In many cases the containers, cases or packages do not show signs of any visible, external damage and buyers take a clean delivery. Subsequently, damages or shortages may be discovered which insurer would refuse to pay or ask the buyer to prove that the loss or damage happened during the insured transit. This clause gives a benefit to the insured/consignee by stating that if the loss is discovered on opening the containers, cases or packages within the pre-arranged number of days after arrival the loss or damage shall be deemed to have occurred during the insured transit.
Tag: RAW
Concealment
US: Deliberate failure of an applicant for insurance to reveal a material fact to the insurer.
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Failure by the insured to reveal certain facts he knows that are not such common information that the Insurer should also know them. Except in ocean marine Insurance an Insurer must prove intent and materiality to deny a claim based on concealment. Concealment is material if the facts concealed would have caused the Insurer either not to write the Insurance or to write it under substantially different terms.
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UK: The wilful failure to disclose a material fact before the insurance contract is concluded. It is a breach of utmost good faith rendering the contract void ab initio and entitling the insurer to sue for damages for deceit. If fraud is proved the insured is not entitled to a return of premium.
Concealment (Legal Terminology)
The act of concealing a material fact.
Concentration of investment
The placing of a significant proportion of the assets of a pension fund in any single investment. PA95 lays down compulsory reporting requirements for specific amounts and levels of concentration.
Concierge care
System of medical care in which physicians either have patients pay for whatever services are received or charge patients annual membership fees entitling them to certain services (e.g., annual physical, medical screenings for certain diseases or illnesses, preventive care). Patients are given paperwork to submit claims to their insurance companies. This system is usually for well-to-do clientele, which is why it sometimes is referred to as boutique medicine . Physicians prefer that it be called personalized, preventive care or fee-based medical care .
Conciliation
Informal meeting between the attorney for the workers’ compensation insurance company and the employee and/or the employee’s attorney. A conciliator is not an attorney and cannot grant the employee’s request for benefits. It is the conciliator’s job to determine if there is some way that the parties can reach an agreement and, if not, to assist in taking it to the next step to settle (resolve) the dispute.
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UK: Employment dispute resolution method originating in the Employment Act 1975 that set up the Advisory, Conciliation and Arbitration Service (ACAS). Use of ACAS is voluntary but if used, and an agreement is secured, it becomes legally binding. If the conciliation officer feels that the process has failed, recourse may be made to arbitration. Conciliation is relevant to employment practices liability insurance or legal expenses insurance.
Conciliation court
See: small claims court.
Concluding a contract
Occurs when one party (the customer or the insurer/intermediary) accepts an offer made by the other, e.g. when a customer accepts an insurer’s quotation.
Conclusion of Contract : Marine
A marine Insurance contract is deemed to be concluded between the parties to the contract when the underwriter initials the slip or signs some other document in place of the slip.
Concomitant operations
Additional procedures completed during the same surgical session.