A contract is voidable if one party has the option of treating it as void. If he elects to treat it is as binding, then both parties will be bound. Insurance contracts secured by the insured’s misrepresentation or non-dis closure are voidable at the insurer’s option.
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A contract which may be voided at the option of either party. For example, an insurer may avoid a policy from inception for the misrepresentation or non-disclosure of material facts during the negotiation of the placement, renewal or alteration of cover. A insurer may also avoid a policy from the date of the presentation of a fraudulent claim.
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US, MEDICAL: Insurance agreement that is no longer valid because it was canceled by one or more parties (insured or insurance company).
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(i) A contract which one party can choose not to enforce. (ii) contract of Insurance or Reinsurance in respect of which the underwriter has the right to repudiate liability on the grounds of a breach of good faith by the insured or Reinsured, or in the case of a voyage Policy, where the voyage has not commenced within a reasonable time after the risk was written.
Tag: UK
Volenti non fit injuria
To him who is willing there can be no injury.’ No action in tort is sustainable by a person who has expressly or impliedly assented to the risk, i.e. he cannot enforce a right that he has voluntarily waived. There is no consent when a person acts under a moral or legal constraint or when rescuing a person endangered by a third party’s negligence.
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To him who is willing there can be no injury. If a person voluntarily consents to a risk, he has no right of action against anyone for injuries suffered as result of his actions.
Volume risk
The effect of demand for a product or service on revenue. Energy sector sales fall during warm winters regardless of price. Heating fuels are bought because it is cold not because prices are low. Weather derivatives are used as a hedge against the volume risk.
Voluntary assumption of responsibility test
Following Henderson v. Merrett Syndicates Ltd (1994), this test has been accepted as the correct basis of liability where issues of a duty of care and economic loss arise as they do in professional negligence cases. The giving of advice and providing a service call of a duty of care when the party concerned assumes or undertakes a responsibility to another. In this case the managing agents at Lloyd’s owed a duty of care to names who had suffered disastrous financial losses following the negligent management of the syndicates.
Voluntary contributions certificate
Issued by an FSAVC scheme to the member as evidence of his membership and contributions to the IR.
Voluntary excess
An excess for which the insured volunteers in order to get the benefit of a reduced premium.
Voluntary schemes
Pension, life insurance or other benefit schemes in which the members select the type and level of benefits they require from the range available. The members pay the contributions and premiums. The collective nature of affinity groups and trade unions means the members get better terms than they would as individuals.
Voyage policy
Marine policy covering the subject-matter from the port of departure to destination irrespective of any time element. In practice the Institute Cargo Clauses (Clause 8 the Duration Clause) includes a time element by a provision to extend cover to up to 60 days after discharge from the vessel.
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A marine Insurance Policy to cover a specific voyage. Also, a clause in Ocean Marine policies specifying the period of tie of the number of trips that may be grouped together as one voyage.