Search Search
Fields marked with an asterisk (*) are required.
Name *
Username *
Password *
Verify password *
Email *
Verify email *

THE PRESBYTERIAN CHURCH OF SOUTHERN AFRICA v SHIELD OF ZIMBABWE INSURANCE LTD 1991 (2) ZLR 261 (H)

1991 (2) ZLR p261

Citation

1991 (2) ZLR 261 (H)

Case No

Details not supplied

Court

High Court, Bulawayo

Judge

Muchechetere J

Heard

25 September 1991

Judgment

8 November 1991

Counsel

D M Campbell for the plaintiff
J B Colegrave for the defendant

Case Type

Trial action

Annotations

Link to case annotations

Flynote

Insurance — meaning of the word "riot" in policy — whether a term of legal art as recognised in English Law — terms of contract only to be accorded the status of a term of legal art where so recognised by the country in which it is contemplated by the parties that the loss will occur.

Insurance — interpretation, of insurance contracts — no special rules of interpretation applicable thereto — ordinary grammatical meaning to apply in the absence of an absurd result — application of the contra proferentem rule.

Insurance — onus — reverse onus clause in insurance contract — what an insurer is liable to prove to bring such a clause into operation in his favour in order to rely on an exception in the policy.

This section of the article is only available for our subscribers. Please click here to subscribe to a subscription plan to view this part of the article.