Courts Leaves Bad Drafting Out In Cold.

Mondaq Business BriefingNbr. 2003, May 2003

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Summary


Insurance cases precipitated by badly drawn up policies

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Courts Leaves Bad Drafting Out In Cold.

Article by Sheila Simison and Denis Whelan

A great deal of insurance and reinsurance litigation owes its origins to badly drafted contract wordings.

In the recent case of J.R. Charman -v- New Cap Re and others [2002] EWHC (Comm), Mr Justice Morison added his voice to what is now a long line of judicial criticism. He described the clause he was asked to construe as "hopelessly, badly draf...

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