Although it stands by itself, the contamination exclusion ties in quite closely with the processing exclusion. The text of the contamination exclusion varies considerably from one ARPI policy to another. Some exclusions define contamination by reference to pollution or change in texture, finish, colour or flavour. Some exclusions simply include contamination amongst a whole variety of perils in one clause such as "... corrosion,...more
For example, a fire may occur in a frozen food packaging plant. As a result of the fire, the packaging of the stock becomes contaminated and has to be replaced. In those circumstances, the damage would be covered by the policy even though contamination may be excluded in that it was itself caused by a non-excluded peril, namely fire and smoke pollution. An example of the second part of the proviso could perhaps be where the concrete...more
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...more
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...more
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...more
There is a degree of overlap again between riot, civil commotion and terrorism, but terrorism is considered separately in that, again, it has a somewhat different history of coverage under All Risk Property Insurance (ARPI) policies. Since the mid-1970s most ARPI policies have contained an exclusion for losses occurring in Northern Ireland. The standard exclusion has excluded liability for damage in Northern Ireland or Eire caused by riot or civil commotion and damage in Northern Ireland caused by civil commotion or any unlawful, wanton or malicious act committed maliciously by a person or persons acting on behalf of or in connection with any unlawful association. Unlawful association is defined as meaning any organisation which is engaged in terrorism and includes an organisation which at any relevant time is a proscribed organisation within the meaning of the Northern Ireland (Emergency Provisions) Act 1973. Terrorism is defined as meaning the use of violence for political ends and includes any use of violence for the purpose of putting the public or any section of the public in fear. The UK Government has taken on the responsibility in Northern Ireland for...more
A dramatic change in the market took place following the massive explosion that had occurred in St Mary Axe in 1992 resulting in damage to the Commercial Union building and other buildings in the City. At the end of 1992 the reinsurance...more
The Chambers Concise Twentieth Century Dictionary defines terrorism as "an organised system of intimidation especially for political ends". Lastly, the Concise Oxford Dictionary describes a terrorist as "a person who uses or favours...more
Without such public declarations, the identity of the target may be an indication of whether the motive is specific or whether it has political motivation—is the intention to influence the individual or the government? If, for...more
When purchasing commercial vehicle insurance there are many different options to choose from, do you need breakdown insurance, towing insurance or windscreen insurance? These different commercial van insurance extras will affect how much you pay for...more
With so many insurance companies in the United States today, choosing the one that suits best your needs can be a puzzling decision to make. So once you have decided to buy an insurance policy, how do know if the insurance provider is the right one....more
So your on the market for ipod touch insurance of blackberry insurance? If so, then you will find the information presented herein to be very helpful. There are numerous attributes and qualities that you should be looking for in an...more