Saturday, September 27, 2025

Interpretation in Insurance Claims : Supreme Court Lays down the Law

Interpretation in Insurance Claims : Supreme Court Lays down the Law

It has been held in Haris Marine Products v. ECGC Ltd [2022] GCtR 1994 (SC) that "the rule of contra proferentem protects the insured from the vagaries of an unfavourable interpretation of an ambiguous term to which it did not agree. It is entrenched in our jurisprudence that an ambiguous term in an insurance contract is to be construed harmoniously by reading the contract in its entirety. If after that, no clarity emerges, then the term must be interpreted in favour of the insured, i.e., against the drafter of the policy."

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