It agrees to assume the responsibility for legal defense of your title for any defect covered under the policy's terms and to reimburse you
for actual financial losses up to the policy limits.
While establishing a breach in the face of egregious fraud might not be a great hurdle,
proving actual financial loss may be a bigger obstacle to a successful claim of this type.
And since the test for slander in English law is more rigorous than that for libel
because actual financial loss must be proved, potential claimants will have a tougher time winning damages.
Economic damages are damages intended to compensate the victim
for actual financial losses, such as hospital expenses, and noneconomic damages are designed to compensate the plaintiff for intangible harm, such as pain and suffering.
Penalties or fines owed to the government: non-dischargeable, but penalties that reimburse the government for
an actual financial loss are discharged.
Mark Campanale of the thinktank Carbon Tracker Initiative said
the actual financial losses from unchecked global warming could be higher than estimated by the financial model behind the new study.
In determining the amount of damages, the Court of Appeal set a maximum amount of $ 20,000.000 in damages for cases where
no actual financial loss was suffered, as was the case here.
Actual damages must compensate you for
the actual financial losses you have suffered because of the bad faith conduct.
«It is surprising that one practical effect of LA 1980 is to force parties into litigation at a time when it is entirely speculative that
any actual financial loss will arise from the negligence in question»
The Supreme Court allowed the appeal on the basis that the courts below erred in their approach to the assessment of damages, remitting the case to the High Court for a hearing on quantum to measure the claimant's
actual financial loss.
Indemnity insurance compensates the policy holder for
the actual financial losses, even if the actual sum insured of the policy is higher.
Financial justification simply keeps the amount of insurance in proportion to
the actual financial loss.