What does Co-insurance mean? An arrangement where two or more insurers insure the same risk for stated percentage shares, with each co-insurer severally (not jointly) liable only for its own proportion of premium and claims. In practice this is typically placed on a subscription policy with a lead insurer and a following market; claims are adjusted by the lead and, where a claims agreement or follow-the-leader clause applies, followers will generally be bound to pay their proportion. Although often evidenced by a single policy document, each subscribing insurer’s line constitutes a separate contract with the insured, and the insured must recover each insurer’s...
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This Practice Note explores the nature of joint names insurance, the differences between joint and composite cover, and the broader implications for construction insurance contracts. It is a frequent stipulation of construction agreements that insurance be placed in joint names, so that one policy extends protection to the interests of all parties involved. Under the umbrella of joint names insurance we mean:
Insurance that, through a single policy, secures the identical interests of two or more parties in the insured subject matter—for instance, spouses’ stakes in a matrimonial home. A breach by any one party of the policy terms—such as fraud, Non-disclosure, breach of condition or breach of Warranty—can impair the other insured’s rights. In joint insurance, each insured’s entitlements stand or fall together; in other words, they hold an undivided interest in the subject matter...
When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...
This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...
Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...
I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...