In Brief
The Supreme Court set aside the NCDRC's dismissal of an exporter's insurance claim. ECGC had rejected the claim because goods were loaded on 13 December 2012—one day before the policy's effective date of 14 December 2012—using the date on the onboard Bill of Lading. The Court held that 'despatch/shipment' in the policy was ambiguous and should be interpreted as the date on the formal Bill of Lading (19 December 2012), not the commencement date. The rule of contra proferentem (interpreting ambiguity against the drafter) applies. Third-party DGFT Guidelines cannot override contractual terms. The claim was allowed with Rs. 2.45 crores plus 9% interest.",
The lawyer headnote and full judgment text are available to registered users.