Doctrine of priority

The priority given to an assignee under the Policies of Assurance Act 1867 when a deed assigning a life policy has been executed and proper notice given. Until notice is given the assignee has no right to sue under the deed and the Act provides that the date on which notice is received shall regulate the priority of all claims – this is known as the doctrine of priority. See ASSIGNMENT.

Domestic boilers/domestic purposes

Boilers not used in trade processes but this does not preclude their use in business premises exclusively for domestic’ purposes such as central heating, supplying hot water for hand washing or use in the works canteen. The term is important as the standard fire policy provides cover for explosion damage caused by boilers used for domestic purposes only. In the same way the standard fire policy covers explosion caused by gas supplied for heating, etc.

Doomed from the start

Lord Fraser’s expression in the House of Lords case of Pirelli v. Oscar Faber & Partners (1983). Held: the cause of action, in property damage claims based on negligence, accrued at the time of the damage and not the time of discovery/discoverability for the purpose of the six-year limitation period. Lord Fraser qualified this by saying that a building could be so defective as to be ‘doomed from the start’ so causing the time to run from completion. Lord Fraser’s qualification created the risk that owners of properties with latent defects could run out of time even before sustaining or discovering damage. The Latent Damages Act 1986 remedies the problem.

Double endowment

Endowment insurance whereby the amount payable on maturity is twice the amount payable on death within the policy term. It combines an endowment insurance with a pure endowment for the same sum or is structured as a term insurance for a particular sum linked to a pure endowment for double that sum. It can be offered to impaired lives as an alternative to extra premiums.