Nuclear Installations Act 1965

Governs liability and compensation for nuclear damage for which a UK nuclear licensee is responsible. The Act requires compensation to be paid for damage to persons or property up to £140 million (reviewable). The operator’s strict no-fault liability runs for 10 years after the incident, the government accepting liability for 20 years thereafter. Each operator must be insured in respect of his liability under an insurance approved by the DTI before a licence will be granted. See NUCLEAR PERILS.

Nuisance

Sir Frederick Pollock defined it as ‘a wrong done to man by unlawfully disturbing him in the enjoyment of his property or, in some cases, the exercise of a common right’. There are two kinds of nuisance. A public nuisance is a crime, e.g. causing a road obstruction, and is actionable only by individuals suffering special damage (something more than other affected parties, e.g injured by the obstruction not just inconvenienced). A private nuisance, a tort, is an unlawful interference affecting the occupier’s use or enjoyment of his property. Private nuisances are invasions by noise, smell, water or smoke to the point where it is unreasonable. Public liability insurance covers accidental obstructions and other forms of nuisance.
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Nuisance means acts or omission which unlawfully interfere with another person’s use of enjoyment of land or of some right in connection with it.

Numbered rules

The York-Antwerp rules that are pre-fixed by numbers. They are applied in priority to the lettered rules.
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Those of York-Antwerp Rules that are prefixed by a number. They are applied in a priority to the lettered rules.

Obsolete buildings clause

Apply a form of reinstatement insurance to buildings over 50 years old that cannot be rebuilt in a similar manner following a claim. The insurer agrees that if there is a significant loss, they will replace the ‘old’ with a new building or purchase an alternative building as a replacement. The sum insured should reflect this cost, and partial losses can be handled on a reinstatement or indemnity basis.

Obsolete parts clause

Clause applied by motor insurers when the subject-matter insured is a car no longer in production. The clause limits the liability of the own damage insurer for the cost of replacing any unobtainable part to the maker’s last list price plus the current cost of fitting.

Occupation

Occupation means vocation, profession, trade or calling in which the insured is engaged for reward or profit. Where there is an exclusion relating to particular occupations in a health or accident policy this does not preclude the insured from carrying out acts or duties connected with the ordinary daily acts associated with occupations in general. Occasional acts do not amount to an occupation (Berliners v. Travelers Insurance Co. (1898)). See DISABILITY.

Occupational classes

A method of rating whereby the usual premium is based on the insured’s occupation. This is underwriting by occupation, and is used in personal accident insurance where as many as five occupational classes segment risks according to the degree of hazard present in the occupation. Extra-hazardous occupation calls for special consideration. Occupational underwriting lies at the heart of many insurance schemes, e.g. motor insurance for civil servants.

Occupational deafness

An industrial disease caused by noise exposure. It is an insidious disease affecting the inner ear. Many workers are exposed to this risk and years may pass before they become aware of the situation. The disease’s long-tail potential has serious implications for employers’ liability insurers. The disease is incurable but preventable and has attracted attention from the legislators through the Noise at Work Regulations 1998.