Sentences with phrase «give rise to a claim under»

That case established that, where the execution of the works was facilitated by a stopping - up order made by a different compensating authority, under a different statutory scheme not incorporating CPA 1965, the stopping - up did not give rise to a claim under s 10.

Notice also be given in writing to the Company immediately by the Insured shall have knowledge of any impending prosecution inquest of fatal inquiry in respect of any occurrence which may give rise to a claim under this plan.

We will only give you a refund if you have not travelled or there have been no incidents which may give rise to a claim under your travel insurance.

Notice shall also be given in writing to the Company immediately the insured shall have knowledge of any impending prosecution, inquest or fatal inquiry in respect of any occurrence which may give rise to a claim under this Plan.

Not exact matches

Venue is proper in this district under 28 U.S.C. § 1391 (b) because a substantial part of the events giving rise to these claims occurred in this district.

«1) If when determining the liability of a person to taxation, duty or similar charge due under statute in the UK it shall be established that a step or steps have been included in a transaction giving rise to that liability or to any claim for an allowance, deduction or relief, with such steps having been included for the sole or one of the main purposes of securing a reduction in that liability to taxation, duty or similar charge with no other material economic purpose for the inclusion of such a step being capable of demonstration by the taxpayer, then subject to the sole exception that the step or steps in question are specifically permitted under the term of any legislation promoted for the specific purpose of permitting such use, such step or steps shall be ignored when calculating the resulting liability to taxation, duty or similar charge.

The primary consumer protection problem areas that have given rise to the States» actions include: (1) unsubstantiated claims of consumer savings; (2) deceptive representations about the length of time necessary to complete a debt relief program; (3) misleading or failing to adequately inform consumers that they will be subject to continued collection efforts, including lawsuits, and that their account balances will increase due to extended nonpayment under the program; (4) deceptive disparagement of consumer credit counseling; (5) deceptive disparagement of bankruptcy as an alternative for debtors; (6) lack of screening and analysis to determine suitability of debt relief programs for individual debtors; (7) the collection of substantial up - front fees so the debt relief company gains even if it fails to perform; (8) lack of transparency and information for consumers as to payment of fees, status of accounts, and communications with creditors; (9) significant delays in active negotiation or engagement with creditors, coupled with prohibitions on direct consumer communications with creditors; and (10), in the case of debt settlement companies, basing savings claims (and settlement fees) not on the original account balance, but on the inflated amount due (including late fees and default rates of interest) at the time of settlement.

In his latest blog, View from the President's Chambers, Munby P said only a minority of divorces give rise to a money claim, and the concentration of divorce cases in a limited number of regional divorce centres was putting the administration of ancillary relief under «unnecessary and avoidable strains».

We can not agree, however, that her objection to the makeup requirement, without more, can give rise to a claim of sex stereotyping under Title VII.

As previously noted, the conduct that gives rise to a claim for interference with contractual relations or prospective economic advantage may be independently actionable under other tort theories.

A key determinant both of coverage provided by the LawPRO policy under the Law Society's insurance program, and of whether liability could spread beyond the individual lawyer - policyholder, is the nature of the error or omission giving rise to a claim.

The high court is also unimpressed with the fact that the drug giving rise to the product liability was distributed by a California company, presumably because the cause of action in question in the case was brought against the manufacturer as a strict liability defective product claim, rather than as a claim against a seller of the product arising from a warranty that the product was free of defects arising under the Uniform Commercial Code or an express warranty.

For example, there is the possibility that in any case a part of an original site has ceased to be used for the purposes prescribed under the original deed, so as to give rise to a reverter at that stage, with the result that any claims by or on behalf of the grantor's successors could be out of time.

Because our Professional Liability Insurance coverage is written on a claims - made basis, if you know of any circumstances which might possibly, at some point in the future, give rise to an insurance claim against you and you want coverage under your Insurance Policy, then

Justice Gorsuch argued that partisan gerrymandering claims arise under Article IV, Section 4 of the Constitution, which requires the federal government to «guarantee to every State in this Union a Republican Form of Government,» and which the Court has long dismissed as giving rise only to non-justiciable political questions.

The claimant sought to set aside the arbitral award for serious irregularity giving rise to substantial injustice (under section 68 of the Act), claiming that a fair - minded and informed observer would conclude that there was a real possibility of unconscious bias.

The subrogation claim, although potentially applicable to non-signatories, did not give rise to fee entitlement because nothing allowed cross-complainant to step in the shoes of any party to the construction loan agreement — so, if cross-complainant could not recover for fees, Bank could not either under either contractual interpretation or Civil Code section 1717 reciprocity principles.

in the UK, whilst the precise circumstances that gave rise to the Bridgeman v. Corel litigation have never been the subject matter of a claim decided before the UK Courts, practicing lawyers and legal academics alike generally agree that under a UK law analysis the judgment in Bridgeman v. Corel is wrong and that copyright can subsist in a photograph of a painting.

Yet the decision in Stubbings gives rise to the anomalous — indeed arguably absurd — result that the perpetrator of abuse is immune from proceedings after the expiry of the six - year limitation period, whereas a person who negligently allows the abuse to take place, and is thus less culpable than the abuser himself, remains open to a claim by reason of the discretion available to the court under LA 1980, s 33.

«In my judgment, however, in cases under section 14A as in personal injury cases, mere ignorance that the known facts may give rise to a claim in law can not postpone the running of time under the 1980 Act.

The trustees» subsequent discovery of the unlawfulness of the transfers was treated by the judge — applying Bradstock Trustee Services Ltd v Nabarro Nathanson (a firm)[1995] 4 All ER 888 with the apparent assistance of a concession by the claimant's counsel — as the discovery that the facts which they already knew gave rise to a negligence claim and that, by virtue of LA 1980, s 14A (9), this is excluded from the definition of knowledge required for the occurrence of the starting date under LA 1980, s 14A.

As soon as you're aware of something that gives rise to or might give rise to a claim or suit under the policy, it's imperative to notify your insurer.

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If you and your spouse separate households, this may give rise to a claim for spousal support under the Pennsylvania Support Guidelines.

Courts have long held that an insurance company's duty to defend its policyholders is triggered when the insurer is made aware of allegations or facts that give rise to a potential claim that is covered under the policy.