See: SPECIAL CIRCUMSTANCES CLAUSE.
Tag: UK
Breach of statutory duty
A tort where the defendant has committed a breach of duty imposed by statute or regulation and Parliament intended to confer a statutory remedy on the claimant. HSWA 1974, s.47, provides that breaches of the Act do not create civil remedies but a breach of regulations, (e.g. PUWER 1998) is actionable unless the regulation indicates otherwise. Where the statute is silent on civil remedies, the courts have to enquire into the intention of Parliament.
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In the case of many statutes a breach of a duty imposed by the statute gives a right of action in tort to a person injured by the breach.
Breach of Warranty Clause/Navigation provisions
International Hull Clause 11 indicating that the insured is held covered for breach of warranty as to cargo, trade, locality, towage, salvage services or date of sailing, provided notice is given and any additional premium paid.
Breach of warranty insurance
Insurance covering banks for the outstanding amount of loans that funded the purchase of aircraft. If the hull insurance is invalidated by the airline’s breach of warranty, the bank may suffer loss notwithstanding a lien on the aircraft. Cover is separate or by endorsement of the hull policy.
Breach of warranty of authority
Occurs where an agent, acting in excess of his actual or apparent authority, ‘contracts’ with or commits, a third party. The breach does not bind his principal and is actionable against the agent by the third party. ‘Breach of warranty of authority’ is insured as a ‘wrongful act’ under a directors’ and officers’ liability policy and is covered under professional indemnity policies.
Breakdown recovery
Cover sometimes added to motor insurance whereby the insurer recovers vehicles from the scene of a breakdown as distinct from the scene of an accident. Recovery following an accident is an integral part of the cover under comprehensive motor policies. Extended warranty insurances often include breakdown recovery.
Breakdown/Breakdown insurance
Boilers, pressure vessels, cranes, lifts and other lifting equipment, engines, electrical equipment may be insured against breakdown under the engineering policy. Breakdown generally means the breaking or burning of any part of the plant while it is running that causes a sudden stoppage that necessitates repair before resuming work although there may be specific definitions for particular forms of plant. Basic breakdown cover relates to self-damage, but cover is usually extended to damage to surrounding property, public liability, fragmentation, consequential loss, hired-in plant damage and deterioration of stock.
Bridging pension
An additional pension taken from a pension scheme to ‘bridge’ the gap between actual retirement and state pensionable age at which time it is replaced by the state pension so there is no loss of income.
British Insurance (Atomic Energy) Committee
The body that set up the pool of insurers to cover nuclear perils.
British Insurance Brokers Association (BIBA)
Represents 2,000 brokerage members, representing 37,000 employees. Its interests cover home, motor, travel and the commercial and industrial insurance markets. It aims to enhance the status and recognition of members through the maintenance of high standards, public relations, government and parliamentary contacts. (www.biba.org. uk).