Initial Policy Analysis Decision Tree
Assumptions:
- No material misrepresentation in policy application;
- Know underlying facts and events giving rise; and
- Have a complete copy of relevant policy/policies.
Policy Coverage Decision Tree
Assumptions:
- Have gone through Initial Policy Analysis Decision Tree;
- No material misrepresentation in policy application;
- Know underlying facts and events giving rise;
- Have a complete copy of relevant policy/policies; and
- Any notices will be given in accordance with the policy (with a copy to the insurance broker).
Basic Interpretation Guide:
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Normal rules of contract interpretation apply with following modifications:
- Duty on insured to prove matter fits within insuring clause – clause interpreted broadly in favour of insured; and
- Duty on insurer to prove exclusion clause applies – clause interpreted narrowly against the insurer.
Notification and Defence Costs Decision Tree
Assumptions:
- Have gone through Initial Policy Analysis and Claim Notification Decision Trees; and
- Any notices will be given in accordance with the policy (with a copy to the insurance broker).
