Application of Rule of Ejusdem Generis Rule in Insurance Claims

The ejusdem generis rule states that the meaning of any general term depends upon the specific words that go before it. The ejusdem generis rule is a construction principle based on context. It provides that general words that follow particular words refer to things of the same kind' (‘ejusdem generis’) as the particular words.

- Prof (Dr) Abhijit K. Chattora

The ejusdem generis rule states that the meaning of any general term depends upon the specific words that go before it. The ejusdem generis rule is a construction principle based on context. It provides that general words that follow particular words refer to things of the same kind' ('ejusdem generis') as the particular words. For example, the policy covers loss to cars, trucks, tractors, and other motor-powered vehicles, all land-based vehicles. Naturally, it would not cover loss by boat, steamer, ship, helicopter or aeroplane as they are wateror air-based vehicles. Another rule of context is 'expressio unius est exclusio alterius' (‘making sure one thing implies the exclusion of other things' - those which are not specified). So, where explicit words are used that are not followed by any general words, the provision in question applies only to the things specified.

The case between National Insurance Company Ltd. vs The Chief Electoral Officer on 8 February 2023 (Supreme Court of India) discusses the concept of Ejusdem Generis.

National Insurance Co. Ltd and the Chief Electoral Officer, Bihar, Patna, entered into a Memorandum of Understanding on 09.02.2000 to provide insurance protection through Group Personal Accident Policy to the persons deployed for election-related work for Bihar Legislative Assembly Elections in the year 2000.

The policy issued covered the payment of compensation in the event of death only resulting solely and directly from an accident caused by external, violent and any other visible means. The policy covered only the premium-paying employees appointed for election-related activities. The policy period was between 24.05.2000 and 23.05.2000 but extended up to 23.06.2000.