Page 213 - Liability Insurance IC74
P. 213

Guide for Liability Insurance

         (v) Instead of 'Sum Insured', a limit of indemnity is
              stated in general liability policies. In employer's
              liability policies no limit of indemnity is incorporated.

         (vi) Jurisdiction clause is important in liability insurance.
              Cause of action arise anywhere in the world at
              insurers restrict their liability to court within specific
              to restrictions. E.g, foreign tourists any insured at
              tourist locations but choose to file for compensation
              in their respective country ,the clause ensures that
              the case is filed locally or as agreed between the
              insured and the insurer.

(b) Explain in detail Ryland vs Fletchers - Ref Q8(c)
         of May 2008
         The principle of strict liability made an important
         departure from the law of negligence then prevailing as
         a result of a court ruling. The facts of the case were: a
         reservoir was constructed on the land of Ryland by
         independent contractors. When the reservoir was filled
         with water, it burst through the weak points and through
         the underground shafts and passages and flew into the
         Fletcher's land flooding the mines. According to the
         principles of common law then prevailing, there was no
         personal negligence on Ryland's part nor was he
         vicariously liable for the acts of his independent
         contractor.

Sashi Publications - www.sashipublications.com  209

Copyright@ The Insurance Times. 09883398055 / 09883380339
   208   209   210   211   212   213   214   215   216   217   218