Commercial policy clause requiring that all or specific protections agreed at the commencement of the policy be maintained in full and efficient working order throughout the currency of the policy. If the clause is interpreted as a warranty, the cover terminates from the date of breach and the insurer does not have to show a cause and effect relationship between a breach and a loss. In some instances the breach has been held to be a suspension of cover so that when compliance is resumed subsequent losses will be covered. See DESCRIPTION OF RISK CLAUSE.
Tag: UK
Protest
A marine insurance claims document in the form of a statement sworn by a ship’s master before a notary giving details of the casualty. He ‘protests’ innocence of blame for loss or, or damage to, the ship or cargo. If fuller information is required, a further statement, an extended protest, is made.
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Customs allows for a refund of an over payment of duty if filed within 90 days of liquidation.
Protracted default
Credit insurance term describing a long overdue payment, e.g. failure by a debtor to pay the insured within 90 days of the due date. Protracted default is an insured event.
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Credit Insurance protects the creditor against non-payment of a sum due, whether the nonpayment arises from insolvency on the part of the debtor or his failure to pay over a substantial period, usually 90 days after due date. This latter is called protracted default.
Provision
UK: 1. An amount retained as reasonably necessary to provide for asset depreciation, or any liability or loss which is likely to be incurred. 2. In a pensions context, the unfunded obligation to provide employees’ pensions and shortfall of funding payments over the amount calculated by the actuary as being his estimate of the costs of providing pensions. Pensions costs in employers’ accounts should be actuarially assessed and included in the employer’s balance sheet under ‘provisions for liabilities’ as ‘pensions and other similar obligations. 3. Term in a policy, contract or statute.
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MEDICAL,USA: Section of an insurance contract describing in detail a benefit, condition, feature, or requirement of the policy. Also called clause , insurance clause, or insurance provision.
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UK,REFERENCE: See: reserve.
Provision and Use of Work Equipment Regulations 1998
See: PUWER 1998.
Provision for unearned premium
See: UNEARNED PREMIUM.
Provisional damages
Where there is a chance that, in the future, an injured person will suffer serious deterioration in his condition, the court is empowered to issue a declaratory judgment, which, in the event of such deterioration, enables the plaintiff to apply for a review of the original award. Where the declaration is made, the damages awarded are provisional.
Provisioning risk
The risk that insurance company accounting provisions may be set at a lower level than is actually required. It misleadingly enhances the company’s financial situation upon which inappropriate underwriting decisions could be made. The capital available may not be sufficient to support the type or level of business that is accepted.
Proviso clauses
Any term or clause in an insurance policy that describes its benefits, cover stipulations, conditions, limits or exclusions.
PRU
See: Integrated Prudential Sourcebook.