Discovery of ship’s papers

Application to court by an insurer after a loss for the production of relevant ship’s documents. The order can be issued against the shipowner, a mortgagee, the insured in the case of cargo policy, insurers in the case of reinsurance, an agent who sues on behalf of his principal, an insured where the insurer seeks a return of money allegedly obtained by fraud, an assignee of policy proceeds and other interested parties.

Discovery period

UK: 1. Period within which a defalcation must be discovered and notified to the fidelity guarantee insurer. The customary six month period runs from the employee’s resignation, dismissal or retirement or three months from the expiry of the policy whichever occurs first. 2. See EXTENDED REPORTING PERIOD.
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The period of time, commonly one year, after the termination of a surety bond during which covered loss may be discovered, reported, and covered. Also refers to the optional extension of coverage that may be purchased by insureds under certain circumstances following expiration of the policy. If this coverage extension is purchased, claims made against insureds during the extension period are covered if the claims are for wrongful acts (for a D&ampO policy) occurring before the expiration of the original policy period. Depending upon the terms of the particular insurance policy, this optional extension of coverage may be available only if the insurance company cancels (other than for non-payment of premium) or refuses to renew the policy, or alternatively, may also be available if the insureds cancel or refuse to renew the policy. If the coverage extension is available under both of those situations, the extension is referred to as bilateral discovery or ERP. Coverage during this extension period is subject to the same limit of liability as applies to the original policy period.
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The time allowed to the insured after termination under certain bond and Policy provisions to discover a loss which occurred during the period by the contract and would have been recoverable had the contract continued in force. This period varies from six months to three years where a Company can fix the period of time to be allowed. It may be governed by statute and in certain bonds the period is indefinite because of statutory requirements.

Discretionary approval

ICTA 1988, s.591, allows occupational pension schemes to offer a wider range of benefits than those available under schemes entitled to mandatory approval under s.590. Discretionary approval permits enhanced pensions, higher accrual rates, higher life cover and enhanced retirement cash. IR Practice Note 12 sets out detailed rules.

Discretionary benefits

Benefits that the trustees of a final salary scheme can grant to enhance a member’s retirement subject to IR maximum limits. The employer could ask the trustees to enhance a member’s retirement benefit on early retirement, redundancy, ill health or death in service benefits, or escalate the pension at a rate above LPI. The trustees can use their discretion to award a lump sum benefit on death to any individual, not necessarily the person nominated by the member.

Discretionary scheme

Occupational pension scheme where membership is by employer invitation only and where the benefits and contributions may vary from one member to another. Although discretionary, there must be equal access and no discrimination in terms of benefits on grounds of race, religion, sex or disability.