Insurance – Insurer must show that the case falls within the exclusionary clause – Survey report – insurer must provide cogent and satisfactory reasons or grounds for not accepting the surveyors report – Ambiguity – Benefit to insured. [ PLRonline 477670]

• In insurance, the insurer must show that the case falls within the exclusionary clause of the policy.
• If there is ambiguity, the contract of insurance must be interpreted in favor of the insured.
• The insurer failed to prove that the incident and the resulting damage to the insured property was caused by the malicious act of the insured.
• Whenever an EXCLUSIONARY CLAUSE is included in a policy, it is the responsibility of the insurer to prove that the case falls within the scope of the clause.
• The surveyor report stated that the loss occurred due to the insured peril and the claim was admissible.
• The insurer must provide cogent and satisfactory reasons or grounds for not accepting the SURVEYOR'S REPORT.
• (2023-3)211 PLR 068 (SC)
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