Directors’ and Officers’ liability.
Tag: UK
Da Costa clause (blood relative clause)
Industrial life clause, or ‘receipt clause’, allowing the office to pay a claim on death to the next of kin or beneficiary named in a will even though no grant of representation has been obtained. The sums are small and formalities kept to a minimum.
Daily sickness benefit
Fixed cash benefit payable under certain health policies for each day of care (institutional or otherwise) during the insured’s temporary illness.
Damages
UK: 1. Tort. Compensation for loss. General damages are unliquidated, i.e. not pre-determined. The court assesses them under headings such as loss of amenity, pain and suffering and loss of future earnings. Special damages can be assessed with some accuracy, e.g. medical expenses, loss of earnings, damage to property. 2. Contracts. Damages compensate for losses flowing from the breach of contract but they may be liquidated, i.e. stated in the contract. 3. The measure of damage relates, as far as money can, to actual losses, but nominal damages apply when a successful claimant has suffered no pecuniary loss. Punitive damages aim to punish the defendant but they are of restricted application in the UK. See STRUCTURED SETTLEMENTS; PROVISIONAL DAMAGES.
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UK: financial compensation for loss suffered.
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Monetary compensation or indemnity, which may be recovered in the courts, by any entity who has suffered loss through the unlawful act or omission or negligence of another. A party claiming injury by a negligent act must establish that actual damages of a type recognized by law and measured as money damage did occur.
Dangerous Wild Animals Act 1976
Regulates the keeping of certain kinds of dangerous animals and animals with the potential to be dangerous. Licensed zoos, circuses, pet shops and research laboratories apart, anyone keeping such an animal must obtain a local authority licence. Applications may be rejected for safety and other reasons.
Data Protection Act 1998
Prevents unauthorised or inappropriate use of ‘personal data’ held electronically or manually. Individuals (‘data subjects’) are allowed access to information held about them and given redress if the Act is contravened. Organisations (‘data controllers’), unless exempt, must notify the Information Commissioner of the data held and how it is used. They must follow eight data protection principles. Certain breaches amount to criminal offences and in some instances data subjects have the right to damages. Insurresponses arise under public liability, legal expenses, directors’ and officers, and professional indemnity policies (www.dataprotection.gov.uk). ance
Dating back
See: Backdating.
Datum line cover
The ‘line’ is the level of indebtedness that must be breached before a credit insurer is liable for the risk relating to a specific debtor.
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Credit insurance which allows the insured to propose a specific debtor for inclusion in the cover only after his indebtedness has attained a certain level, called the datum line.
Day in hospital
Health cash plan term meaning a continuous period of hospital confinement which includes an overnight stay. The policy pays a fixed amount for each ‘day’ the insured is hospitalised in defined circumstances subject to a minimum number of days, e.g. three, and a maximum number, e.g. 91 days, in any benefit year. Outpatient treatment not involving an overnight stay is covered under a separate section for up to a maximum number of days, e.g. 10, in any benefit year.
Day one average
See: Day One Basis Of Reinstatement Cover.