Page 194 - Liability Insurance IC74
P. 194

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         (xiii) This exclusion reiterates as in indemnity clause,
              that the coverage applies only in respect of accidents
              which occur during the period of insurance which
              commences on the retroactive dated stated in the
              Schedule.

         (xiv) Liability for a claim arising out of deliberate,
              conscious or intentional disregard of the insured's
              technical or administrative management of the need
              to take all reasonable steps to prevent claims.

         (xv) Liability which is insurable under separate
              Workmen's Compensation Insurance policy.

         (b) Distinguish between negligence and nuisance -
         Negligence has been defined as the breach of duty
         caused by the omission to do something with a reasonable
         man, guided upon those considerations which ordinarily
         regulate the conduct of human affairs, put to, something
         which are prudent and reasonable man would not do. In
         simple words negligence means 'absence of care'. A
         civil action for negligence can be sustained when the
         following conditions are satisfied: (i) existence of duty
         of care towards the injured party(ii) breach of the duty
         (iii) injury or damage as a consequence of the breach of
         duty (iv) causal connection between the breach of duty
         and the injury or damage.

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