subject: Insurance Issues - Rebellion And Insurrection & Hostilities And Warlike Operations [print this page] Rebellion and insurrection
The court relied upon the definition of rebellion as described in the Oxford English Dictionary as: "Organised resistance to the ruler or government of one's. country; insurrection, revolt." Although there may be a lesser degree of organisation required of insurrection, both required a motivation which included the overturning of the government in situ. The circumstances in Lebanon did not constitute either an insurrection or rebellion. There is a possibility you may ask yourself: "Did the intent to override the government depend upon some objective test (for example, whether there is any likelihood of the action succeeding in overthrowing the government) or did it merely require the active parties concerned to subjectively hold that intention? There is no English authority, but certainly the Pan American Case suggested that it was the subjective intention of the activist which was in fact important.
Hostilities and warlike operations
So far as hostilities are concerned, they would probably include:
- the operations of war committed by combatants;
- the operations of war in the course of a civil war; and
- possibly an organised armed rebellion.
It is almost common knowledge these days the fact that warlike operations were given a somewhat wider meaning but still had to be connected to the belligerent actions of the belligerent forces. It may be a precursor to the actual war itself but there must be some connection and, again, the court decided that the events in the year of 1976 in Beirut did not constitute either hostilities or warlike operations.
Insurance Issues - Rebellion And Insurrection & Hostilities And Warlike Operations
By: Willis J. Watson
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