Claims Made Policy meaning

This checklist outlines the key obligations an insurer undertakes within an insurance policy. The duty to defend captures an insurer’s responsibility to furnish an insured with a defence to claims made under a policy. The duty to indemnify reflects an insurer’s responsibility to pay a claim for loss or damage asserted against an insured. For added insight into these concepts, see Practice Note: US—duty to defend and duty to indemnify. These duties arise under policy wording. The starting point Counsel advising clients, whether the policyholder or the insurer, should begin by obtaining the insurance contract. Insurers draft bespoke contracts, called insurance policies, that provide certain cover to insureds and set certain duties for insurers when a covered loss occurs. Covered loss is defined in each form of policy and will vary depending on the type of policy sold to an insured. The two principal duties an insurer typically owes an insured are the duty to defend and the duty to indemnify. Finding the two duties The...

In this issue Trusts Court of Protection Elderly and vulnerable clients UK taxes for Private Client HMRC Manuals updates Tax avoidance, evasion and non-compliance Budgets and Finance Bills Contentious trusts and estates Pensions, insurance and tax efficient investments International Question of the week Additional Private Client updates this week Daily and weekly news alerts LexTalk®Private Client: a Lexis+® community New and updated content Dates for your diary Trackers Latest Q&As Useful information Trusts Insufficient credible evidence led to rejection of trustee expense claims (Hubbard v Hubbard) An account in common form concerning a trust holding development land, with trustees reporting to beneficiaries. The court determined the trustees failed to properly substantiate numerous costs, leading to substantial disallowances. Core principles include: trustees bear the onus to prove expenditure charged to the trust; poor or absent records are no excuse; and the court may grant a...

In this issue: Governance Planning Social housing Children’s social care Social care Healthcare Education Environmental law and climate change Local government finance Daily and weekly news alerts New and updated content Governance Equality Act 2010 provisions refer to biological sex, regardless of gender recognition certificate (For Women Scotland v Scottish Ministers) The Supreme Court ruled that, within the Equality Act 2010 (EqA 2010), the words ‘man’, ‘woman’ and ‘sex’ denote biological sex. Treating the relevant provisions as embracing ‘certificated sex’ by virtue of a gender recognition certificate (GRC) would render them incoherent and unworkable, and thus cannot be done. For sex discrimination claims, an individual has the protected characteristic of biological sex only. The relevant parts of the EqA 2010 fall within section 9(3) of the Gender Recognition Act 2004 (GRA 2004), and so displace the section 9(1) rule that a person with a GRC is, for all purposes, of the acquired...

QIC Europe Ltd QIC Europe Ltd, a Malta-based insurer, rejects claims it breached its policy with two subsidiaries of hospitality group C G Restaurants (Holdings) Ltd by declining to indemnify losses tied to three government-imposed lockdowns from September 2020 to December 2021. According to its defence at the High Court, filed on 24 March 2023 and now made public, cocktail bar operator DC Bars Ltd and Tuttons Brasserie Ltd, which operates a restaurant in Covent Garden, central London, benefit from cover only for the first lockdown, which began in March 2020. The insurer maintains no liability for the later closures. The hospitality companies...

This Practice Note This Practice Note reviews employment law matters that can emerge in connection with volunteers and voluntary workers engaged in voluntary or charitable activity. It covers how volunteers are recruited (notably criminal record vetting and immigration considerations), arrangements made with volunteers, the national minimum wage, equality and banned conduct, data protection, and health and safety. In broad terms, a person is regarded as a volunteer where they are free from any duty to work but choose to carry out tasks without remuneration. In the absence of consideration, no binding contract can exist (whether of employment or worker status). That said, volunteers may have out-of-pocket expenses properly repaid without jeopardising their volunteer status. A volunteer may generally arrive and leave at their own discretion. Because volunteer positions are frequently loosely defined, if any form of consideration is identified, the role performed by the individual for the organisation may in fact amount to that of a ‘worker’ or an ‘employee’, thereby conferring statutory employment protections. In February 2026, the...

ARCHIVED: This archived Practice Note is not maintained and is for background information only. UPDATE (5/11/20): The Chancellor of the Exchequer, Rishi Sunak, announced in a statement to the House of Commons on Thursday 5 November 2020 that the Coronavirus Job Retention Scheme (CJRS) furlough arrangement would be extended. Consequently, the Jobs Retention Bonus (JRB) will not be paid in February 2021 and the government intends to redeploy a retention incentive at an appropriate point. See the HM Treasury press release: Government extends Furlough to March and increases self-employed support and the HMRC policy paper: Extension of the Coronavirus Job Retention Scheme. For additional details, see Practice Note: Coronavirus Job Retention Scheme (extended version 1 November 2020 to 30 April 2021) [Archived]. This Practice Note was revised to capture these changes. This Practice Note considers the Coronavirus Job Retention Bonus Scheme (CJRBS), announced in July 2020, which provides a one-off payment of £1,000 to employers for each employee previously claimed for under the Coronavirus Job Retention Scheme (CJRS)...

Why is environmental insurance relevant? Environmental insurance exists to protect the insured against pollution and environmental harm. Although a standard Public Liability (PL) policy offers limited protection, it typically applies only to ‘sudden and accidental’ incidents. The challenge is that: pollution can occur continuously, often gradually and even intentionally (for example, discharging pollution into a drain); and as decided in the Bartoline case, PL wordings confined to ‘damages’ do not include liabilities for remediation costs required by statutory remediation notices. Therefore, major pollution exposures are not covered by usual insurance arrangements, but can be addressed through specialist environmental policies. For guidance on when environmental insurance is appropriate and its pros and cons, see the Practice Notes: Environmental insurance—when is it needed? and Environmental insurance—advantages and disadvantages. Types of environmental insurance The three core categories of environmental cover focus on: property businesses contractors For further detail, consult the Practice Note: Environmental insurance—types. ...

This guide sets out general information on whistleblowing protections for workers, the defences open to employers facing a whistleblowing claim, and practical pointers for developing an effective whistleblowing strategy, drafting a whistleblowing policy, and dealing with a whistleblowing disclosure. Your employment lawyer can provide specific advice tailored to your circumstances. Under the Employment Rights Act 1996 (ERA 1996), workers who make a whistleblowing disclosure are protected from dismissal, selection for redundancy, and from being subjected to a detriment where the reason, or main reason, for the dismissal, redundancy or detriment is that they made the disclosure. What is whistleblowing? Whistleblowing is the term used where a worker passes on (discloses) information about wrongdoing, which they will usually, although not necessarily, have witnessed at work. To secure whistleblowing protections, the disclosure must satisfy the statutory requirements for a ‘protected disclosure’. A whistleblowing claim may arise if a worker has made a protected disclosure and is then subjected to a detriment for doing so. What amounts to a detriment?...

Warranty & Indemnity insurance provisions—pro-buyer—short form—share purchase agreement Insert the following definitions as new definitions into clause 1 of the relevant Precedent—Share purchase agreement—pro-buyer—corporate seller—short form or Share purchase agreement—pro-buyer—individual sellers—short form (as applicable): 1 Definitions and interpretation W&I Policy means the warranty and indemnity insurance policy issued to the Buyer which, in accordance with its terms, covers risks arising from any actual or potential breach of the Warranties and claims made under the Tax Covenant; Insert the following as a new clause immediately following the clause 5 headed ‘Seller(s) Warranties’: 6 W&I Policy 6.1 The Buyer: 6.1.1 warrants to the Seller as at the date of this Agreement, that it has taken ...

[ Insert in para 6.1 of response form ET3: ] Paragraph 1 of the Grounds of Claim is accepted. The Claimant did notify the Respondent of her pregnancy as set out in paragraph 2 of the Grounds of Claim and, on [ insert date ], she began a period of absence. The medical certificate she supplied records the reason for that absence as [ insert details ]. It is also accepted that the Claimant did not receive a bonus on or around [ date ]. The respondent runs a bonus scheme which provides that, if an employee has given notice or is otherwise expected to be absent for three months within the 12 months after the date on which the bonus is due to be paid, then, subject to review by the remuneration committee, no bonus payment will be made...