Process by which organic matter and soluble pollutants is washed out of a layer of soil, or dumped material, by percolating rainwater. Causes pollutants to enter the ground and groundwater. It causes gradual pollution (insurable only under environmental impairment liability cover). The material washed out is called leachate.
Tag: UK
Leading underwriter
in the Lloyd’s market, one of the experts in a particular type of business; a broker seeing cover presents the slip in the first place to a leading underwriter who sets the premium and signifies the extent of participation in the risk by syndicates on whose behalf he/she is authorised to accept risks; other underwriters are obliged to follow the lead as regards the rate of premium.
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The underwriter of a syndicate or insurance company who is responsible for setting the terms of an insurance or reinsurance contract that is subscribed by more than one syndicate or insurance company and who generally has primary responsibility for handling any claims arising under such a contract. Where an insurance or reinsurance contract that is underwritten by more than one syndicate Xchanging Claims Services normally acts as the representative of the following underwriters as regards the agreement of claims under the contract. In certain situations a managing agent of a following syndicate will be appointed together with Xchanging Claims Services to represent the following underwriters. However some matters require to be referred to all the following underwriters on risk and an insured may always insist that its claim is shown to each following underwriter.
Leading underwriter agreement
An agreement that allows for certain changes in conditions to be agreed by the leading Underwriter without the agreement of all subscribing Underwriters. The LUA is being superseded by the General Underwriters Agreement although it remains possible to incorporate the LUA into the new LMP slip. See GENERAL UNDERWRITERS AGREEMENT.
Leading underwriter/insurer
1. Lloyd’s underwriter or company recognised as a specialist or as having the greatest capacity in a particular class of business. They are first to take a portion of the risk and quote a rate of premium. Other underwriters follow by accepting portions of the risk. On large risks it may be necessary to select two/three specialist leaders. 2. The insurance company on a coinsurance policy who has accepted the largest share of the risk and accepts responsibility for the survey and administration of the insurance.
Leakage
1. Marine policies cover leakage caused by maritime perils. Leakage may also be an insured peril but this will not include loss from ordinary leakage occurring in liquids by evaporation, soaking into the container or other natural causes except to the extent that the loss of liquids (e.g. palm olives or molasses shipped in bulk) exceeds a certain amount or percentage. This is known as ullage. 2. Household. Leakage of oil from any fixed heating installation under both buildings and contents insurances is covered.
Leasehold redemption policy
See: Capital Redemption Policy.
Left unattended
Goods in transit term restricting cover when vehicles are left unattended. Whether a vehicle is left unattended is a question of fact. A vehicle was held to be unattended when its driver was in a shop for 15 minutes quite unable to watch over the vehicle. In Starfire Diamonds v. Angel (1962) 2 Lloyd’s Rep. 213, the Court of Appeal held that a car was left unattended when the driver left his car in a lay-by while urinating behind some bushes 37 yards away. He saw a man on the far side walking away with a suitcase from the car but was not in a position to attempt to frustrate any attack on the vehicle. See ORDINARY MEANING RULE.
Legal assignment
An assignment that permits an assignee to sue in his own name. The Policies of Assurance Act 1867 allows the assignee to sue on the policy provided he has given notice to the insurer in writing. The policy must be endorsed or the assignment must be by separate instrument. See EQUITABLE ASSIGNMENT.
Legal costs extension
A liability policy clause indemnifying the insured against his own defence costs if incurred with the insurer’s consent. These costs are borne by the insurer in addition to damages and claimants’ costs tha are subject to the specified limit of indemnity. The legal costs form a part of the indemnity limit only if the limit is costs inclusive.
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The extension of a liability insurance to provide for the payment of the insured’s legal costs in litigation other than the defence of the insured against claims arising under the liability insurance (which costs are commonly covered by the insurance in any event).
Legal expenses insurance
An insurance for individuals, families and businesses to enable them to meet the cost of defending or pursuing certain civil actions. Cover is also available for defending prosecutions and allowance is made for attendance expenses in connection with court hearings or similar proceedings. See COMan MERCIAL LEGAL EXPENSES; MOTOR LEGAL EXPENSES.
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A group form of insurance which provides members with legal services paid for on a schedule basis. Similar to Dental Insurance.