General Liabilities
Liability Insurance
Liability - Concept and Elements
Liability is the obligation to compensate against damages sustained by third
parties due to unintended error. Based on this definition, liability
materializes by existence of three elements, i.e. error, damage and causative
relationship. Though the types of liability are numerous, such as immaterial,
penal and civil liability, insurance generally focuses on covering civil
liability. In fact, liability occurs upon existence of damage / loss incurred
by a third party due to accidental and non-intentional error or omission.
Consequently, it is essential for the party causing such damage to remedy it.
The third party liability includes the liability for personal acts represented
in each error causing damage to third party and the party committing such error
is obligated to indemnify it. Also It includes third
party liability such as the liability for acts of persons ought to control;
like the father’s liability towards the acts of his sons, liability of the
master for acts of his subordinates; like the employer’s liability for acts of
his personnel. Added to that, the liability arising out of objects such as
liability of motor vehicle’s owner for damages caused
to third parties by his car.
Liability Insurance Policies
In addition to insurance cover provided under separate policies, liability may
also be covered by other insurance policies such as Driving License (Rukhsa), Motor Insurance Policy (Third Party), Marine
Insurance Policy (Carrier’s and Stevedore’s Liability), Engineering Insurance
Policy (Contractors Liability) and Marine Hull Insurance Policy (liability for
collision to third party’s vessels).
Public Liability Insurance
Under the Public Liability Insurance Policy, the Company will pay the sums,
which the Insured shall become legally liable to pay as damages are recoverable
by any third party resulting from civil liability. The cover may be extended to
include immaterial damage, if it is possible to estimate financially, and the
attorney fees. Due to the huge indemnity sums usually paid for liability
damages, the Company stipulates a maximum limit for liability under the policy
held by the Insured. Indemnity is paid for either any one or many events within
the limit during the period of insurance, and within the geographical limit
agreed upon.
Products Liability Insurance
This insurance covers the Insured (producers –
manufacturers – distributors – sellers – repairmen) against legal liability for
damage caused by a specific product or commodity. The policy covers include
third party’s death, bodily injury and property damage. The maximum limit of
the policy varies pursuant to the type of product or commodity. Upon issuing
the policy, the Insured should disclose in the proposal form
the nature of commodity, purposes of its use, circulation conditions, means of
quality control during manufacturing processes and other material facts
directly affecting the acceptance of insurance cover. The Products Liability
Insurance Policy provides cover for many commodities such as foodstuff,
cosmetics, drugs, electric systems, mechanical instruments, chemical products,
agricultural chemicals, insecticides, auto, ship and aircraft industry, paper
materials, plastic, toys, gases bottled in cylinders industry and other
products.
Professional Liability Insurance
This insurance covers the civil liability of professionals such as physicians,
engineers, lawyers, insurance brokers and other persons transacting
professional activities. Under this insurance, the Company provides insurance
against the claims arising out of bodily injuries; death or property damage
sustained by third parties due to professional errors (malpractice) whether
caused by the Insured himself or by any of his assistants. The Medical
Malpractice Liability Insurance Policy issued by DIC is one of the salient
forms of this insurance as it indemnifies for the liability exposed to by the
various staff working in medical professions such as physicians, radiology
technicians, laboratory technicians, pharmacists, nursing staff employed by the
various hospitals and medical centers. The cover includes cases of sickness or
death of any patient caused by physician’s error during the medical treatment,
pharmacist’s error in preparing or issuing the medicine required for treatment
or death of patient due to conducting inappropriate surgery.
Liability Insurances Exclusions
The cases excluded by liability insurances vary in accordance with type of
insurance cover required. However, there are some general exclusions such as,
but not limited to, contractual liabilities, financial guarantees, penalties
and fines, penal liabilities, claims arising out of illegal acts including for
instance cursing, slander and defamation, sickness or injuries arising out of
work, claims arising out of war and nuclear radiations, claims arising out of
acts occurring outside the geographical limit of the policy and damage of
property owned by the Insured.
For More Information Please
Call +974 4335077