Role of intention and punctuation when interpreting insurance guarantees
In January 2024 the High Court held that an insurer’s guarantee that ambiguously contained two incompatible expiry dates, namely the date of issue of the final completion certificate under the construction contract and the date on which the contractor had to pay under the consequent final payment certificate, should be interpreted in a businesslike fashion against the insurer. The insurance guarantee had not expired because the payment had not yet been made under the final payment certificate when performance was demanded from the insurer.