A personal action dies with the person,’ meaning that, at common law, a right of action in tort ceases on death of the claimant or defendant. Following the Law Reform (Miscellaneous Provisions) Act 1934, causes of action survive death and keep claims alive on both sides. Liability insurers grant an indemnity to a deceased insured’s legal personal representatives.
Insurance Encyclopedia
Action
A lawsuit involving the right of one party to recover from another person in a court of law.
Action Ex Contractu
An action or lawsuit based on breach of a promise made in a legal contract. The promise may be expressed or implied.
Action Ex Delicto
An action in tort involving damages demanded for a breach of a duty.
Action over claim
In workers compensation, a demand by a third party in a subrogation action suing for damages from the employer.
Active
1. In business, producing profit or interest (active funds). 2. In insurance, may refer to a group or individual member or subscriber’s status that is currently in effect.
Active breaches of utmost good faith
Actual statements that convey false or misleading information relating to a material fact. Innocent misrepresentation is the unintentional misrepresentation of a material fact; fraudulent misrepresentation is deliberate. See Utmost Good Faith.
Active duty family members (ADFM)
Spouse and dependents of an active member of the United States government military services (e.g., Army, Navy, Air Force, Marines, Coast Guard). This phrase is used more frequently in the TRICARE health care program.
Active duty service member (ADSM)
Active member of the United States government military services (e.g., Army, Navy, Air Force, Marines, Coast Guard).
Active investment management
Occurs when pension funds are used to purchase and sell particular investments to secure growth above the level of a chosen benchmark.