Originating Cause

A claims series clause term. The meaning has been interpreted in a number of ways but where a series of individual claims are unified by a common cause, that cause may be regarded as the originating cause. An insured may seek to rely on this provision to reduce the deductibles payable and reach the minimum level at which the insurers’ obligation to pay commences. A primary layer insurer may seek to aggregate multiple claims to limit its exposure to its retention level. A financial institution mis-sold pensions but was not allowed by the House of Lords to treat the poor training of their representatives as the common cause and could not therefore aggregate the losses to breach the £1m deductible. The poor training was background only; the real cause of the 22,000 losses (maximum was £35,000) was the failure of the representative to give best advice to each claimant individually.

Outstandings

in Lloyd’s, claims which have been notified to an insurer syndicate by the end of the year, but not yet paid; in general insurance the provision for claims outstanding includes both claims notified but not yet settled, and IBNR. Outstanding claims portfolio

Over-insurance

Insuring property for more than its actual value. It can be inadvertent or fraudulent. The penalties for under-insurance can cause the insured to over insure but the use of declaration policies enables insureds with fluctuating sums insured to overcome the problem.