Implied conditions/terms

Contractual terms that by law are tacitly binding and do not have to appear in the contract. Conditions can be implied by statute (e.g. Sale of Goods Act 1979). The following conditions are implied in insurance contracts: (a) that the subject matter of insurance is in existence at the date of effecting the policy; (b) that the insured has an insurable interest; (c) that the parties observe utmost good faith towards each other at all material times and in all material particulars; and (d) that the subject matter of insurance is so described as to clearly identify it and define the risk undertaken by the insurers.

Importation of average

A clause in a policy, not subject to average, whereby average can be imported if the policy is liable for a loss also covered by another policy that is subject to average. The policies then contribute on an equal footing.
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A condition in a policy whereby if a claim is covered by two policies one of which is expressed as subject to average and one not, the latter is made subject to average I like manner.

Improvement notice

Issued by HSE inspectors ordering that Health and Safety at Work, etc., Act 1974 contraventions be remedied within a specified time. The notice is served on the person deemed to be contravening the legal provision, or on any person on whom responsibilities are placed, e.g. an employer, an employed person or a supplier. The person may be prosecuted instead of, or in addition to, being served with a notice. Insurers usually provide cover in respect of prosecution defence costs.

Imputed knowledge

Knowledge of one party that is deemed to be possessed by another because of their relationship. An insured may wish to impute knowledge to the insurer on the grounds that their agent actually possesses that knowledge. In insurance, the position is complicated because for some purposes the intermediary acts as agent of the insurer while for others (e.g. carrying out instructions to effect the insurance) he is agent of the insured. The party relying upon the doctrine of imputed knowledge must prove the existence of an agency in relation to the point at issue.