A part of the notification clause of a claims-made policy. It provides that when a circumstance is notified in one year but the claim not made until a subsequent year, it will be deemed to be made in the year of notification. See LAUNDRY LIST.
Tag: UK
Deep pocket theory
Where the claimant can seek damages from more than one defendant, the claimant chooses the defendant with the greatest ability to pay, i.e. the one with ‘deepest pocket’ The choice of defendant is often influenced by the insurance position.
Deep vein thrombosis (DVT)
Potentially fatal formation of blood clot within a deep vein, usually in the lower limbs. Limited movement in cramped conditions, e.g. long haul flight conditions, appear to be the main cause. Air passengers making personal injury claims have to overcome the Warsaw Convention that limits compensation to ‘accidents. There is no definitive answer in English law as to whether DVT is caused by an ‘accident’. Adopting the approach in Air France v. Saks (1985), a US case, a High Court decision (2002) held DVT not to be an accident for the purpose of the Convention.