Employers’ liability policy clause that brings liability for injury to the proprietors of a partnership within the policy. If a partner is injured at work due to the negligence of an employee or another partner, a standard employers’ liability policy will not operate but the clause brings such injury into the policy subject otherwise to its terms and conditions. Consequently the premium is calculated as if all partners were employees, i.e. their earnings must be included in the estimate and declarations relating to wages and salaries.

A theory seeking to trigger a long-tail injury (e.g. asbestosis) only into those losses-occurring liability policies or policy periods during which there was actual occurrence or development of the injury. It ignores exposure to the risk of injury and the manifestation of it. No liability is attached to policies in force during which there was no progression of the injury but the theory is difficult to apply. See TRIPLE TRIGGER THEORY.

The contribution and benefit limits that must not be exceeded under approved pension schemes, which receive valuable tax relief. Contributions, including AVCs, cannot exceed 15 per cent of annual earnings before deductions for tax and national insurance. For members joining after May 1989 the earnings themselves are subject to the earnings cap. The maximum pension benefit under approved occupational schemes, defined benefit or defined contribution, is the same, i.e. two-thirds of final remuneration.

Took over responsibility for pensions work, including personal pensions, from the Pensions Schemes Office in April 2001. IRSPSS is also responsible for savings products, employee share schemes and any continuing MIRAS issues.

Defined in the Hotel Proprietors Act 1956, s.1(3), as a hotel, i.e. ‘an establishment held out by the proprietor as offering food, drink and, if so required, sleeping accommodation, without special contract, to any traveller presenting himself who appears able and willing to pay a reasonable sum for the services provided… and who is in a fit state to be received’. The words ‘without special contract’ are important and mean that an ‘inn’ is any establishment ‘open to all and sundry’, i.e. it does not pick and choose its guests. The proprietor assumes special legal responsibilities (see INNKEEPER’S LIABILITY). For legal purposes hotels are either inns or private hotels.

The proprietor of an inn.

An innkeeper has a legal duty to provide food and accommodation to anyone who appears able to pay and is in a fit state to be received, provided facilities are available. The innkeeper’s liability for property belonging to a guest (someone who has booked sleeping accommodation) is strict but provided the notice in the Schedule to the Hotel Proprietors Act 1956 is displayed the strict liability is limited to £50 any one article and £100 any one guest. The limits do not apply if the innkeeper has been guilty of negligence or other fault or the property was deposited for safe keeping. There is no liability if the guest caused the loss. Other customers are mere travellers and liability for their effects is governed by ordinary legal rules.

Acceptance of insurance or reinsurance business at very favourable but inadequate rates without a proper study or understanding of the risks involved. New and inexperienced insurers have been accused of providing innocent capacity and the naive acceptance of whole portfolios of business.

Unintentional supply of misleading information relating to a material fact in breach of the duty of utmost good faith. Where the insurer exercises the right of avoidance ab initio, the risk does not attach and the full premium must be returned. Under industry code of practice, insurers agree not to avoid policies issued to private individuals where the innocent misrepresentation is in the nature of a technicality.

Judicial enquiry before a jury into any matter, particularly violent or sudden deaths. Liability insurers pay for the solicitor’s fee for representation at any inquest or fatal enquiry where the liability for the death may be the subject of indemnity under the policy. The insured (or his legal personal representatives) must give immediate notice once they have knowledge of an impending inquest or fatal enquiry. Proper representation of the insured is important and the insurer can also obtain copies of the coroner’s depositions.