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Policy? What Policy?

When we insure our property, we conclude a contract of insurance with the insurance company.

The terms of the contract will generally be expressed as a “policy”, a particular name for an insurance contract. Sometimes it is not. There may be no actual policy. There may be a “cover note”. This may or may not refer to standard terms. If it does it is a matter of interpretation whether those “standard terms” form part of the contract.

This can cause difficulty for the insured person, but more often than not, it causes profound difficulties for the insurance company.

In Manor Park Homebuilders v AIG Europe (Ireland) Ltd. [2008] IEHC 174, the court heard evidence that the contract of insurance consisted of one word in an email.

This is good news for lawyers, deo gratias.