Sentences with phrase «giving rise to a claim if»

• To help provide further clarification of the circumstances giving rise to a claim if You make a claim under your policy,

Not exact matches

«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.
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Penalties are always paid as unsecured debts, even if the tax giving rise to the penalty must be paid as a priority claim.
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.
If the two methods do lead to different estimates of climate sensitivity, I find it difficult to believe that the 1D model is more appropriate than 3D to making claims about how much the real average temperature will rise due to a given influence.
For instance, US Senator James Imhofe of Kansas called climate change «the greatest hoax ever» (Johnson, 2011) To claim that climate change science is the greatest hoax ever is at minimum, if not a lie, reckless disregard for the truth given the number of prestigious scientific organizations that have publicly supported the consensus view, the undeniable science supporting the conclusion that if greenhouse gases increase in the atmosphere some warming should be expected, the clear link between rising greenhouse gas concentrations in the atmosphere and increases in fossil fuel use around the world, as well undeniable increases in warming being that have been experienced at the global scale.
Whereas the cl 6.1 (e) exclusion provides: ``... a claim which is made in respect of a relevant liability described in para (2) by a claimant who, at the time of the use giving rise to the relevant liability was voluntarily allowing himself to be carried in the vehicle and, either before the commencement of his journey in the vehicle or after such commencement if he could reasonably be expected to have alighted from it, knew or ought to have known that --
In South Carolina, if the death was caused by another person's conduct, the other person's actions may give rise to a «wrongful death» claim.
If you have contracted dermatitis at work this will give rise to a personal injury claim if your employers have failed to carry out proper risk assessments or provide you with protective equipmenIf you have contracted dermatitis at work this will give rise to a personal injury claim if your employers have failed to carry out proper risk assessments or provide you with protective equipmenif your employers have failed to carry out proper risk assessments or provide you with protective equipment.
If the work that gave rise to the claim was referred completely to an independent paralegal (not an employee or working in association with the law firm) to be performed without the lawyer's ongoing supervision, with the client's knowledge and approval and with no indicia that might lead the client to believe that the paralegal and the lawyer were partners or employer / employee, liability for the claim would likely be the paralegal's alone.
The second firm's current excess insurance policy — if the firm has one — would generally not apply because the services giving rise to the claim were not performed for / on behalf of that firm.
Then if he reported it, it should be covered as long as it was the date of loss, the act, error, or omission that gave rise to that claim occurred on or after that retroactive date.
A new university study and the ever - increasing use of wireless devices, such as the BlackBerry, could result in a flood of lawsuits against employers for creating an allegedly dangerous environment where unpaid overwork is required for success, promotion and job security, a leading law firm warns -LSB-...] Giving rise to possible claims, is a recent study by Gayle Porter, Associate Professor of Management at Rutgers University in New Jersey, which suggests possible liability for companies if they keep their employees on «electronic leashes» as part of their job requirements.
Even if the firm breached the Rules of Professional Conduct, such breaches, if any, do not give rise to proximity that would support a negligence claim, where no proximity exists.
However, if an incident occurs in a parking lot, that can raise questions as to whether this is a straight motor vehicle claim or whether it may also give rise to premises liability claims, which hold property owners and controllers responsible for creating or failing to mitigate risks on their property.
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
«Nevertheless, if the employer has constructively dismissed the employee, this can give rise to a claim for damages.
If this proves unsuccessful this certainly would not give rise to a medical negligence claim.
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.
Any insurance company who pays an insurance claim caused by the tortious fault of another (e.g. Samsing, if its product was defective in a manner sufficient to give rise to legal liability) has a right to sue the party at fault for the loss the insurance company suffered in what is called a subrogation lawsuit.
It is also clear that such intimidatory conduct would not form part of the judicial proceedings so as to attract immunity and, if sufficiently closely connected to the employment relationship, could give rise to a further actionable claim of unlawful discrimination.
(ii) where there has been inordinate and inexcusable delay such as to give rise to a substantial risk that a fair trial would not be possible or there would be serious prejudice to the respondent (the question arises as to whether or not there can still be fair trial and if there is doubt about that whether the claim should then be prevented from going any further).
The 6th edition of the Ogden Tables, if applied here, could have given rise to an argument that the defendant was liable to a continuing loss of earnings claim.
(i) Whether the threatening conduct complained of, if proved, could give rise to another claim of discrimination, namely victimisation, because they were acts «arising out of and closely connected to» the employment relationship.
If an application overcomes the hurdles in CA 2006, s 263 (2) the court will then take into account the discretionary factors set out in s 263 (3) which states: «(3) In considering whether to give permission (or leave) the court must take into account, in particular --(a) whether the member is acting in good faith in seeking to continue the claim; (b) the importance that a person acting in accordance with section 172 (duty to promote the success of the company) would attach to continuing it; (c) where the cause of action results from an act or omission that is yet to occur, whether the act or omission could be, and in the circumstances would be likely to be --(i) authorised by the company before it occurs, or (ii) ratified by the company after it occurs; (d) where the cause of action arises from an act or omission that has already occurred, whether the act or omission could be, and in the circumstances would be likely to be, ratified by the company; (e) whether the company has decided not to pursue the claim; (f) whether the act or omission in respect of which the claim is brought gives rise to a cause of action that the member could pursue in his own right rather than on behalf of the company.»
Such an example may give rise to an unfair dismissal claim if the employee is not offered a further contract.
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.
If you and your spouse separate households, this may give rise to a claim for spousal support under the Pennsylvania Support Guidelines.
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