In other words, the meaning
                                                              household policy seeking protection against damage or
                  of a word depends always on its context. When
                                                              destruction from storm, tempest or flood and escape of
                  the meaning  of the  word  used in  a  policy  is
                                                              heating installation. In 1973, water entered the downstairs
         uncertain  or  nebulous,  the  court  first  considers  the  water from or frost damage to any water, drainage or
         immediate context of a word. It considers the broader  lavatory and rose to a depth of 3 inches. Young preferred a
         context of the paragraph, section, or policy as a whole if  claim from his insurers for a loss of pound 468 for the cost
         needed. Noscitu, a sociis, interprets a word in the light of  of work and pound 294 for the cost of redecoration caused
         other words. Simply put, the rule' Noscitur a sociis' maintains  to his house no-1 Grange Road, Elstree Herts by Flood - a
         that a word is explained by the company it keeps. The Latin  peril covered in the policy.
         words "Noscitur"  means  "is known" and "Sociis" means  "by
         its associates," Noscitur a Sociis is a principle that explains  The court rejected the claim, holding that the policy
         that a particular word or phrase in a statute is based on its  intended to cover three types of natural phenomena, which
         context and association with other words or phrases in the  were related not only by the fact they were natural but
         same provision or statute.                           also by unusual manifestations of those phenomena in that
                                                              they were accompanied by violence. Mere seepage of
         Interpretation of perils- Flood, inunda-             water from a natural source cannot be considered a flood.
                                                              It has to be an abnormal occurrence, such as a significant
         tion, storm, tempest in the light of the             irruption of water. The three  natural  phenomena are
         above observation                                    related as they  are natural but also connote unusual

         In Young v. Sun Alliance & London Insurance (1977)- The  manifestations.
         plaintiff's house ( Montague Young) was built on a meadow
         land. The plaintiff insured it with the defendant's insurance  Storm means rain accompanied by a strong wind; tempest

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