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    <title>2022 (4) TMI 1219 - Supreme Court</title>
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    <description>An ambiguous insurance clause in a commercial cover must be read as a whole and in light of its commercial purpose, and any remaining ambiguity is construed against the insurer under contra proferentem. External DGFT guidelines could not be used to defeat the insured&#039;s reasonable construction of the policy where the cover was directed at non-payment risk rather than in-transit risk, and the relevant documents did not make initial loading decisive. The claim therefore could not be rejected on the basis of the date of despatch or shipment, and the insured was entitled to the contractual benefit with consequential relief.</description>
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    <pubDate>Mon, 25 Apr 2022 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=421553</link>
      <description>An ambiguous insurance clause in a commercial cover must be read as a whole and in light of its commercial purpose, and any remaining ambiguity is construed against the insurer under contra proferentem. External DGFT guidelines could not be used to defeat the insured&#039;s reasonable construction of the policy where the cover was directed at non-payment risk rather than in-transit risk, and the relevant documents did not make initial loading decisive. The claim therefore could not be rejected on the basis of the date of despatch or shipment, and the insured was entitled to the contractual benefit with consequential relief.</description>
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