scholarly journals Insured's Duty of Disclosure in Canadian and English Law

1969 ◽  
pp. 242
Author(s):  
Islam Ahmed Siddiqui

In law, insurance contracts are said to be subject to the doctrine of uberrima fides, i.e., they are contracts of utmost good faith obliging both the insurer and the insured to conform to high standard of conduct, especially regarding disclosure of material facts affecting the appreciation of the risk to be covered. In theory, this doctrine applies equally to the insurer and the insured, but in practice it has come to mean that the insured is under a heavy onus of dis closure when he applies for insurance coverage of any type, either personally or through an insurance agent. The modern doctrines of disclosure originated in the law of marine in surance in 16th century England. At that time, it was not unfair to expect very high standard of disclosure from the insured, because as the owner of the vessel or cargo to be insured, he was in better position than the underwriter to know the nature and extent of the risk to be covered. The underwriter was at comparative disadvantage with regard to the accurate assessment of the risk. The situation is vastly different today, since the insurance industry is wealthy, large and supremely organized. Its expertise in matters of risk assess ment and its corps of trained personnel give it an undoubted advantage over the lay consumer of insurance services. Most risks of an ordinary consumer type are highly standardized, such as automobile coverage, package home owner's coverage, and life insurance coverage. Despite these tremendous changes in the insurance marketplace, the insurer continues to enjoy preferred legal position in the area of disclosure of material facts. As will be seen, the classical doctrine was enunciated by Lord Mansfield in the 18th century and has not changed substantially since then. In the face of well entrenched common law doctrines, the insurance con sumer must rely upon legislative intervention for the fulfillment of his reasonable expectations. However, legislative regulation of standards of dis closure is p

2020 ◽  
Vol 7 (2) ◽  
pp. 88-97
Author(s):  
Aouadj Sid Ahmed ◽  
Nasrallah Yahia ◽  
Hasnaoui Okkacha ◽  
Khatir Hadj

AbstractThe forest of Doui Thabet is one of the forests of the Mounts of Saida (Western Algeria) which is experiencing a dynamic regressive. Located in the semi-arid bioclimatic stage, it is located at the edge of two phytogeographic sub-sectors: atlas Tellien Oranais (O3) and high plateau subsector (H1). Among the factors that threaten to curb this fragile and weakened ecosystem, in addition to drought and climate aridity and which has become a structural ecological phenomenon; the overgrazing is also a major limiting factor. This current study provides a qualitative and quantitative assessment of anthropogenic pressure exerted in this area zone. The methodology adopted in this study is that of Le Houerou (1969) and Montoya (1983), which it is based on the calculation of the annual needs of the herd in forage units, the estimate of the feed potential of production, the coefficient of overgrazing and in addition to the anthropogenic pressure index. The result of the forage balance in the forest rangelands of the studied area has a forage deficit (overload) of (96.64%) (a sylvopastoral imbalance), in addition to that, the coefficient of overgrazing is (92.3%) and the anthropogenic pressure index is very high (28). The conservation and the restoration of this area is a major concern in the face of global changes, taking into account their mode of reproduction and their dynamics, for the development of restoration strategies and more effective ways of protection.


ANCIENT LAND ◽  
2021 ◽  
Vol 04 (02) ◽  
pp. 46-48
Author(s):  
Tahmina Shahin Alizada ◽  

The article describes the fundamental principles of marine insurance. It mainly examines the principle of "utmost good faith" which is the cornerstone of insurance law. The main aim of an article is to help the reader to gain basic knowledge and understanding of the legal principles of marine insurance. The fundamental principles governing marine insurance are very helpful in the assessment of loss and the claim in the maritime insurance industry. As in all contracts of insurance on the property, also marine insurance contract is based on the fundamental principles. Key words: marine insurance, Marine Insurance Act 1906, principles of marine insurance, utmost good faith, insurable interest


Author(s):  
Vincent Valour

Although still widely read in the 1950s, Bernanos has now become an out dated author, if not entirely forgotten. Though he had a very high reputation among his fellow writers — Claudel, Mauriac, and Malraux admired him — Bernanos has always remained an isolated figure. His Catholic faith was the driving force behind his whole work, as a novelist and a polemicist, and is likely to be the reason why his writings have become obsolete. Fulminating against the liberalizing spirit of modern France, which led to spiritual decadence, Bernanos was part of the circle of Charles Maurras and Léon Daudet until 1932. Maurras and Daudet were the intellectual leaders of the monarchist and extreme right movement L’Action Française. Nevertheless, Bernanos deeply denounces the violence of the pro-Franco, as well as the dangers associated with Fascism and Nazism, in his famous pamphlet Les GrandsCimetières sous la lune (1938). His novels, always extremely profound, present the spiritual conflict of good and evil. His two most famous novels, Sous le soleil de Satan (1926) and Journal d’un curé de campagne (1936), revolve around the humble figure of a country priest confronted with the apparent absence of God in the gloomy landscapes of Northern France; they exemplify the Christian message of salvation in the face of failure and death.


Humanities ◽  
2020 ◽  
Vol 9 (3) ◽  
pp. 54 ◽  
Author(s):  
Abba A. Abba ◽  
Nkiru D. Onyemachi

Scholarship on Niger Delta ecopoetry has concentrated on the economic, socio-political and cultural implications of eco-degradation in the oil-rich Niger Delta region of the South-South in Nigeria, but falls short of addressing the trope of eco-alienation, the sense of separation between people and nature, which seems to be a significant idea in Niger Delta ecopoetics. For sure, literary studies in particular and the Humanities at large have shown considerable interest in the concept of the Anthropocene and the resultant eco-alienation which has dominated contemporary global ecopoetics since the 18th century. In the age of the Anthropocene, human beings deploy their exceptional capabilities to alter nature and its essence, including the ecosystem, which invariably leads to eco-alienation, a sense of breach in the relationship between people and nature. For the Humanities, if this Anthropocentric positioning of humans has brought socio-economic advancement to humans, it has equally eroded human values. This paper thus attempts to show that the anthropocentric positioning of humans at the center of the universe, with its resultant hyper-capitalist greed, is the premise in the discussion of eco-alienation in Tanure Ojaide’s Delta Blues and Home Songs (1998) and Nnimmo Bassey’s We Thought It Was Oil but It Was Blood (2002). Arguing that both poetry collections articulate the feeling of disconnect between the inhabitants of the Niger Delta region and the oil wealth in their community, the paper strives to demonstrate that the Niger Delta indigenes, as a result, have been compelled to perceive the oil environment no longer as a source of improved life but as a metaphor for death. Relying on ecocritical discursive strategies, and seeking to further foreground the implication of the Anthropocene in the conception of eco-alienation, the paper demonstrates how poetry, as a humanistic discipline, lives up to its promise as a powerful medium for interrogating the trope of eco-estrangement both in contemporary Niger Delta ecopoetry and in global eco-discourse.


2007 ◽  
Vol 89 (1) ◽  
pp. 12-14
Author(s):  
L Williams

The surgical training system in the UK has long been considered to be of a very high standard. However, it is currently under threat from many changes. To assure the quality of the future surgical consultant workforce we have moved away from apprentice-type training towards more ordered education. Although the reduction in hours and years will mean less overall experience there is a genuine belief that improved education and assessment can compensate. It says much for our island mentality that although we belong to the EU we consider European surgical training to be distinct from our own.


2019 ◽  
Vol 6 (1) ◽  
Author(s):  
Subramanian Arumugam ◽  
R. Bhargavi

Abstract The emergence and growth of connected technologies and the adaptation of big data are changing the face of all industries. In the insurance industry, Usage-Based Insurance (UBI) is the most popular use case of big data adaptation. Initially UBI is started as a simple unitary Pay-As-You-Drive (PAYD) model in which the classification of good and bad drivers is an unresolved task. PAYD is progressed towards Pay-How-You-Drive (PHYD) model in which the premium is charged for the personal auto insurance depending on the post-trip analysis. Providing proactive alerts to guide the driver during the trip is the drawback of the PHYD model. PHYD model is further progressed towards Manage-How-You-Drive (MHYD) model in which the proactive engagement in the form of alerts is provided to the drivers while they drive. The evolution of PAYD, PHYD and MHYD models serve as the building blocks of UBI and facilitates the insurance industry to bridge the gap between insurer and the customer with the introduction of MHYD model. Increasing number of insurers are starting to launch PHYD or MHYD models all over the world and widespread customer adaptation is seen to improve the driver safety by monitoring the driving behavior. Consequently, the data flow between an insurer and their customers is increasing exponentially, which makes the need for big data adaptation, a foundational brick in the technology landscape of insurers. The focus of this paper is to perform a detailed survey about the categories of MHYD. The survey results in the need to address the aggressive driving behavior and road rage incidents of the drivers during short-term and long-term driving. The exhaustive survey is also used to propose a solution that finds the risk posed by aggressive driving and road rage incidents by considering the behavioral and emotional factors of a driver. The outcome of this research would help the insurance industries to assess the driving risk more accurately and to propose a solution to calculate the personalized premium based on the driving behavior with most importance towards prevention of risk.


Author(s):  
Mark Cerkovnik ◽  
S. Chang ◽  
Cary Griffin

Hybrid risers represent an excellent way to isolate the riser from most of the host vessel motions and thereby limit riser fatigue. A common arrangement features the riser supported by a buoyancy can via a tether chain. The tether chain is a cheap simple way to make the connection while providing flexibility for installation. However, in service the tether is under very high tension, and the chain is not really flexible in the face of small amplitude fatigue loads. The friction effectively “welds” the chain together. Moment and torque input to the system by first order vessel motions and vortex induced vibrations are carried through the chain and induce fatigue loading in the links. Analysis of the chain can be problematic because the determination of the detailed stress in the chain requires a refined FEA model with contact element between the links. From the global sense the analysis may require running hundreds of sea-state realizations in the time domain and the vortex induced vibration (VIV) assessment of thousands of current profiles. In this paper an efficient numerical method is described to rigorously determine fatigue damage at locations throughout the chain.


Author(s):  
Néstor Quiroa

Regarded as an ethnohistorical treasure, the Popol Wuj narrative has been read exclusively as a freestanding, self-contained text used to inquire into a history far removed from when it was actually created. Consequently, the colonial context of the text itself has been minimized, including the central role of Dominican friar Francisco Ximénez as transcriber and translator of the only copy in existence. The present study delineates a historical trajectory of the Popol Wuj, reframing the narrative within its colonial ecclesiastic context. It explores the physical structure of Friar Ximénez’s 18th-century manuscript, preserved as MS 1515 by the Newberry Library in Chicago, to demonstrate that his work was first and foremost a series of religious treatises intended to carry out the conversion of the K’iche’ to Christianity. As a cautionary word, rather than revisiting the old, biased approach of questioning the authenticity and authorship of this Popol Wuj narrative, the current study suggests a broader reading, addressing the complexities intrinsic in this text, particularly the fact that the narrative was the result of the cultural contact between mendicant friars, whose main objective was to evangelize, and indigenous groups, who strived to maintain their cultural continuity by recording their oral history in the face of such a threat. Finally, this study invites scholars to ponder on the implications that the present structure of Ximénez’s manuscript (MS 1515) presents for future Popol Wuj studies as the narrative enters the age of electronic information and digital imaging.


2020 ◽  
Vol 07 (01) ◽  
pp. 2050009
Author(s):  
Francesco Strati ◽  
Luca G. Trussoni

In this paper, we shall propose a Monte Carlo simulation technique applied to a G2++ model: even when the number of simulated paths is small, our technique allows to find a precise simulated deflator. In particular, we shall study the transition law of the discrete random variable :[Formula: see text] in the time span [Formula: see text] conditional on the observation at time [Formula: see text], and we apply it in a recursive way to build the different paths of the simulation. We shall apply the proposed technique to the insurance industry, and in particular to the issue of pricing insurance contracts with embedded options and guarantees.


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