Delay

1. An insured event under a travel insurance policy paying agreed sums if the insured’s holiday departure is delayed as a result of specified occurrence, e.g. industrial action, adverse weather, aircraft breakdown, etc. 2. Late arrival of cargo at destination caused by adverse weather, mechanical breakdown or some other reason. The marine extension clause (8.3, Institute Cargo Clauses) extends the warehouse to warehouse clause to provide continuous cover during any deviation, forced discharge, reshipment or trans-shipment or other interruption beyond the control of the insured. The clause extends existing cover during the delay but does not add ‘delay’ as an insured peril so loss of market, etc., will not be covered.

Delayed turnover

Postponed trade that a business interruption insurer is entitled to take into account when adjusting a claim. After trading is resumed, turnover may rise above the normal level due to postponed orders coming good. Provided this occurs within the maximum indemnity period the insurer can make due allowance in his calculation of the reduction in turnover. This adjustment is also called ‘clawback’.

Delegable duties

Where a principal delegates work to an independent contractor, and his duty in respect of that work is no higher than a duty to take reasonable care, his duties are ‘delegable’ and he discharges them by taking care to select a competent contractor. Certain duties are ‘non-delegable’.

Deliberate concealment

1. The deliberate concealment of a material fact by a proposer is a fraudulent breach of the utmost good faith. 2. Limitation Act 1980, s.2, defines the term as ‘the deliberate commission of a breach of duty in circumstances in which it is unlikely to be discovered for some time. The six-year limitation period runs from time of discovery of deliberate concealment with no long-stop provision. Professional negligence errors could go undiscovered for years, but the House of Lords rejected the view that an act of negligence could amount to deliberate concealment (Cave v. Robinson Jarvis & Rolf (2002)). A contrary decision would have meant open-ended liability for negligent professionals.