Adequate plant, machinery and equipment

At common law an employer must take reasonable care to provide adequate plant and machinery and see that it is properly maintained. This includes the provision of protective devices and clothing and, where appropriate, a warning or exhortation to use such equipment. The employer may also have to take account of any special disabilities of the workman (Paris v. Stepney B.C. (1951)). Under the Employers’ Liability (Defective Equipment) Act 1969 the employer is strictly liable for injury caused by a latent defect in a tool, even though the fault is that of the manufacturer. See PUWER.

Adjudication

A quasi-arbitration where a neutral adjudicator issues an award or decision, binding on the parties, unless unenforceable by the court or an arbitrator. The Housing, Grants, Construction and Regeneration Act 1996 provides a compulsory adjudication scheme in most construction contracts to resolve disputes on an interim basis, to minimise site delays. The adjudicator reaches a decision within 28 days of referral. The decision is binding unless the dispute is finally decided by agreement, or until, on occasions only, there is a fresh hearing by litigation or arbitration. Otherwise the court intervenes if the losing party refuses to honour the adjudicator’s decision. See ALTERNATIVE DISPUTE RESOLUTION.
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MEDICAL, US:

Process of the final determination of the issues involving settlement of an insurance claim as payable, partially payable, or denied; also known as claim settlement

Adjustable policies

Policies where, at inception, the insured estimates the size of the risk in terms of a key variable such as turnover or wages as in employers’ liability insurance. The premium is based on this estimate but adjusted up or down at the end of the year when the actual figure is declared by the insured. Any return made to the insured is subject to a minimum premium.

Adjusted CETV

The cash equivalent transfer value, worked out in the prescribed manner (the Welfare Reform and Pensions Act 1999), to establish a member’s pensions rights on divorce. The CETV is a lump sum value in current terms of the rights accrued within a member’s pension scheme.

Adjustment premium

An additional premium payable under the terms of the contract as a result of claims experienced under a policy of insurance or reinsurance.

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An additional or return premium that is payable in relation to a deposit premium depending on the performance of an insurance or reinsurance contract.

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The adjustment premium is a further premium payable at the end of a period of cover. This may result from the use of retrospective experience rating or from a situation where the exposure cannot be adequately determined at the start of the period of cover.