Express commencement time in insurance policy governs risk inception, displacing the previous-midnight rule where specifically agreed.

Where an insurance policy and cover note expressly fixed coverage to begin at 0:00 hours on 29.5.1996, that stipulation operated as a special contract governing commencement of risk. The previous-midnight rule applied only in the absence of a contrary term fixing the effective time. Because the High Court did not properly examine the legal effect of the express commencement clause, its finding on liability could not stand. The matter was set aside and remitted for reconsideration in light of the policy's stated inception time.

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Issues: Whether the insurance policy was operative from the date of issuance or from the specific commencement date mentioned in the cover note and policy, and whether the High Court had ignored the effect of that specific commencement date while fixing liability.

Analysis: The policy and cover note expressly stated that insurance was effective from 0' clock on 29.5.1996, though the document was issued on 28.5.1996. Where a policy specifies the time from which coverage begins, that specification constitutes a special contract and governs the commencement of risk. The previous-midnight rule applies only where no contrary term fixing the effective time exists. Since the High Court did not examine this factual and legal effect, its conclusion on liability could not stand without fresh consideration.

Conclusion: The matter was required to be reconsidered in light of the express commencement date in the policy, and the impugned judgment was set aside.

Ratio Decidendi: When an insurance policy or cover note fixes a specific commencement time, the policy becomes effective from that time as a special contract, and not from the previous midnight.

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