Insurance Facts – Spontaneous Combustion

Insurance Facts – Spontaneous Combustion

by photo Insurance Facts – Spontaneous Combustion 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 the words “including self-ignition” embraced damage resulting from spontaneous combustion. It commented that the policy extended the coverage beyond the ordinary meaning of the word fire and included the process before actual ignition takes place. The court looked at various definitions of ignition and spontaneous combustion. It adopted a definition of ignition as being the act of kindling or setting on fire; the act of operation of communicating...
Insurance Issues – Contamination – Part IV

Insurance Issues – Contamination – Part IV

by statefarminsurance.maryland Insurance Issues – Contamination – Part IV 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, the court decided that if contamination had two equally familiar meanings then the clause excluded loss caused by the substance being materially altered by contamination and also where the usefulness of the property has been affected by the introduction of a foreign substance, and found against the assured.   It is often a fine distinction to draw between whether the proximate cause is in fact the contamination of the insured property or the introduction of the foreign substance which may be caused by some accidental event—hence, the addition of the provision to some contamination and pollution clauses as referred to above. In the the case of Raybestos—Manhattan Inc. v. Industrial Risk Insurers (1981), the assureds heptane tank was mistakenly filled with fuel oil creating a mix of fuel oil and heptane resulting in damage. The court found that, although contamination was excluded, the proximate cause of loss was in fact the unintentional filling of the tank with the wrong substance, which was not excluded even though the cause produced a loss by contaminating the tank.   Some of the contamination exclusions also make reference to a change in colour, flavour, texture or finish or, alternatively, it is an...
Insurance Issues – Contamination – Part III

Insurance Issues – Contamination – Part III

by CA Dept of Insurance Insurance Issues – Contamination – Part III 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 expansion caused by internal force or pressure which may be and usually is accompanied by some noise”. The court found that there was no proof that the pressure within the coils was the cause of the escape of the ammonia.   The policy defined contamination as “… a condition of impurity resulting from a mixture or contact with a foreign substance…” which the court found was consistent with the definition in Webster’s New International Dictionary* In this case the goods had been contaminated by ammonia gas and an explosion had not occurred.   The definition of contamination in the Oxford English Dictionary is “… to render impure by contact or mixture—to corrupt, defile, pollute, sully, taint or infect…”.   In the case of HUG Incorporated v. St. Paul Fire & Marine Insurance Company, 391 F2d Series, 924 (1968), electro mechanical relays were being subjected to heat and a vacuum inside an oven in preparation for the introduction of a preservative gas when they became contaminated by oil vapour which had entered the oven. As a result the internal and external surfaces of the relays became coated with...
Health and Money: Disability Insurance

Health and Money: Disability Insurance

by CA Dept of Insurance Health and Money: Disability Insurance I asked Kristi (a 32 year old woman who suffers from an extremely rare, serious and disabling neuromuscular disease called Stiff-Person Syndrome (SPS), as well as Myasthenia Gravis and Gastroparesis) while I had her on the phone, “If she knew then, what she knows now, what would she do differently?” One of the first things she said was to make sure everyone had disability insurance. No one wants to think about being disabled, however, the reality is one third of all American’s between the ages of 35 and 65 will become disabled for more than 90 days, according to the American Council of Life Insurers. What’s worse is that one in seven workers will be disabled for more than five years. This is not normally caused by a freak accident, most of the time it is caused by illness. Disability insurance replaces a portion of your income if you become disabled and are not able to work. Check with your employer, they usually offer a group plan that will replace up to 60% of you salary. Supplemental plans and individual policies will usually cover more. Benefits usually last for a set number of years or until you reach retirement age. Long-term disability plans vary quite a bit. Some are wonderful and pay benefits when you need them. Others are very difficult to work with. Usually this is tied to the amount you pay for the premium monthly. Some of the cheaper ones you may inevitably find worthless. If you are employed, you should find out if your employer provides...
Insurance Issues – Civil War – Part II

Insurance Issues – Civil War – Part II

by Hugo-90 Insurance Issues – Civil War – Part II Finally, when dealing with the character and scale of the conflict, was it necessary for each faction to hold a specific portion of territory? Probably not. although it was certainly a factor to take into account together with:   – the number of combatants;   – the number of casualties, military and civilian;   – the amount and nature of the armaments deployed;   – the relative sizes of the territory occupied by the opposing sides;   – the extent to which it is possible to delineate the territories as occupied;   – the degree to which the populace as a whole is involved in the conflict;   – the duration and degree of continuity of the conflict;   – the extent to which public order and the administration of justice have been impaired;   – the degree of interruption to public service and private life; whether there had been movement of population as a result of the conflict; and   – the extent to which each faction purports to exercise exclusive legislative administrative and judicial powers over the territory which it controls.   Did, therefore, the circumstances existing in January 1976 at Lebanon amount to a civil war?   The court decided that no faction was engaged in a struggle to seize power by violence as at that date. Partition was not a live political issue and the institutions of state were not under violent attack.   There was not a concerted effort to change the constitution by force, and therefore civil war did not exist in its...
Student?s health Insurance

Student?s health Insurance

by Thomas Hawk Student?s health Insurance In the contemporary world more and more people attention regarding their professional experience and have a yearning to enrich their professional skill and skills. You can find extra details here http://introductiontoliterature.com. On this logic they try to last their learning and hear university grade, as those people, who have good educational background have better career opportunities, intensity of salary and fill more interesting positions. The contribution into the learning is the best investment. But there are many types of the studying expenses, such as accommodation, transportation, living expenses, schooling and book fee and cover. Unfortunately, mass of the students cannot protect all such types of expenses excluding additional pecuniary aid. So the students have to utilize for the receiving of the student`s scholarships, grants and loans. health cover is one of the more steep things. Some students are constant, that they are immature and nothing can ensue using their strength, but it is not genuine. The life is unpredictable and there are many unexpected trial. One nocturnal in the hospice excluding checkup cover can charge regarding $ 1 000, so the students have to attention regarding their cover plan beforehand. The students have today thick choice of wealth and apiece self can desire an appropriate cover deal, which will encounter all individual requests, requests and requirements. The highest aim of the students is to find the cover arrange which is the cheapest. But they have to look for such arrange, which will bestow the best rest of charge, value and coverage. commonly in apiece educational institution there are unusual departments which bestow the...