Physical or mental condition preventing a person from undertaking ‘normal’ work duties or the ‘activities of daily life’. ‘Disablement’ or ‘disability’ is invariably defined in the policy. See DISABILITY 2.
***
In the case of injuries different kinds leading to different effects on the person could exist. The net result in these cases will be that the person is not in a position to attend to his normal occupation.
Tag: UK
Disablement benefit
The benefit payable under a personal accident or income protection insurance when the insured is either permanently or temporarily disabled. See PERMANENT DISABLEMENT; TEMPORARY DISABLEMENT.
***
Benefits payable in respect of disablement sustained due to accident, sickness etc. whether temporary partial, temporary total, permanent partial and permanent total under workmen’s compensation, health and accident Insurance. These benefits are payable either as a fixed percentage of capital sum insured on weekly basis or a fixed sum as per the provisions of the relevant policies.
Disaster recovery planning
Planning centred on what an organisation needs to do after the occurrence of an untoward event, such as a fire or loss of computing facilities. Disaster recovery is more concerned with the effects of an event and minimising its negative impact than dealing with the cause. See BUSINESS CONTINUITY MANAGEMENT.
Disbursements
Expenses incurred by the shipowner prior to sailing that will be ‘lost’ if the vessel does not complete its voyage. Disbursements comprise port expenses, bunkers, supplies, labour, customs fees, etc. Disbursements insurance pays for the ‘lost expenses’ if the vessel becomes a total loss before reaching its destination. See DISBURSEMENTS WARRANTY.
***
Marine term for expenses for certain labour and supplies which will be lost if a ship is sunk.
Disbursements warranty
Hull policy clause prohibiting the insured from effecting additional insurances, including total loss of hull and machinery, other than those specified in the clause. Breach of warranty is not held covered and discharges the insurer from all liability. The clause allows the shipowner to effect policies, not exceeding 25 per cent of the insured value on disbursements, increased value and anticipated freight. The warranty prevents the shipowner from fixing a low sum insured on the hull and simultaneously effecting cheap total loss only cover. Similar provisions apply to freight policies as they follow the settlements on hull policies in the event of total loss.
Discharge
1. A receipt given by a policyholder to acknowledge a loss payment and that he has no further claim on the insurer in respect of that loss. In third party claims, the insurer pays the claimant and obtains an acknowledgement to absolve the insured from all future liability relating to the cause of action concerned. 2. Unloading cargo from a vessel.
***
A form of receipt given by a claimant, acknowledging that- he has no further claim in respect of the happening or accident concerned.
Disclaimer notices
Notices displayed in public access premises such as hotels, garages, etc., or where property is left. The bailee or occupier of premises may seek to exempt or restrict liability for loss or damage to property or personal injury. The Unfair Contract Terms Act 1977 prohibits businesses from exempting their liability for death or injury resulting from negligence. Exemption of liability for loss/damage to property resulting from negligence is allowed if reasonable, but the disclaimer notice will not be effective unless it has first been brought to the attention of the bailor or other party.
Disclosure
UK: 1. Requirement under PA93 and PA95 to disclose information about pension schemes to interested parties. The principal regulations are the Occupational Pension Schemes (Disclosure of Information) Regulations 1996. 2. FSA rules that require an exempt professional firm, before it provides a service that includes carrying on a regulated activity, to disclose in writing to the client that it is not authorised under FSMA. 3. The FSA obliges life insurers to advise individual policyholders that they may purchase their annuity from a different life office via the open market option. Also life policyholders requesting surrender values must be told that they may be able to sell their policy (see TRADED ENDOWMENT POLICIES), 4. FSA disclosure rules concern charges, remuneration and commission (Conduct of Business Rule 5.7). They oblige advisers to make consumers buying retail investment products (e.g. life insurance) aware of their status, the scope of their advice, a clear explanation of the costs of the products so that easy comparisons can be made and nection the advisers may have to the providers. An initial disclosure document must be given at the initial point of contact and a repeat disclosure document when a product is recommended. Independent advisers have to offer the option of payment by fee rather than just commission. See UTMOST GOOD FAITH; STATUS DISCLOSURE; PRODUCT DISCLOSURE; DISCLOSURE OF BASIS OF ADVICE.
***
A stage in legal proceedings at which the parties to a suit must disclose to each other documents in their respective possession.
***
MEDICAL,USA: Release or divulgence of information by an entity to persons or organizations outside of that entity.
***
The duty of an applicant and his broker to tell the underwriter every material circumstance before acceptance of risk.
Disclosure of basis of advice
The ICOB requirement that during the sales process an intermediary must disclose whether he advised, or provided information, on an insurance contract on the basis of: a fair analysis of the market; a selection from a limited number of insurers; or products from a single insurer. A ‘fair market analysis’ requires the intermediary to analyse a sufficiently large number of insurance contracts in the relevant market sector to allow it to give advice or information that is ‘adequate’ to meet the customer’s needs. Third party intermediaries must comply whether selling to retail or commercial customers (large risks excepted), but insurers only have to comply with this disclosure if selling to retail customers. See also ADVISING AND SELLING STANDARDS.
Disclosure of interests
The manager and executives of a Lloyd’s underwriting agency, which provides recruitment and administration services for a syndicate, must disclose their interests in the insurance transactions of the syndicate in the annual report. A similar disclosure is also required of members’ agents.