This week: Contra proferentem
No – it’s not a Harry Potter spell. This week the Financial Conduct Authority said it would whip out the ‘contra proferentem’ argument on behalf of policyholders in its business interruption test case against insurers.
The argument is also known as ‘interpretation against the draftsman.’
The regulator confirmed it will bring it to the court’s attention while making the point that “defendants’ subjective intentions
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