Implied contract

Contract between physician and patient not manifested by direct words but implied or deduced from the circumstance, general language, or conduct of the patient. Insurance contracts are not implied contracts because every condition is included in the policy.

Implied warranty

A warranty is a representation by the policyholder that certain conditions exist or will be met. Even if the warranty is not in writing, it may exist as an “implied” warranty, for example, that a building is not on fire when insured, or that a vessel is seaworthy.
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UK: A warranty which by law is tacitly understood to be binding and does not have to appear in the policy. The Marine Insurance Act 1906 (ss.39, 41) implies: (a) that under a voyage policy the vessel will be seaworthy at the commencement of the voyage; and (b) the legality of the insured adventure. In a voyage policy on goods or other moveables there is a further implied warranty at the commencement of the voyage that the ship is reasonably fit to carry the goods, etc., to the intended destination (s.40).
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Warranty which, though not stated in words in an application for Insurance, is assumed to be true, at least as an affirmative warranty. Though rare outside ocean marine Insurance, an implied warranty in property Insurance is that the insured believes the property is not now being destroyed.

Import Duty Insurance Clause

This insurance is on increased value of cargo by reason of payment of customs duty at the port or place of destination and is subject to the same clauses and conditions as the primary insurance of the cargo and to pay the same percentage of the duty payable (excluding charges and expenses) as may be paid thereon but excluding claims in respect of Total Loss or total loss of part cargo or General Average contributions an salvage charges arising prior to duty becoming payable. Credit shall be given for any rebate or refunds of duty which may become allowable. It is warranted that (i) This policy is not assignable (ii) No claim unless the claim under primary Marine policy is payable and proof of liability for loss to be submitted. (iii) This is not a valued policy as defined in the Marine Insurance Act, 1963. Claims under this policy are payable on the basis of actual duty paid or on the basis of sum insured, whichever is less. (iv) In the event of a claim, immediate notice of loss to be given to Insurer and a reasonable opportunity is to be given to the insurer to survey an assess the loss.

Import License

A certificate issued by countries exercising import controls, that permits importation of the articles stated in the license. The issuance of such a permit frequently is connected with the release of foreign exchange needed to pay for the shipment for which the import license has been requested.

Importation of average

A clause in a policy, not subject to average, whereby average can be imported if the policy is liable for a loss also covered by another policy that is subject to average. The policies then contribute on an equal footing.
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A condition in a policy whereby if a claim is covered by two policies one of which is expressed as subject to average and one not, the latter is made subject to average I like manner.

Improvement notice

Issued by HSE inspectors ordering that Health and Safety at Work, etc., Act 1974 contraventions be remedied within a specified time. The notice is served on the person deemed to be contravening the legal provision, or on any person on whom responsibilities are placed, e.g. an employer, an employed person or a supplier. The person may be prosecuted instead of, or in addition to, being served with a notice. Insurers usually provide cover in respect of prosecution defence costs.