All of the goods stored in the room became unfit for human consumption as a result of contamination from the ammonia. The ARPI policy excluded contamination unless caused by or resulting from loss of or to the property covered by explosion. It was argued that the contamination was caused by an explosion and the court adopted an earlier approved definition of explosion, namely u...a sudden, accidental, violent, bursting, breaking or...more
The assured argued that "contaminate" meant introducing foreign substance thus effectively creating a different substance. It conceded, however, that a product is also referred to as contaminated when the foreign substance merely injures its usefulness without affecting the original physical characteristics. It was argued that this created an ambiguity and therefore the policy should be read in favour of the assured. However,...more
Some, but by no means all, ARPI policies contain a clause excluding spontaneous combustion, namely a fire brought about by the conditions produced within the substance itself. The key element to spontaneous combustion is the creation of a fire without obvious external factors. Therefore, there have been doubts as to whether or not an insurance policy would cover such a loss, even if it was not specifically excluded. In other words, is spontaneous combustion a type of inherent vice and not created by the interaction of external forces? It is suggested that spontaneous combustion can only take place if certain conditions occur, such as an increase in heat. Therefore, to that extent, spontaneous combustion is not inevitable and relies upon certain favourable conditions existing. In the case of Duncanson v. Continental Insurance Co., 69 DLR 4th 198; 20 ACWS (3d) 564, the Nova Scotia Court of Appeal was required to decide whether the expression in the policy "including self-ignition" enlarged the meaning of the word "fire" so as to include spontaneous combustion even when there was no fire. When heat was spontaneously generated by the cargo the Court of Appeal found that...more
There is a degree of overlap again between riot, civil commotion and terrorism, but terrorism is considered separately in that, again, it has a somewhat different history of coverage under All Risk Property Insurance (ARPI) policies. Since the mid-1970s most ARPI policies have contained an exclusion for losses occurring in Northern...more
A dramatic change in the market took place following the massive explosion that had occurred in St Mary Axe in 1992 resulting in damage to the Commercial Union building and other buildings in the City. At the end of 1992 the reinsurance market withdrew cover for terrorism leaving many direct insurers exposed and being required to...more
The Chambers Concise Twentieth Century Dictionary defines terrorism as "an organised system of intimidation especially for political ends". Lastly, the Concise Oxford Dictionary describes a terrorist as "a person who uses or favours violence and intimidating methods of coercing a government or community". The Prevention of Terrorism (Temporary Provisions) Act 1989 states in section 20 that terrorism means "the use of violence for political ends, and includes any use of violence for the purpose of putting the public or any section of the public in fear". The ABI, in determining the extent of the suggested exclusion to be employed in relation to terrorism, defined terrorism as: "any act of any person acting on behalf of or in connection with any organisation with activities directed towards the overthrowing or influencing of any government dejure or de facto by force or violence." This latter definition seems to require the terrorist to be part of some organisation with political motives. Therefore, it may not cover, for example, animal rights campaigners. Although part of their motivation may be to influence the government, their main aim is direct action against...more
Without such public declarations, the identity of the target may be an indication of whether the motive is specific or whether it has political motivation—is the intention to influence the individual or the government? If, for...more
When purchasing commercial vehicle insurance there are many different options to choose from, do you need breakdown insurance, towing insurance or windscreen insurance? These different commercial van insurance extras will affect how much you pay for...more
With so many insurance companies in the United States today, choosing the one that suits best your needs can be a puzzling decision to make. So once you have decided to buy an insurance policy, how do know if the insurance provider is the right one....more
So your on the market for ipod touch insurance of blackberry insurance? If so, then you will find the information presented herein to be very helpful. There are numerous attributes and qualities that you should be looking for in an...more
At the end of July 2010, it was confirmed by the Transport Secretary Philip Hammond that from January 2011 motorists will receive up to £5,000 towards the purchase of an ultra-low carbon car. The initiative is open to both fleet and private...more
Around 20 years ago, a game came out on the popular gaming platforms of the time, called Sensible Soccer. That name could be applied, now, to the football insurance policies promoted by sports insurance legends Lockton Sports, who have been providing...more