Different wordings used by different insurers. Version I stipulates that I the event of damage interests insured being a brand or trademark which in any way caries or implies a product guarantee or warranty of quality, the salvage value of the interest insured is to be determined after removal of all brands and trademarks. Where the interests there are in containers from which ands or trademarks cannot be removed the salvage value to be is to determine after interests have been transferred to plain containers. Where it is reasonable impractical to remove or destroy all evidence of the brand the insurer agrees to consult with the insured in respect of action to be taken. Another version stipulated that the assured shall have full possession or control of all damaged goods bearing embossed or identical brands or labels or other permanent markings provided such damage is recoverable under the terms and conditions of this policy although the insurer shall have the benefit of any salvage obtained from such action.
Insurance Encyclopedia
Breach
The art of breaking used in such phrases as Breach of Conduct, Breach of Privilege, Breach of Warranty. Etc.
Breach of Condition
When a condition of the insurance contract is broken by the assured, the insurer may avoid the contract from inception.
Breach of confidential communication
Breach means breaking or violation of a law or agreement. In the context of the medical office, it means the unauthorized release of confidential information about the patient to a third party.
Breach of Contract
Failure to comply with the terms or conditions incorporated in an insurance policy, frequently resulting in a restriction of coverage or a voiding of a policy itself.
Breach of contract (Legal Terminology)
Failure of one of the parties of a contract to meet contractual obligations.
Breach of Contract Cover
A form of credit insurance effected by a company to protect another against loss through failure of the company to complete contractual obligations of a financial nature.
Breach of Good Faith
A non-disclosure of misrepresentation of a material circumstance, by an assured, reassured or broker, during negotiations leading to the conclusion of the contract, whereby the underwriter is misled in his appreciation of the risk.
Breach of statutory duty
A tort where the defendant has committed a breach of duty imposed by statute or regulation and Parliament intended to confer a statutory remedy on the claimant. HSWA 1974, s.47, provides that breaches of the Act do not create civil remedies but a breach of regulations, (e.g. PUWER 1998) is actionable unless the regulation indicates otherwise. Where the statute is silent on civil remedies, the courts have to enquire into the intention of Parliament.
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In the case of many statutes a breach of a duty imposed by the statute gives a right of action in tort to a person injured by the breach.
Breach of Warranty
A breach of a contract condition which may include representation made by the insured that are incorporated into the contract. Under common law an Insurer need not prove either intent or materiality to deny a claim on the basis of a breach of warranty. Statutes have modified that doctrine considerably.
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See: “Warranty.”