Colloquial term describing the period between the retroactive date and the inception date of a claims-made policy. Claims arising from occurrences within this period but made during the policy period will be within the policy. Occurrences preceding the retroactive date are not within the ‘nose’ and not therefore covered regardless of when claimed.
Tag: UK
Not to inure clause
Clause 15 (Benefit of Insurance Clause) of the Institute Cargo Clauses provides that the insurance is not to inure for the benefit of the carrier or other bailee. Contracts of carriage or bailment may provide that the carrier or bailee will have the benefit of any insurance on the goods. The aim is to deny insurers their subrogation rights against the carrier or bailee. The ‘not to inure clause’ protects the insurer by negating this contractual provision.
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A clause in a Marine Cargo insurance policy providing that the insurance shall not inure to the benefits of the carrier or other bailee. In other words the clause reserves the insurer’s potential right of recovery from the carrier or bailee.
Notice of abandonment
A condition that must precede a constructive total loss. If the insured fails to give notice to the marine insurer, the loss can only be treated as partial unless an actual total loss is proved (Marine Insurance Act 1906, s.62). An underwriter who accepts the notice admits liability for the loss. Notice is not necessary where it would not benefit the insurer. See ABANDONMENT.
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Notice given by the insured to the Insurer in Marine insurance when he considers that he has a claim for a constructive total loss and is therefore prepared to abandon the insured vessel or cargo to insurer.
Notice of Cancellation (Reinsurance)
See: CONTINUOUS TREATY.
Notice of loss/occurrence
See: Notification Clause.
Notification
usually in the sense of the notification by an insurer of acceptance of a proposal, and an essential element of acceptance unless specifically waived.
Notification clause
Sets out the procedure the insured must follow on becoming aware of an occurrence that may lead to a claim. Notice may be required ‘immediately’, as soon as possible’ or within a specified time. The notice should include information as to the occurrence and, in the case of liability insurance, the insured is cautioned not to admit liability. The condition is a condition precedent to liability. See LAUNDRY LIST.
Notional reinstatement value scheme
See: ‘Day One’ Of Reinstatement Cover.
Novus actus interveniens
A new act intervening. It breaks the chain of causation. See PROXIMATE CAUSE.
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A new and intervening act or omission, or a natural event, which breaks the casual connection between a previous act or omission and damage alleged to have resulted therefrom.
Nuclear Energy Insurance
Cover against property damage, liability and accident in connection with the operation of nuclear energy installations. Cover is available, including damage cover on the installations themselves, from a single atomic energy insurance pool, the British Nuclear Insurers created by the British Insurance (Atomic Energy) Committee for the UK market as a whole. The pool currently comprises 13 insurance companies and 40 Lloyd’s syndicates. As a result most policies (marine, aviation and insurances of the person excepted) contain a radioactive contamination clause and an explosive nuclear assemblies clause.