In boiler and machinery insurance, a type of container designed to hold liquids or gasses under pressure. Types are categorized as fired (such as a boiler) and unfired (such as an oxygen or hydrogen tank).
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A container designed to hold steam, gas or other vapor under pressure.
Tag: RAW
Presumption
Legal assumption that a fact exists.
Presumption of agency
An agency relationship that is legally enforceable, although no agreement has been signed. This presumption of a relationship exists when the insurer acts in a way that gives the idea that someone is his or her agent before the agent has truly been accepted by them; for example, by providing that person with materials bearing the company logo for distribution. The insurer may later be legally liable for that person’s acts.
Presumptive disability
Assumption of total disability when an insured is considered totally disabled (blindness, loss of hearing, speech, or limbs). The insurance company may pay a lump sum in addition to monthly payments for a maximum benefit period.
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A disability involving loss of sight, hearing, speech or any two limbs, which is presumed to be a permanent and total disability. In such cases, the insurer does not require the insured to submit to periodic medical examinations to prove continuing disability.
Presumptive disability (Health Insurance)
A disability assumed to be permanent and total; for example, a disability that entails loss of vision or hearing or the loss of two or more limbs. Policyholders having this type of disability do not have to repeatedly undergo medical examinations to show that their disability continues to impair them.
presumptive eligibility (PE)
A federal/state program designed to ease access to prenatal care offering immediate temporary coverage to low-income women pending a formal Medi-Cal application.
Presumptive father
Possible biological father of a child but not necessarily the legal parent or the confirmed father. Also referred to as alleged father.
Presumptive indemnification
A provision in most D&O insurance policies that applies the deductible under Insuring Agreement B (i.e., coverage for the company to the extent the company indemnifies directors and officers) to any loss for which the company is legally permitted and financially able to indemnify, regardless whether the company actually grants the indemnification. Absent this type of provision, the insured company could simply fail or refuse to indemnify directors and officers (even though the company is legally permitted and financially able to provide the indemnification), thereby causing the loss to be covered under Insuring Agreement A, which typically has a zero deductible. In order to prevent the insured company from avoiding payment of the much larger deductible applicable to Insuring Agreement B, this provision applies the larger deductible if the company can indemnify, whether or not it actually does indemnify. Thus, in order to avoid the directors and officers having to personally fund the large Insuring Agreement B deductible, the insured company must indemnify the directors and officers when it can. If an EPL, fiduciary, or similar policy has different deductibles for indemnifiable and nonindemnifiable loss, those policies may also have a presumptive indemnification provision.
Pretext interview
An interview wherein one party misrepresents his or her identity, the intent behind his or her questions, or the reason for the interview.
Pretreatment review provision
See: predetermination of benefits provision.