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It is noted that, by an assignment in writing collateral to a first priority statutory ship mortgage (the "Mortgage"), [the shipowner] (the "Owner") assigned absolutely to [the bank] (the "Assignee") the benefit of this policy of insurance and all benefits of this policy, including all claims of any nature (including return of premiums) under this policy.
Assignment [a] is a legal term used in the context of the laws of contract and of property. In both instances, assignment is the process whereby a person, the assignor, transfers rights or benefits to another, the assignee. [1] An assignment may not transfer a duty, burden or detriment without the express agreement of the assignee.
The typical structured settlement arises and is structured as follows: An injured party (the claimant) comes to a negotiated settlement of a tort suit with the defendant (or its insurance carrier) pursuant to a settlement agreement that provides as consideration, in exchange for the claimant's securing the dismissal of the lawsuit, an agreement by the defendant (or, more commonly, its insurer ...
An assignment clause either expressly prohibits or permits transfers of rights or obligations under the contract to a third party to the contract. An example: Neither this Agreement nor any of the rights, interests or obligations under the Agreement shall be assigned, in whole or in part, by operation of law or otherwise by either party without ...
Cost of Living Adjustment: [4] C.O.L.A. – Provision in a contract or law providing benefits which grants an automatic monetary increase that is directly tied to increases in the cost of living. This automatic increase is used in determining federal pensions, military pensions, and some veterans benefits.
The term replacement cost or replacement value refers to the amount that an entity would have to pay to replace an asset at the present time, according to its current worth. [1] In the insurance industry, "replacement cost" or "replacement cost value" is one of several methods of determining the value of an insured item. Replacement cost is the ...
In specific circumstances these terms are used differently. For example, in English insurance law, violation of a "condition precedent" by an insured is a complete defence against the payment of claims. [74]: 160 In general insurance law, a warranty is a promise that must be complied with. [74]
In insurance, the insurance policy is a contract (generally a standard form contract) between the insurer and the policyholder, which determines the claims which the insurer is legally required to pay. In exchange for an initial payment, known as the premium, the insurer promises to pay for loss caused by perils covered under the policy language.