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INDEMNITY
A fundamental principle of insurance based on fairness. The law of Indemnity
says that you can only recover on an insurance policy what you have actually
lost, no more no less. In practice most claims are settled by the payment of
cash. The amount is however agreed with you as being the value of your loss.
There are various insurances that modify this principle both to your advantage but also negatively. Refer to the note on
"Excesses" or "Deductibles". If in doubt, please discuss your requirements with us.
INSURABLE INTEREST
Insurable interest is a basic requirement of any contract of insurance; it
can be defined as the legal right to insure arising out of a financial
relation-ship, recognized at law, between the person insured and the
subject-matter of insurance. This relationship is assumed to be one
where you benefit from the safety of the subject matter of the contract
or will be prejudiced by it loss or damage. The subject-matter of the insurance
contract is the name given to this pecuniary interest which a person has in property that can be lost or damaged or legal
liability that can arise for an accident to a visitor due to a defect in premises.
INSURANCE ACT
This is the Statute that regulates the conduct of insurance in the Cayman Islands.
INSURANCE - LEGAL PRINCIPLES
These will be found elsewhere in these notes and include "Insurable Interest", "Indemnity",
"Utmost Good Faith", "Contribution", "Subrogation" and "Proximate Cause".
INSURERS
These are the companies, registered under the Insurance Act, who actually
carry the risks that you insure and who are responsible for paying claims.
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LARCENY
Similar to theft, legally used to describe the act of taking property which does not belong to you
whilst you are lawfully on the premises which contains the property, without any violent or forcible entry.
This risk is not always covered on insurance policies. If it is a serious risk for you, please discuss it with us.
LEGAL FEES
Insurances on legal liabilities frequently require the intervention
of a lawyer and sometimes litigation. Insurers will meet the necessary legal fees where they have agreed that
they are necessary. However, the customer does not have the right to engage a lawyer and send the bill to Insurers.
LIABILITY
This means responsibility, usually of a legal kind, where you have caused injury or
damage to another by some act of carelessness. Liability insurances are designed to
protect you against the different ways in which liability can arise. These include Public,
Products, Employers and Personal liabilities. Please refer to separate notes on these.
LIMIT OF INDEMNITY/ LIMIT OF LIABILITY
This is the maximum amount that your Insurers will pay for any one
claim or number of claims arising from one insured. Its application
will vary on different policies; it is most common on insurances that cover your legal
liability. We can advise you on desirable limits to protect you, based on current Court awards.
LOCAL MARKETS
When brokers or insurers use this term they mean the Caymanian insurance market as opposed to the
international or overseas markets, such as London, that are used for some very large risks.
LOSS CONTROL
This is a popular expression for
inspection of risks, such as factories, by insurers in
connection with their underwriting to establish the premium to charge.
MALICIOUS DAMAGE
Damage to property caused by someone other than the person who is insured which
is done deliberately to cause damage or destruction. Normally covered on modern property insurances.
MACHINERY BREAKDOWN
A type of insurance used mainly for production machinery in factories. It is additional to the
normal cover on damage that is available. As its name suggests it insures the damage caused by
unforeseen breakdown of a machine. It does not cover lack of maintenance or normal wear and tear.
Cover is also available for some of the consequential losses following breakdown.
MARINE
The oldest form of insurance which is concerned mainly with the insurance of vessels that travel on water and their cargo.
MATERIAL DAMAGE
This is a general term used by Insurers to refer to physical damage to property by the various risks that may be insured.
MEDICAL
As part of Health insurance schemes certain specified Medical costs are insured. Sometimes referred to as medical benefits.
MOTOR
A class of insurance that includes private cars, motor cycles and commercial vehicles of all types.
There are different levels of cover available. We can advise on suitability and cost for you.
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OVERSEAS MARKETS
As opposed to our local markets it is sometimes necessary, with official permission, to arrange insurances on one of the
international or overseas markets, such as London or New York.
PENSION
Retirement plans or savings schemes are known as pension insurance. They provide
benefits at a specified time in the future. They are frequently arranged, for example
as a group pension plan to lock in the benefits so that the beneficiary,
after a certain period, can only take the benefits at retirement age.
PERSONAL ACCIDENT
A type of insurance, often added as an extra benefit to other insurances whereby benefits
are provided for accidental death, disablement and long and short-term disability.
Does not cover sickness, which is a different type of insurance.
PRODUCTS LIABILITY
This is a branch of legal liability insurance that relates to products that you manufacture, sell or supply.
PROXIMATE CAUSE
If you wish to claim on your insurance policy the loss
or damage must be "proximately caused" by a risk that is insured. Think
of a line of dominoes standing up face to face. If you push the first
one it will knock over the second one and you will have set of a chain
reaction. As long as the first action in the chain is covered all
subsequent damage will be covered too. There are some exceptions; here
you must consult us for precise advice, relevant to your situation.
PUBLIC LIABILITY
An insurance that protects you against your legal
responsibility for injury to other people or damage to their property.
There are several different policies designed to meet specific needs,
business, professional and personal. They usually include legal costs
related to an action against you for which your policy provides
protection. We can advise you as to which one is appropriate for you.
PREMIUM FINANCING
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