Without prejudice

Phrase used during the negotiations of third party claims settlements indicating that liability is not admitted. Statements and offers made ‘without prejudice’ cannot subsequently be used in evidence at court proceedings.
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(i) An ex-gratia settlement made by an underwriter on condition that such action shall not be used as a basis for settling a similar loss in the future. (ii) In all correspondence with the insured relating to a claim, the Insurers incorporates the words “without prejudice” on the top. The effect of these words is that whatever action the Insurers may take in the processing of the claim, they reserve their right to deny liability ultimately if they are legally entitled to do so.