Agreement between the Motor Insurers’ Bureau and the government under which the MIB compensates the personal injury victims of negligent motorists who remain untraced. The deliberate running down of victims is outside the scheme as compensation is available from the Criminal Injuries Board.

Property insurance in regard to which the amount to be paid on a total loss has not been agreed. The parties fix a sum insured representing the insurer’s maximum liability otherwise claims are to be dealt with on an indemnity basis subject, often, to pro rata average. Marine Insurance Act, s.16, provides a basis of valuation for the insurance of hulls, cargoes and freight, etc., which, in the absence of any agreed value, must be used for the purpose of indemnifying the insured. Hulls and cargoes are invariably insured under valued policies but freight is generally insured under unvalued policies. See VALUATION CLAUSE.
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A property insurance policy where the sum insured has not been agreed by the insurer in advance as the actual value of the property. In the event of a loss, therefore, the value is open to discussions with a view to the insured being indemnified against his true loss up to the sum insured.

Unknowing participation by a carrier in a CMR contract. Occurs when a road carrier accepts goods for part of a European road carriage between different countries when a single CMR contract governs the complete carriage. Each successive carrier, even if not crossing a national frontier, becomes a party to the contract and liable under CMR even if not aware of the contractual situation.

Occurs when the member of an approved occupational pension scheme is permitted to accrue benefits at a rate above the normal one-sixtieth of final salary for each year of service. The IR scale uses a scale for this purpose. Acceleration is available to members who have continuous rights prior to 17 March 1987.

‘Use’ is not synonymous with ‘drive’. ‘Use’ implies an element of control, management or operation. An employee driving his employer’s vehicle is using it but so too is the employer for whose benefit the journey is undertaken. Both parties must therefore be covered for the purpose of compulsory insurance under the Road Traffic Act 1988.

This is: ‘(a) invasion by foreign enemies to give laws and usurp the government, or (b) internal armed force in rebellion assuming the power of government by making laws and punishing for not obeying those laws. Usurped power involves organised tumult or open warfare, and must be something more than action by a mere unorganised rabble; it implies a more or less organised body with more or less authoritative leaders’. (F.H. Jones).

(uberrima fides, or uberrimae fidei, of the utmost good faith) a duty laid on the parties to an insurance contract, especially the proposer, of greater force than ordinary good faith, requiring full disclosure of all facts which are or might be material to the contract; this duty subsists throughout negotiations over the terms of the contract and until the contract has been concluded, and may be maintained during the period of the contract if the policy so provides.