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LLB 3 years Sem 6 Law of Insurance Nov 2011 Question Paper with Solutions

Mumbai University Solved Question Papers

Law of Insurance

Previous Year Question Paper with Solution

LLB 3 years · Sem 6

Nov 2011 Examination

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Mumbai

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First published on munotes.in on 24 October 2026.

Published by munotes.in, Mumbai.

Model answers written and edited by the munotes.in editorial desk.

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The University does not publish an official answer key for this paper. The answers in this volume are model answers, written to show how a full-mark answer is built. They are a study aid, not an authority on what an examiner marked.

The question paper reproduced here is the paper as set by the University of Mumbai at the Nov 2011 examination.

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The Paper as Set

The questions in this volume are the questions asked at the Nov 2011 examination, reproduced as the University of Mumbai set them, in the order it set them. Nothing has been reworded, added or left out. Only the answers are ours. See the original question paper.

Duration 3 hours  ·  Total marks 100  ·  25 questions answered

Instructions printed on the paper

  • N.B: (1) Figures to the right indicate full marks. (2) Answer all questions on separate sheet of the answer paper.

How to use this volume

Solve the paper first, under exam conditions and against the clock. Then read the answers here and mark your own. Reading a solution before attempting the question feels productive and teaches very little, because recognising an answer is not the same as being able to write one.

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1.

Q.1: Write short answers, not more than two sentences

20 Marks - 2 marks each

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(a)What is construction of policy?[2]

Answer

Meaning. Construction of a policy means interpreting its words to find what the parties agreed. A policy is construed like any other written contract. The court reads it as a whole and gives its words their ordinary meaning.

The main rules.

  1. The court does not make a new contract. In General Assurance Society Ltd. v. Chandumull Jain, AIR 1966 SC 1644, the Supreme Court said it is not for the court to make a new contract, however reasonable.
  2. Definitions bind. In United India Insurance Co. Ltd. v. Harchand Rai Chandan Lal, (2004) 8 SCC 644, a burglary policy required forcible and violent entry. Goods taken without force were not covered. The court cannot add or subtract words.
  3. Strict construction. Terms are applied as written, and no exception is made on grounds of equity.
  4. Contra proferentem. A genuinely ambiguous term in a standard form policy is read against the insurer who drafted it.
  5. Exceptions are read narrowly, and the insurer must prove that one applies.
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  1. Special words prevail over printed standard words where they genuinely conflict. The policy is read with the proposal and any endorsements.
  2. Statute prevails. A term that conflicts with a statute, such as the third party rules of the Motor Vehicles Act, 1988, gives way.

Conclusion. Construction of a policy is the reading of its terms to find the parties' intention, strictly but fairly, with genuine doubts resolved against the insurer.

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