The onus is upon the insured to prove that his loss is within the operative clause. It is for the insurer to prove that the loss has been caused by an excepted peril. If the insurer has cut down the scope of the operative clause by qualifying the insured peril (see QUALIFIED PERILS) the insured must prove that the loss was caused by the peril as qualified.
Tag: UK
Burglary
UK: According to the Theft Act 1968, a person is guilty of burglary in two circumstances. Section 9(1)(a) applies when a person enters a property as a trespasser, with intention to commit theft, rape or grievous bodily harm. Section 9(1)(b) refers to the person who enters property as a trespasser and, having entered, commits or attempts to commit theft, rape or grievous bodily harm. Insurers avoid the use of the term ‘burglary’ in theft insurance. The usual practice is to insure theft, ‘following forcible and violent entry into or exit from the premises’.
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US: Breaking and entering into another person’s property with felonious intent.
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Coverage against loss as a result of forced entry into premises.
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US: Theft of property from within a premises by a person who unlawfully enters or exits from the premises.
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Theft of the property following felonious entry into the premises by violent and forcible means, or theft by a person in the premises who subsequently breaks out by violent and forcible means. The use of force and violence need not be against property only-it can also be against the person or an individual.
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Unlawful removal of property from premises involving visible forcible entry.
Burner policy
A term sometimes used in aviation insurance to describe a policy covering potentially exceptional risk situations, as with helicopters, etc.
Burning cost
UK: a method of calculating the premium in non-proportional reinsurance, in particular excess of loss and stop loss reinsurance, whereby the premium is directly related to the insured’s claims experience; the reinsurer reviews the cedant’s claims experience to ascertain what proportion of premium income would have been “burned up” by the reinsurance claims (see also Swing rated policies).
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REINSURANCE: A term most frequently used in spread loss property reinsurance to express pure loss cost or more specifically the ratio of incurred losses within a specified amount in excess of the ceding company’s retention to its gross premium over a stipulated number of years.
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UK: Premium calculation method used for non-proportional reinsurances mainly or large industrial liability risks. The premium is calculated from the percentage of premiums ‘burnt up’ by losses in the reinsurance layer or primary insurance over a number of previous years. The calculation is adjusted for inflation and other factors subject to change and the final figure is loaded, e.g. by 100/70, for administrative costs and profit. The premium is normally adjustable based on actual experience.
Burning of debris condition
A liability insurance condition to ensure that the burning of debris away from the insured’s premises is properly conducted. Fires should (a) be in a cleared area and at a distance (e.g. at least 8 metres) from any property; (b) not be left unattended. A suitable fire extinguisher should be kept available for immediate use. It may also require that fires be extinguished at least one hour before leaving the site at the end of each working day.
Burning warranty/Hot Work/Use of Heat Clause
Public liability clause imposing strict conditions on the insured’s involvement in ‘hot work. Typically where electric oxy-acetylene or similar welding equipment or cutting equipment is used the area of work must be adequately cleared and combustible materials moved at least 6 metres from the work. The warranty also requires, inter alia, that fire extinguishers should be available. Upon completion of each period of work and at regular intervals for at least one hour after the completion of the work there should be thorough fire safety checks. Other conditions govern the use of blowlamps and blowtorches. The use of asphalt, bitumen, tar, pitch or lead heaters is also controlled. See HOT WORK; BURNING OF DEBRIS CONDITION.
Burst pipes
An additional peril added to fire and household policies to cover damage caused by an escape of water from any tank, apparatus or pipe. The repair of the item that burst, overflowed or leaked, is not covered. The insurance is subject to an excess and cover is usually suspended when the building is unoccupied for a defined period, usually 30 days.