|
A | B |
C | D |
E | F |
G | H |
I | J |
K | L |
M | N |
O | P |
Q | R |
S | T |
U | V |
W | X |
Y | Z
A
Absolute Liability: The legal concept, which states that a third party,
will not be prejudiced by the actions of the insured.
This concept provides direct right of action against an
insurance company to a third party so they may collect money owed to
them even if an insured violated the terms of a policy.
Abandonment:
The voluntary relinquishment of rights and responsibilities in the
property covered by the insurance contract.
This is forbidden in most insurance contracts.
Accident
Benefits: A compulsory coverage in all provinces except
Newfoundland and Quebec, it pays defined amounts to an injured
insured on a no-fault basis. Examples of coverage are rehabilitation
expenses, death benefits and loss of income benefits.
Act of God:
A sudden and violent act of nature that could not have been foreseen
or prevented.
Actual Cash
Value (ACV): The current cost of replacing an article with a
similar one in the same condition and exposed to the same wear and
tear. ACV is calculated by establishing the current replacement cost
of any item and charging depreciation.
Actual Owner:
The person who actually paid for an automobile.
Adjuster: A
representative of an insurance company who works along with the
insured to investigate, negotiate and settle an insurance claim.
Agent: An
independent person or firm authorized by contract to write business
with a number of insurance companies, to provide coverage in
accordance with the agreement and to collect premium on the
insurance company’s behalf.
All Perils:
A type of coverage found under Section C of an automobile policy.
It is the broadest type of coverage that may be purchased and
covers both Collision and Comprehensive losses. The coverage is
limited by exclusions listed on the policy.
All Risks:
A type of policy used to insure a variety of things such as homes
and boats. It covers
all perils except for the exclusions listed on the policy.
Appraiser:
A competent person enlisted by an insurance company to value a
specific piece of property.
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B
Binder: An
agreement by an insurance company to cover a risk, pending the issue
of a policy. This may be verbal, in writing, or on a printed form.
Binding Authority:
The authority given to an agent whereby they may
provide coverage to an insured without first submitting the risk to
an insurance company for approval.
Bodily Injury:
Injury or death to a person, who is not an insured under an
automobile policy, i.e. a third party. This type of claim is paid
under Section A: Third Party Liability.
Broker: An
independent person or firm authorized by contract to write business
with a number of insurance companies, to provide coverage in
accordance with the agreement and to collect premium on the
insurance company’s behalf.
Burden of Proof:
A legal concept which states that the person (plaintiff) bringing a
suit against another (defendant) is required to prove the
allegations made against the defendant.
Burglary:
The unlawful removal of property from a premise involving visible
forcible entry.
Business
Interruption: Insurance protecting against business expenses and
loss of income resulting from a fire or other insured peril.
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C
CasualtyInsurance:
A term describing the following types of insurance
coverage - Liability, Crime, Plate Glass, Accident and Sickness,
Fidelity, Surety and Boiler and Machinery.
Catastrophe:
A sudden, great disaster.
Cede: When
one company reinsures its liability with another company, it cedes
business. Essentially, one insurance company reinsures part of the
risk with a second insurance company.
Certificate of
Insurance: A modified form of a policy issued to a party with an
interest in a property. It
certifies the existence of insurance.
By issuing such a document, an insurance company agrees to
notify the party of any cancellation of insurance.
Civil Code:
Enacted by the Quebec National Assembly, the Civil Code encompasses
a series of articles. These
specified rules are the basis of the legal system in Quebec from
which decisions are reached.
Claim: Any
occurrence where an insured makes a formal request to receive
compensation under a policy because of damage caused by an insured
peril
Class of
Automobile: In determining premium, insurance companies divide
vehicles according to the class they fall into.
For example, private passenger vehicles used for pleasure or
business would be placed in one class while public automobiles such
as buses and taxies would be placed in a different class.
Collision or
Upset: A type of coverage found under Section C of an automobile
policy. It covers damage to an insured vehicle caused by colliding
with another object or by upset. Another object includes a trailer
being towed, another automobile and the surface of the ground or any
object on or in the ground.
Common Law:
The system of law employed in all provinces except for Quebec.
It is often referred to as Case Law as it is based on
precedent. Precedents
are principles established from the decisions reached in previous
similar court cases.
Comprehensive:
A type of coverage found under Section C of an automobile policy. It
covers damage against any peril other than collision or upset
subject to certain exclusions and limitations.
Compulsory
Insurance: Coverage required by Statute.
Contra
Proferentem (against the offender): A principal of law which
states that the party who drew up an agreement is responsible for
any ambiguity or errors contained within that contract.
Consent: A
legal term stating when one party has given authority to another
party for a particular purpose.
For example, Jack
gave consent to Diane to drive his automobile. Diane is then given
the authority to drive Jack’s automobile.
Consequential
Damage: Damage that is an indirect result of an accident or
fire, e.g. food spoiled through breakdown of a refrigerator.
Contents:
In an automobile policy, it is described, as the personal
effects of a person not permanently attached to the automobile.
Contractual
Liability: Liability that is assumed under a contract and is in
addition to liability imposed by law.
Coverage:
The term used to describe insurance protection.
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D
Declaration:
A statement signed by an insured, warranting that the information
supplied is accurate.
Deductible:
The amount of the loss which the insured must absorb themselves.
Deductibles vary in amounts and do not apply to all policies.
Defendant:
In a court of law, the party that a case is brought against.
Depreciation:
The reduction in value of property due to use, aging, deterioration,
and obsolescence.
Direct
Compensation: Under a no fault system for vehicle damage, an
insured recovers the damage to their automobile from their own
insurance company as if they were a third party. The insured does
not recover any vehicle damages from the third party insurance
company.
Direct Writer:
Insurance companies who deal directly with the public through
producers they employ to sell their products.
Driving Record:
In determining premium, insurance companies examine a driver’s
driving record to determine their experience and the presence of any
convictions.
Duress:
When one party induces another into entering into a contract
by use or threat of force, violence or other similar means, the
contract was realized by duress. The contract would be voidable at
the option of the victim.
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E
Earned Premium:
The portion of the premium charged applicable to the part of the
policy period that has already elapsed.
Emancipation:
A legal ruling which releases A minor from the obligation to be
represented by a guardian to exercise his/her civil right.
Endorsement:
Any change to the wording of a policy that varies its terms.
Exception:
A difference listed in a policy, which amends the standard
declarations, so as to provide the required coverage.
Exclusions:
Those perils or events not covered by a policy.
Expiry Date:
The date when the period of insurance terminates.
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F
Facility
Association: A non-incorporated non-profit association set up to
provide a market for those vehicle owners who experience difficulty
obtaining insurance through the regular market.
Family
Protection Endorsement – SEF 44: A popular endorsement used to
provide additional benefits to an insured when they are involved in
an accident with another motorist who has insufficient insurance to
pay for the damage caused. The
endorsement will pay for the difference between the liability
insurance limit of the insured’s owns policy and that carried by
the motorist at fault.
Fault Charts or
Rules: Charts used by insurance companies to settle claims in an
efficient fashion. These
charts outline different accident circumstances such as parking lot
accidents or left hand overtakes.
The charts also outline the methods used to settle such
claims.
First Party:
The insured is considered the first party in an insurance contract.
Fixtures &
Fittings: Parts or furnishings of a building considered as
permanent attachments as opposed to moveable items such as stock,
office furniture, etc.
Fleet Policy:
Automobile policy covering a number of vehicles belonging to one
insured.
Floater Policy:
A policy that covers property that may be transported to different
locations. A contractor may purchase a floater policy to protect
his/her tools from a loss.
Fraudulent
Misrepresentation: A false statement or an intentional
half-truth deliberately carried out with the intention of deceit.
Fronting:
An agreement whereby one insurance company issues a policy for a
second insurance company in return for a fee.
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G
General Agent:
An agent who has special authority to act on behalf of a company in
a province. An example of this special authority is the ability to
appoint other agents or settle claims.
Government
Insurance: When a government corporation provides the mandatory
automobile insurance to the public. Government insurers operate in
Saskatchewan, British Columbia and Manitoba.
Gross
Negligence: The reckless, wanton, and willful misconduct causing
bodily injury or damage to property.
In this case, the standard of due care has been ignored by
such a wide margin that it almost amounts to an intentional act.
Group Insurance:
An agreement between an insurance company and a group of people
sharing common characteristics to provide them with insurance at a
special rate.
Guaranteed
Replacement Cost: A type of policy that repairs or replaces
property without any deduction for depreciation.
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H
Hazard: The
physical or moral feature of a risk that affects the probability or
extent of a loss.
Highway
Victims’ Indemnity Fund: A fund set up by either the
provincial government or by the insurance industry to compensate
victims of accidents for which an uninsured or unidentified motorist
is at fault.
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I
Implied
Agreement: An agreement where both parties have acted in such a
way that it is understood that a contract or agreement is in place
even if there is no written or expressed agreement in place.
Inception Date:
The commencement date of an insurance policy.
Indemnify:
The cornerstone principle of the insurance agreement, it is to place
an insured in the same financial position as just prior to the loss,
no better or worse off.
Independent
Adjuster: An independent business person hired by an insurance
company to represent it in investigating, negotiating and settling
claims on its behalf.
Inland
Marine/Transportation Insurance: A term describing coverage for
anything not insured under a property or casualty policy. It covers
such things as account receivables, contractor's tools.
It may also cover such things as pipelines, bridges and
tunnels.
Insurable
Interest: An insurance principle stating that a person is
legally entitled to insure something when it may be shown that they
would suffer financially in the event of a loss.
Insurance:
The undertaking of one person or company to indemnify another in the
event that a peril covered by the insurance agreement occurs.
Insurance
Bureau of Canada: The national trade association of insurance
companies who maintain statistics and represent the insurance
company’s interest in various forums.
Insurance
Brokers’ Association of Canada: The national trade association
of insurance brokers engaged in establishing the education,
qualification and ethical standards for brokers.
Insurance
Company: The company providing the insurance coverage.
Insured:
The person whose risk of financial loss from an insured peril is
protected by the policy.
Insurer:
The company providing the insurance coverage.
Interim
Coverage: Temporary coverage granted to an insured before the
policy is issued.
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J
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K
Key Person Insurance: Life insurance devised to insure
individuals who are important to a business’s success.
Knock-for-Knock
Agreement: The first no fault system devised in England, each
insurance company agrees to pay their insured’s automobile claim
without regard for fault. The insurance companies further waive any recovery rights
against the other insurer.
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L
Lapsed: A
term used to describe an expired policy, which has not been renewed,
or a cancelled policy.
Larceny:
The taking away of property with the intention to defraud the owner.
Legal Liability:
Responsibility imposed by law for negligence resulting in bodily
injury to persons and/or damage to their property.
Legislation:
Laws enacted by a government.
Lessee: The
person to whom property is leased
Lessor: The
person granting the lease.
Liability
Insurance: Type of insurance covering an insured’s legal
liability for bodily injuries to others or damage to the property of
others.
Liability
Insurance Card: Also referred to as a pink card, it is the card
issued by an insurance broker to evidence the existence of
automobile insurance.
Libel: Any
written or printed matter tending to injure a person’s reputation
unjustly.
Lien: A
legal filing placed on a property or business to stop the owner from
paying out funds to various parties without first paying the
lienholder.
Lienholder:
A person or corporation who places a lien against a piece of
property or business because of non-payment of a debt.
Limit of
Liability: The maximum amount, excluding legal defense costs,
for which an insurance company is responsible for under a policy.
Limited Waiver
of Depreciation: An endorsement applied to an automobile policy
that waives the application of depreciation for the repair or total
loss of the vehicle in the event of an insured peril.
Lloyds:
Located in London, England, A unique insurance type organization
where risks are placed with syndicates of investors represented by
underwriters.
Lloyds Broker:
An insurance broker or agent who has the authority to place business
with Lloyds.
Loading: An
additional rate or premium added to a basic rate or premium because
of the additional risk involved for the insurance company.
Loss: An
occurrence leading to a claim under a policy, e.g. a fire. This word
is synonymous with the word ‘claim’.
Loss of Profit:
Insurance against business expenses and loss of income resulting
from a fire or other insured peril.
This word is synonymous with ‘business interruption’.
Loss Payable
Clause: A policy clause that names a party with an interest in a
property who would receive payment in the event of a loss, for
example, a mortgagee, bank, finance company.
Loss of Use:
Type of coverage provided by some automobile policies which provides
an insured with a rental vehicle when theirs has been placed out of
commission by an insured peril.
Loss Ratio:
An important ratio used to measure an insurance company’s results,
it is the percentage of claims to premiums.
Loss Reserves:
The funds an insurance company sets aside to pay for reported but
outstanding claims. The
amount of reserves is legislated by the government of Canada.
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M
Marine
Insurance: Insurance coverage for the hull and cargo of a boat
in addition to the liability imposed onto others from the operation
of the boat.
Material Fact:
A fact so important to a contract that withholding it would alter
the terms of the contract or void it altogether.
Minimum Limits:
The minimum amount of third party automobile insurance required by
law.
Misrepresentation:
The submission of false, or the fraudulent omission of material
information in connection with the insurance application.
Moral Hazard:
A moral characteristic of an insured that may increase the
likelihood of a loss, e.g. integrity, honesty, experience.
Mortgage Clause:
A policy condition providing protection to the mortgagee in the
event that the insured failed to comply with policy conditions.
Mortgagee:
The person, usually a bank, to whom property is pledged as security.
Mortgagor:
The person, usually the insured, who gives his property as security
for a loan.
Mutual Company:
A co-operative insuring association organized and owned by its
shareholders.
Mysterious
Disappearance: The loss of property in unexplainable
circumstances.
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N
Named Perils:
A type of insurance coverage where the perils insured are listed on
the policy.
Negligence:
Omitting to do something which a reasonable person in similar
circumstances would have done, or doing something which a reasonable
person in such circumstances would not have done.
No-Fault:
An insurance concept where an insured recovers the damage to their
automobile from their own insurance company as if they were a third
party. The insured does not recover any vehicle damages from the
third party insurance company.
Non-Disclosure:
The failure to disclose a material fact.
Notice of Loss:
A policy condition requiring the insured to notify the company
immediately of any possible claim.
Null Contract:
A contract that is deemed to have never existed in the eyes of the
law, i.e. void contract.
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O
Onus of Proof
(Onus Probandi): A legal concept which states that a person
(plaintiff) bringing a suit against another (defendant) is required
to prove the allegations made against the defendant.
Out-of-Pocket
Expenses: Reasonable expenses incurred by an insured during the
claims process. With the proper receipts, insured may receive
refunds from the insurance company.
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P
Package Policy:
A single policy covering two or more separate risks for the same
insured, with common effective dates and one overall premium.
Period of
Indemnity: The length of time during which benefits will be
payable under a policy, e.g. accident benefits coverage could
provide 52 weeks of income for continuing disability.
Peril: The
cause of a loss, e.g. fire, accident, burglary.
Physical Damage
Coverage: Referred to as Section C, it is the section of the
automobile policy that covers the damage to the insured’s vehicle.
Under the physical damage section, an insured may purchase
all perils coverage, collision coverage, comprehensive coverage or
specified perils coverage.
Physical Hazard:
The exposure to a loss arising out of the physical features of the
risk such as its location, construction or heating.
Pink Card:
Also referred to as liability insurance cards, it is the card issued
by an insurance broker to evidence the existence of automobile
insurance.
Plaintiff:
In a court of law, the party who begins the court proceedings
against the defendant.
Policy: The
printed legal document issued to the insured by an insurance company
setting out the terms of the insurance contract.
Policyholder:
The named insured under the policy.
Preamble:
Introductory section of a policy, including identification
particulars.
Premium:
The price charged to purchase the coverage supplied by a policy.
Prescription:
It is the time frame after which a claim may not be brought to an
insurance company.
Prior Damage:
Damage that existed prior to the loss.
This damage may not be claimed under an insurance claim.
Priorities of
Payments: A law that specifies how much of the total automobile
policy limit will be applied to Bodily Injury and how much will be
applied to Property Damage.
Proof of Loss:
A sworn declaration filled out and signed by an insured to detail
their claim. Most insurance companies will not release any insurance
monies until this form is completed.
Property Damage:
Damage to the property of others, not the insured’s property.
Pro Rata
Cancellation: A method of calculating a return premium when an
insurance company cancels a policy before its expiry date. The full
proportionate part due for the unexpired term is returned to the
insured.
Provisions:
The terms of the policy outlining the circumstances under which the
benefits are payable.
Proximate Cause:
The effective cause of loss.
Public
Adjusters: Independent businesspeople hired by insured to
represent their interest in the claims process.
Punitive Damage:
A fine levied against individuals by a court of law as a form of
punishment for their actions.
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Q
Quantum:
The value of an insured’s loss.
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R
Rate: The
unit charge used to calculate the premium for the policy.
Registered
Owner: The person whose name appears on the ownership
registration of the vehicle.
Reinspection:
The re-examination of work performed by a repair facility in order
to determine if all the work was carried out as per the appraisal
and at a high standard of workmanship.
Reinstatement:
To reactivate a cancelled or lapsed policy.
Reinsurance:
A system of passing part of a risk from the original insurance
company to a second insurance company known as a reinsurer.
This system is designed to limit the original insurer’s
liability on any one risk.
Reinsurer:
An insurance company who assumes the risk of another insurer under a
reinsurance contract.
Remote Cause:
Any cause of loss that is not the proximate cause.
It is not the event that started a chain of events that led
to a loss. Rather it is one event of many in a chain of events that
eventually led to a loss.
Renewal:
The continuation of an insurance contract at the same terms and
conditions.
Replacement
Cost: The cost to repair or replace an item with a new one
without any deduction for depreciation.
Retrocession:
The reinsurance of reinsurance, e.g. a company reinsures a risk that
it has accepted from another insurer.
Risk: It is
the subject of insurance, e.g. the property insured.
Risk may also refer to the peril insured against, e.g. fire.
Risk Management:
To identify risks and undertake preventive methods to reduce the
probability of their occurrence.
Robbery:
The unlawful removal of property from a premise involving the use of
violence or the threat of violence.
Running Down
Clause: A clause within a marine policy which provides legal
liability coverage if an insured collides with another vessel.
Rupture:
The sudden and accidental tearing asunder, cracking, burning or
bulging of a plumbing system.
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S
Salvage:
Property that has been damaged by an insured peril but still has
some realizable value; this value is taken into account when
determining the amount of the loss.
Seasonal
Dwelling: A summer cottage is an example of a seasonal dwelling.
Second Party:
The insurance company is considered the second party in an insurance
contract.
Self-Insure: When a person does not purchase any insurance protection and
absorbs losses with their own money.
Severity of
Loss: The dollar amount of a loss.
Short Rate:
When an insured cancels a policy before its expiry, the returned
premium is based on this type of calculation.
The premium returned to an insured receives deductions to
account for the administration expenses generated by the early
cancellation.
Slander:
The oral utterance or spreading of false information which damages a
person’s reputation.
Specified
Perils: A type of insurance policy that provides protection
against the perils (e.g. fire) named in the policy.
S.P.F. 1:
The Standard Owner’s Automobile Policy that provides coverage for
owners of private passenger vehicles.
Staff Adjuster:
A representative of an insurance company who works along with the
insured to investigate, negotiate and settle an insurance claim.
Standard Limits:
The basic amounts of protection provided by an insurance contract.
Statute Law:
It is written law enacted by the Canadian federal government which
overrides any common law dealing with the same point.
Statute of
Limitations: The time limit after which a claim or legal action
may not commence.
Statutory
Condition: Conditions set out in an automobile insurance
contract binding both the insured and the insurance company to a set
of rules for certain events. Provincial
Insurance Acts require these conditions to be included in every
automobile policy.
Subrogation:
The legal right of an insurance company to pursue the responsible
party or their insurance company for the amount the insurance
company has paid. The insurance company may only pursue the legal
party once it has paid its insured for their damages.
Subscription
Policy: A single policy covering a risk that is shared amongst
different insurance companies. This type of policy is issued for
large insurance risks such as a factory.
Substantive Law:
The category of law addressing the rights and duties that each
person has in society.
Superintendent
of Insurance: In each province, the office who legislates the
insurance industry. Its
responsibility includes, amongst other things, the legislation of
rate filing.
Supreme Court:
The highest level of court in a country. Its ruling is binding on
all other courts.
Surety Bonds:
A type of insurance that guarantees the debt or performance of an
obligation of one party to another.
Syndicate:
A group of insurance companies or underwriters who join together to
insure certain risks on a co-operative basis. This is usually done
because of the high value or hazard associated with an insured.
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T
Telephone
Adjuster: A representative of an insurance company who works
along with the insured to investigate, negotiate and settle an
insurance claim. They
are responsible for claims that do not require a face-to-face
interview.
Tenants Package
Policy: A policy specially designed to meet the normal insurance
requirements of a private tenant, covering both personal belonging
and liability, e.g. a person renting an apartment.
Tender: An
offer to enter into a contract.
Theft: Any
act of stealing, including robbery and burglary.
Third Party:
A person that is not part of an insurance contract but is claiming
against the insured. The
insurance company and the insured are the other two parties.
Threshold:
A definition or description of a medical condition under which a
third party may bring suit against an insured for injuries
sustained. Thresholds are in effect in certain provinces such as
Ontario.
Tort: A
civil wrong or injury caused by one person to another, e.g.
negligence causing bodily injury.
Total Loss:
A vehicle or piece of property that is not economical to repair.
The cost of repairs exceeds the market value or replacement
cost depending on how the policy is written.
Treaty: A
general reinsurance agreement setting out the terms under which a
reinsurance company automatically accepts up to an agreed proportion
of the ceding company’s liability for a specified class of
business.
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U
Umbrella Policy:
A special form of liability policy designed to provide protection
over and above the protection afforded by the normal liability
coverage.
Under-Insurance:
When the amount of insurance is less than the full value of the
property insured.
Underwriter:
An employee of an insurance company, who decides on the acceptance,
insuring conditions and rating of insurance applications.
Unearned
Premium: The part of the premium collected by an insurance
company that it has yet to earn because its term has not expired.
Unibody
Construction: A type of vehicle construction where the frame and
body are one piece made up of several components welded together.
Unoccupied:
A premise that is complete with its content except that its
occupants are temporarily away.
Utmost Good
Faith (Uberrima Fides): A principal of insurance stating that
both the insurance company and the insured have a duty to disclose
all material facts with respect to a risk, whether they are asked or
not.
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V
Vacant: A
premise that has no contents and the normal occupants are absent.
Valuation:
Same as “appraisal” – a determination of the value of a
specific piece of property.
Valued Policy:
A policy where the value of the property is agreed to at the
beginning of a policy.
Void Contract:
A contract that is deemed to have never existed in the eyes of the
law.
Voidable
Contract: A contract that may be voided at the request of one
party.
Voluntary
Medical Payments: A type of coverage found under a homeowner’s
policy that allows an insured to make payments to an injured party
even if the insured is not legally liable.
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W
Waiver: A
voluntary relinquishment of a known right by an insured or insurance
company.
Warranty: A
promise on the part of the insured that a state of affairs will
continue during the term of the insurance contract.
Without
Prejudice: A phrase, used in claims negotiation, meaning that
any statement made during negotiation or any offer of settlement is
not to be interpreted as an admission of liability.
Wrap-Up-Policy:
A policy issued to include all parties involved in a business
venture, e.g. the contractors, the subcontractors etc. involved in
the construction of a large building.
Wording:
The part of the policy that details all the conditions and
stipulations that both the insurance company and the insured agree
to.
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X
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Y
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Z
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