Occupational pension scheme

A scheme organised by an employer or on behalf of a group of employers to provide pension benefits for one or more employees on leaving service or on death or retirement. The scheme is run by trustees and can be contributory or non-contributory. Schemes are either defined benefit schemes or defined contribution scheme. See EXEMPT APPROVED SCHEMES.

Occupational Pensions Board (OPB)

Statutory body responsible for: issuing contracting out or appropriate scheme certificates for pension schemes that meet the necessary requirements; ensuring that guaranteed minimum pensions and protected rights are secure; and ensuring that equal access and preservation requirements are satisfied. OPB’s involvement extends to the enforcement of disclosure of information to scheme members and advising schemes as to the extent to which their rules comply with overriding legislation and advising schemes on certain rules regarding early leavers, etc.

Occupier

The Occupiers’ Liability Act 1957 contains no official definition. The term, one of convenience, denotes a person who has a sufficient degree of control over premises to put him under the ‘common duty of care’ to lawful visitors. Control is the decisive factor and it is immaterial that the occupier has no interest in the land. The occupier’s control does not preclude others from being liable, e.g. repairing landlords (q.v). See COMMON DUTY OF CARE; OCCUPIERS’ LIABILITY ACT 1984.

Occupiers’ Liability Act 1957

The occupier owes the ‘common duty of care’ to lawful visitors. The Act gives particular guidance on how to accommodate the different needs of visitors, e.g. being prepared for children to be less careful than adults. The occupier can expect persons exercising a trade to guard against risks incidental to their trade. He will not be liable for the negligence of independent contractors unless negligent in selecting them or checking their work. Account is also taken of all the circumstances, including warnings of dangers to ascertain if they been sufficient to make visitors reasonably safe. The occupier cannot (Unfair Contract Terms Act 1977) use a notice or a contract to exclude liability for negligence leading to personal injury. See OCCUPIERS’ LIABILITY ACT 1984.

Occupiers’ Liability Act 1984

Section1(3) (4) provides a statutory duty of care owed by occupiers to trespassers. A duty is owed if the occupier is aware of danger and knows (or has grounds to believe) that the trespasser may be in the danger area. The duty is to take such care as in all the circumstances is reasonable to see that the trespasser does not suffer injury. Appropriate warnings may discharge the duty. The duty is built around the ‘common duty of humanity’, which took into account, along with the occupier’s skill and resources, his actual knowledge of the trespasser’s presence or likelihood of it. The duty is less onerous than the common duty of care owed to lawful visitors.

Occurrence Trigger Theories

Liability policies are triggered by insured events ‘occurring’ during the policy period. Difficulty in pinpointing the time of occurrence of latent diseases and gradual pollution has produced theories, not universally accepted, from the US: 1. Exposure theory. Injury is simultaneous with first exposure. All insurers on risk during the exposure period are liable on a time on risk basis; 2. Manifestation theory. Injury is deemed to occur when it is first diagnosed. Only the policy in force at time of discovery is liable – this theory is rarely applied. 3. Injury In Fact Theory. Policies are triggered only if in force when an actual injury occurs or progresses. No liability is triggered during dormant periods. 4. Triple Trigger Theory/Continuous Trigger Theory. Injury is deemed to occur at time of first exposure, during continuing exposure and at time of manifestation. Any policy in force at any stage will be liable. Issues also arise as to how limits of indemnity should be applied. See OCCURRENCE; STACKING OF LIMITS.

Ocean marine

A US term describing the insurance of seagoing hulls, cargoes and liabilities. This distinguishes those insurances from inland marine and sometimes from inland waterway hull, cargo and liability insurances.
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Insurance coverage for vessels and property in ocean shipping. River marine is the term referring to coverage for inland shipments on water. Motor truck cargo refers to coverage for property transported over highways.

Odd time

Most policies are issued for terms of one year renewable annually. Wherever the first period of insurance is longer than a year there is ‘odd time’ for which a pro rata charge is made.
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A period added to a calendar year for the purpose of making the renewal date of an insurance the date required by the insured.