Disability

UK: 1. Disability Discrimination Act 1995 defines it as an impairment that is either physical or mental adversely affecting the person’s ability to carry out day to day activities. The adverse effect must be substantial and long-term. 2. Under income protection insurance and other health policies disability definitions are related to occupation. Disability could mean the inability of the insured to carry out (a) his own occupation; (b) any occupation for which he is suited by education, training and experience; (c) any occupation; or (d) specific tasks as defined in the activities of daily life or activities of daily work.
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MEDICAL,USA: 1. Impairment, loss of function (mental, physical, social), and inability to work either temporarily or permanently due to an injury or sickness. There are varying types (functional, occupational, learning); degrees (partial, total); and durations (short-term or long-term temporary, total, permanent) of disability. 2. For Social Security purposes, the inability to engage in substantial gainful activity by reason of any medically determinable physical or mental impairment that can be expected to result in death or to last for a continuous period of not less than 12 months. Special rules apply for workers aged 55 or older whose disability is based on blindness. The law generally requires that a person be disabled continuously for 5 months before he or she can qualify for a disabled worker cash benefit. An additional 24 months is necessary to qualify under Medicare. 3. In workers’ compensation cases, a condition that renders the insured employee incapable of performing one or more of the duties required by his or her regular occupation. 4. In disability insurance, the definition of disability is variable. Some policies pay benefits if the individual cannot return to the exact occupation he or she had before. Some pay only if the individual cannot do any job for which he or she is reasonably qualified. Some policies pay if the person has been disabled by an accident and not by illness. Some policies have several tests to determine whether the insured is disabled according to the policy.
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A medical condition or psychological affliction that limits the individual’s capability to engage in everyday activities. This may be a temporary or permanent circumstance.
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A physical condition which makes an insured person incapable of doing one or more duties of his occupation.
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US: A physical or a mental impairment that substantially limits one or more major life activities of an individual. It may be partial or total. (See Partial Disability; Total Disability.)
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Takes several forms and would depend upon the terms of the individual Policy. Major areas are partial, which is found under accident and health Insurance, permanent partial, which is found under workmen’s compensation, accident and health Insurance, permanent total disability which is found under workmen’s compensation Insurance, accident and health Insurance. Also temporary total and temporary partial which are found under workmen’s compensation, accident and health Insurances.

Disability Discrimination Act 1995 DDA

aims to end discrimination against disabled persons in regard to: access to goods, services and facilities; buying or renting property; employment. It is unlawful to treat the disabled less favourably than others and it is now necessary to make reasonable adjustments in the way services are provided. From 2004, service providers will have to consider adjusting the physical features of their premises where they disadvantage the disabled using the service. The law applies to employers with 15 or more employees and to service providers. Discrimination is a source of claims under employment practices liability insurance. See DISABILITY 1.

Disablement

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.
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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.

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.
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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.
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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.
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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.