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CR324 Interpretation – ambiguity – application of the contra proferentem rule

CR324 Interpretation Interpretation – ambiguity – application of the contra proferentem rule. A Hospital Cash Back Plan provided the life insured with cover for the event of his hospitalisation. He became hospitalised for five days, and the issue that arose was the number of days for which the benefit was payable in terms of the […]

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CR267 Interpretation – ambiguity in policy terms – interpreted contra proferentem

CR267 Interpretation – ambiguity in policy terms – interpreted contra proferentem. BACKGROUND In a funeral policy the complainant was covered for the event of the death inter alia of his parent. On the death of his parent the insurer repudiated liability on the grounds that it had occurred within the nine month waiting period provided […]

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CR98 Ambiguity in a policy wording

CR98 Ambiguity in a policy wording Background The policy in question was a retirement annuity. The issue was that nowhere on the schedule of rates did it state the frequency of annuity payments. The rates quoted were intended to be annual, but the complainant chose to assume that they were monthly. A qualifying statement under […]

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