Duties of a personal nature. The person responsible has a duty to see that proper care is taken and, even though he may engage a contractor to carry out the duties, he remains liable for any breach of duty. For example, a principal may engage a contractor to perform acts involving strict liability as in Rylands v. Fletcher.
Tag: UK
Non-delivery
Loss in which the entire shipping package and its contents fail to arrive at its destination. Compare with short delivery.
Non-disclosure
Innocent non-disclosure by the proposer before the insurance contract has been concluded. If it relates to a material fact, the insurance will be voidable ab initio at the option of the insurer. If the insurer exercises the option the full premium will be returned. See UTMOST GOOD FAITH.
***
Innocent omission by a proposer for insurance to disclose a material fact relating to the risk proposed.
Non-exempt activities order
FSMA, s.327(6) states that activities must not be of a description, or relate to an investment of a description, specified in an Order made by HM Treasury for the purposes of this sub-section. This coupled with the restricted activities of the designated professional bodies will prohibit exempt professional firms from carrying on specific types of regulated activity.
Non-forfeiture clause
Life policy clause that keeps the policy in force out of the surrender value for a limited period, after the grace period and continued nonpayment of the renewal premium. The policy may remain open for one year or until the surrender value has been exhausted. If a limited period applies, any balance remaining is paid to the insured or used to buy a paid-up policy. When the non-forfeiture period ends a revival clause may apply.
Non-invalidation clause
A clause that can be added without charge to a fire policy. It protects the property owner against a breach of warranty by a tenant provided that the owner was not aware of the breach and he advises the insurers as soon as he becomes aware of it.
Non-investment insurance contract
A general insurance contract or a pure protection contract but which is not a long-term care insurance contract. Such contracts are governed by Insurance: Conduct of Business Rules except travel insurance sold as a part of a holiday package (a decision to be reviewed in 2007).
Non-mainstream regulated activity
Regulated activity of an authorised professional firm in relation to which certain conditions (5.2.1, The Professional Firms Sourcebook) are satisfied. This includes a condition making the regulated activity incidental to the provision of professional services. FSA requirements are modified or disapplied so that the supervision in regard to the activities is equivalent to that which applies to the exempt regulated activities of exempt professional firms.
Non-medical insurance/non-medical limits
Life insurance arranged without the proposer being medically examined. The insurer requests a medical report from the proposer’s doctor with the proposer’s permission. Life offices have their own non-medical underwriting limits expressed in terms of age and sum insured, and type of policy.
Non-negligent cover
See: JCT CLAUSE 21.2.1.