The design and construction of roads, railways, bridges, aqueducts, canals, ports, harbours, moles, breakwaters, lighthouses and drainage works. The term originated in the distinction between these engineering activities and those associated with military operations, e.g. fortification, ordnance, etc. The General Conditions of Contract for Civil Engineering Construction include insurance obligations.

Replaces and extends the Law Reform (Married Women and Tortfeasors) Act 1935 which abolished the common law rule that a judgment in favour of a claimant against one of a number of joint tortfeasors barred subsequent proceedings against the others. The 1978 Act gives a tortfeasor the right to secure a contribution from other tortfeasors where the legal basis of their respective liabilities lies in tort, breach of contract, breach of trust or otherwise. The Act also abolished the rule that if the claimant’s action against one tortfeasor succeeded the damages awarded set a limit for any subsequent actions against other defendants.

The Civil Procedure Act 1997 implemented much of the Woolf Report and unified the civil claims procedure in the UK courts. The objective is to ensure that the parties are on an equal footing, save expense and have their cases dealt with quickly and fairly. Litigation is seen as a last resort as the parties are encouraged to explore alternative dispute resolution methods and display greater cooperation at the pre-action stage under the pre-action protocols. See ACCESS TO JUSTICE ACT 1999.

‘War between two or more portions of a country or state, each contending for mastery of the whole and each claiming to be the legitimate government. The term is also applied to war or rebellion when the rebellious portions of the state are contiguous to those containing the seat of Government’. (F.H. Jones).

A condition setting out what the insured has to do in the event of a claim. It covers notice of loss, assistance to the insurer and proofs of loss, and in the case of liability policies there is a control of proceedings clause and a non-admission of liability clause.
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A condition in many types of insurance policy setting out the insured’s duties in the event of a claim.

An insurer’s reserve for smoothing out fluctuations in claims costs where the incidence is of an uneven nature. Produces a greater level of consistency in the revenue account.

Direct costs of investigation and settlement as distinct from the payments of the claims themselves. Includes loss adjusters’ fees, court fees, etc. The indirect expenses, claims handling expenses, relate to the salaries and overheads associated with running a claims department.

The insured’s claims history with regard to the cost and frequency of previous claims. It is material for an insured to disclose his claims experience when proposing insurance. The term also describes the relationship between premium and claims experienced by an insurer for a particular class of business over a period of time.

Agreements between insurers involved in the same incidents or losses to settle matters between them by way of a prescribed formula rather than resort to costly and regular litigation. The knock-for-knock agreement has been replaced by the memorandum of agreement.