Description of use

Motor policies state the insurer will not be liable for loss whilst the vehicle was being used otherwise than in accordance with the ‘Description of Use’ contained in the policy. This description is also printed on the certificate of insurance. See CLASS OF USE.

Design risks

Liability for injury, loss or damage arising out of the design, plan, formula or specification of goods. Public liability and products liability policies tend to exclude these risks where the work is done for a fee as this may indicate that the risk is more properly insured under a professional indemnity policy. Where a fee is not normally payable there is no exclusion and ‘non-professionals’ remain covered for third party injury or damage as defined in the policy. This is important as liability may automatically attach to ‘non-professionals, e.g. retailers, under the Sale of Goods Act 1979 or the Consumer Protection Act 1987. See also PATTERNS, MODELS, MOULDS DESIGNS. AND

Design warranty clause

A clause in the JCT Standard Form of Building Contract with Contractors Design 1998 making the building contractor responsible for the design of the building. The clause seeks to put the contractor’s design liability on the same footing as that of the architect or other professional, i.e. on the basis of a duty of reasonable care. The clause does not call upon the contractor to effect insurance but the contractor’s design liability can be insured in the professional indemnity market.

designated health services (DHS)

Under federal Stark II laws, there are 11 types of health care services that a physician is prohibited from referring if he or she has a financial relationship. These services include clinical laboratory, physical therapy (including speech-language pathology services), occupational therapy, radiology (including magnetic resonance imaging, computerized axial tomography scans, and ultrasound), radiation therapy services and supplies, durable medical equipment and supplies, parenteral and enteral nutrients, equipment and supplies, prosthetics, orthotics and prosthetic devices and supplies, home health services, outpatient prescription drugs, and inpatient and outpatient hospital services.

Designated hospital

Facility under contract with a managed care plan to provide medical services to members of the plan. In an emergency situation, a member can save money by using a designated hospital instead of one that is not designated in the plan.