Lord Fraser’s expression in the House of Lords case of Pirelli v. Oscar Faber & Partners (1983). Held: the cause of action, in property damage claims based on negligence, accrued at the time of the damage and not the time of discovery/discoverability for the purpose of the six-year limitation period. Lord Fraser qualified this by saying that a building could be so defective as to be ‘doomed from the start’ so causing the time to run from completion. Lord Fraser’s qualification created the risk that owners of properties with latent defects could run out of time even before sustaining or discovering damage. The Latent Damages Act 1986 remedies the problem.
Tag: UK
Double ‘indemnity’/double accident bond
Certain personal accident policies pay twice their normal benefits if the injury or death has been caused under specified circumstances, usually meaning injury following an accident involving a road or rail conveyance.
Double benefits
See: Double Indemnity.
Double endowment
Endowment insurance whereby the amount payable on maturity is twice the amount payable on death within the policy term. It combines an endowment insurance with a pure endowment for the same sum or is structured as a term insurance for a particular sum linked to a pure endowment for double that sum. It can be offered to impaired lives as an alternative to extra premiums.
Double option agreement
See: Cross Option Agreement.
Dreaded disease policy
See: Critical Illness Policy.
Dredgers
Vessels involved with sprinkling or suction, which normally work in ports or inland waterways. Cover is normally granted under the Institute Port Risk Clauses covering: 1. Loss or damage, 2. Third party liabilities except in of respect employees. A dredger proprietor with a registered office in London must effect an employers’ liability insurance. However, insurance is not compulsory for injury or disease suffered or contracted outside Great Britain.
Driving of other cars (DOC)
A clause in the third party section of a private car policy permitting the insured to drive private type cars or motor cycles not belonging to him and not hired to him under a hire purchase agreement. If the insured parts with the insured car, the extended indemnity ceases to apply as the main indemnity then terminates. Occasionally, as an underwriting measure, the insurer may delete the extension.
Drop down cover
An excess layer, umbrella liability policy or excess of loss treaty that lowers, i.e. drops down, its excess point if the limits of the underlying layer or retention have been exhausted. ‘Drop downs’ are subject to annual aggregate limits. The insured/reinsured may be able to absorb a given retention level on one loss but additional losses need the added protection afforded by the drop-down. ‘Drop down’ covers may also pick up gaps in cover as may happen in umbrella liability policies and master global policies sitting over local policies. See TOP AND DROP.
Dry perils
The following are categorised as dry perils: aircraft, explosion, riot and civil commotion, malicious damage and earthquake. They are a group of perils, additional perils, that extend the cover under a standard fire policy.