Occupiers’ Liability Act 1957

The occupier owes the ‘common duty of care’ to lawful visitors. The Act gives particular guidance on how to accommodate the different needs of visitors, e.g. being prepared for children to be less careful than adults. The occupier can expect persons exercising a trade to guard against risks incidental to their trade. He will not be liable for the negligence of independent contractors unless negligent in selecting them or checking their work. Account is also taken of all the circumstances, including warnings of dangers to ascertain if they been sufficient to make visitors reasonably safe. The occupier cannot (Unfair Contract Terms Act 1977) use a notice or a contract to exclude liability for negligence leading to personal injury. See OCCUPIERS’ LIABILITY ACT 1984.

Occupiers’ Liability Act 1984

Section1(3) (4) provides a statutory duty of care owed by occupiers to trespassers. A duty is owed if the occupier is aware of danger and knows (or has grounds to believe) that the trespasser may be in the danger area. The duty is to take such care as in all the circumstances is reasonable to see that the trespasser does not suffer injury. Appropriate warnings may discharge the duty. The duty is built around the ‘common duty of humanity’, which took into account, along with the occupier’s skill and resources, his actual knowledge of the trespasser’s presence or likelihood of it. The duty is less onerous than the common duty of care owed to lawful visitors.

Occurrence

REINSURANCE: A frequently used term in reinsurance referring to an incident, happening or event which triggers coverage under an occurrence-based reinsurance agreement. The definition of an occurrence will vary, depending upon the intent and interests of the parties and may not necessarily match the definition of occurrence in the original policy
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US: An accident, including continuous or repeated exposure to substantially the same general, harmful conditions, that results in bodily injury or property damage during the period of an insurance policy.
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REINSURANCE: An adverse contingent accident or event neither expected nor intended from the point of view of the insured. With regard to limits on occurrences, property catastrophe reinsurance agreements frequently define adverse vents having a common cause and sometimes within a specified time frame, for example 72 hours, as being one occurrence. This definition prevents multiple retentions and reinsurance limits from being exposed in a single catastrophe loss.
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An incident that causes an insured loss. This is considered different than an accident, because an occurrence does not have to be sudden and unexpected. An occurrence can also be the result of repeated exposure to a certain condition, as long as it is not intentional or predicted by the insured.
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UK: Generally an event that results in an insured loss. Specifically, an event that triggers a ‘losses-occurring’ liability policy that covers injury or damage occurring during the policy period even if the claim is brought after the policy has expired. The occurrence may be a single accident or, by policy definition, injuries to multiple victims due to exposure to the same harmful conditions on a continuing basis (claims series clause) or adverse events all occurring within a specified time (hours clause). Contrast with claims-made policies. See OCCURRENCE TRIGGER THEORIES; LIABILITY SEQUENCE.
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In general, an event that triggers coverage under any policy generally unexpected and unintended. Specifically, an event that triggers coverage under an occurrence-based liability policy. Such a policy covers injury or damage that occurs during the policy period even if claim is brought months or even years after the policy has expired. See Claims-made for the alternate arrangement. Also see Accident. Often defined in policy language as an accident, including continuous or repeated exposure to the same general harmful conditions that result in bodily injury or property damage.
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In Insurance contract language, continued or repeated exposure to conditions which unexpectedly results in injury during the period an Insurance Policy is in effect; in contrast to sudden injury or damage from an accident which takes place at a specific time and location. In some lines of business, such as liability an occurrence is distinguished from accident in that the loss doesn’t have to be sudden and fortuitous and can result from continuous or repeated exposure which results in bodily injury or property damage neither expected not intended by the insured.

Occurrence basis

For coverage to be provided, the act giving rise to a claim needs to occur within the policy period. The claim does not need to be reported during the policy period. Used with liability policies.
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A form of reinsurance under which the date of the loss event is deemed to be the date of the occurrence, regardless of when reported. See Claims-made basis.

Occurrence Coverage

A policy covering claims that arise out of damage or injury that took place during the policy period (or reinsurance contract period when used to describe reinsurance coverage) regardless of when claims are made. Most commercial general liability insurance is written on an occurrence form. Contrast with Claims-Made coverage.
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Same as occurrence basis refers to a type of insurance coverage that insures occurrences taking place during the policy period, regardless when the claim arising out of the occurrence is first made. This coverage is in contrast to claims made coverage, which insures claims first made during the policy period, regardless when the alleged wrongdoing occurred.

Occurrence Coverage (Basis)

A policy form providing liability coverage only for injury or damage that occurs during the policy period, regardless of which the claim is actually made. For example, a claim made in the current policy year could be charged against a prior policy period, or may not be covered, if it arises from an occurrence prior to the effective date.

Occurrence policy

A liability insurance policy that covers claims arising out of occurrences that take place during the policy period, regardless of when the claim is filed.
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In Liability insurance, a policy that pays for events that occur during its policy term, regardless of which a claim is filed. That is, an expired occurrence policy will pay a valid claim even if the claim is made years late, provided that the event occurred while the policy was in effect.