Losses for Liability Legal

Legal liability losses may be classified by any of several characteristics. One possible classification is in terms of the entities to which liability may indebted: Customers, members off the general public, employees, governmental bodies to which an organization may own fines and possibly others. Another way of classifying liability losses is by the source off the legal duty whose breach has brought legal liability upon the organization: liability for breach of a contract (through intention non-performance or violation of a warranty, for example), tort or criminal liability. Finally, liability losses may be classified according to whether the amounts the firm must pay, or the revenue of which it is deprived, arise from payment off damages or fines to an entity whose legal rights have been violated, payment of legal defence costs, or expenses incurred or revenues lost because of the need to modify or cease a profitable activity.
***
That liability which courts recognize and enforce as between parties litigant.

Losses in excess of policy limits

A term that, when used in reinsurance agreements, refers to damages awarded by a court against an insurer in favor of the insured, due to the insurer’s having failed to settle a third party claim against the insured within the policy limits by reason of bad faith, fraud, or gross negligence. See Extra contractual obligations and Punitive damages.

Losses occurring

a basis that applies to most liability insurance, in which the trigger for liability is a loss occurring in the policy period, regardless of the time of negligence or the date of claim (contrast claims made).

Losses Occurring During (See also Basis of Attachment – Accident Year)

The provision in a reinsurance contract that designates that the losses to which the reinsurance applies are those losses that actually happen during the term of the reinsurance even if the original policies that cover the losses are issued (as new or renewal policies) prior to the inception of the reinsurance contract. (See also Policies Attaching.)

Losses Occurring During Basis

Excess of loss contracts are generally arranged for a period of one year, say from 1st January to 31st December. If any loss occurs during the specified period, it will fall within the scope of the contract though the policies under which such losses arise may have incepted prior t the date of commencement of excess of loss cover. The Ceding Company would normally arrange for the renewal of the contract to ensure continued protection for the run-off portfolio and for new risks attaching during the next annual period.