
Legal Jargon Explained
- Betterment
If a company replaces property on a new for old basis, this is a form of betterment, in other words the insured is in a better position after a claim than before it. True indemnity would require a deduction to be made for betterment.
- Caveat Emptor
Let the buyer beware.
- Condition of Insurance
Something which goes to the root of the contract, if broken, the contract can be repudiated.
- Contribution
When several insurers cover a risk & all make contributions to the cost of claim.
- Cover Note
Temporary form of cover until contract terms have been agreed.
- Disclosure
It is the duty of the insured to disclose any material facts to the insurance broker.
- Excess
The amount you must pay towards any claim.
- Fault/Non-Fault ClaimThe terms fault and non-fault can be confusing. A non-fault claim is simply a claim where we are able to recover all our costs from someone else. If we are not able to recover all our costs, then it is a fault claim even if you didn't cause the claim to happen.
- Indemnity
Exact financial compensation sufficient to place the insured in the same financial position after a loss as he enjoyed before it occurred.
- Insurable Interest
In order to insure something, you must have a particular interest in the subject matter.
- Insurance Contract
A contract is a legally binding agreement enforceable at law made between two parties whereby one party pays the premium and the other undertakes to pay a sum of money following the occurrence of a specified risk.
- Material Facts
Anything that would influence a prudent underwriter in fixing a premium or deciding whether to write the risk.
- No Claims Bonus
A discount you get for not making any claims during an insurance year.
- Non-Disclosure
Where an insured does not disclose a material fact.
- Policy
The policy is not the contract, the contract is the invisible agreement entered into by the parties and the policy is merely the evidence of the contract.
- Policy Schedule
Document showing the car you are insuring and the cover you have.
- Subrogation
The insured is entitled to indemnity but nothing more than that.
- Territorial Limits
Generally Great Britain, Northern Ireland, the Isle of Man and the Channel Islands, including travel between any of these.
- Third Party
This is someone or an organisation other than you and your insurer.
- Total Loss/Written-off
When we decide your car is uneconomical to repair following an accident, theft, or when your car is stolen and recovered and if:
it is impossible to repair
it isn't safe to repair
- Utmost Good Faith
Special insurance term that the insurer believes that the insured has disclosed everything so that they enter into a fair deal (the insured knows everything about himself & the insurer nothing).