Sentences with phrase «liability exclusion in»

The employers liability exclusion in your liability policy contains one important exception.

Not exact matches

Deductions and exclusions reduce tax liability more for higher - income taxpayers facing higher marginal income tax rates than for lower - income taxpayers in lower rate brackets.

By using this website, you agree that the exclusions and limitations of liability set out in this disclaimer are reasonable.

However, the preceding liability exclusion will not protect the Sponsor against any liability resulting from its own gross negligence, willful misconduct or bad faith in the performance of its duties.

However, the preceding liability exclusion will not protect the Trustee against any liability resulting from bad faith or gross negligence in the performance of its duties.

- In the event that any exclusion or other provision contained in these Terms be held to be invalid for any reason and we become liable for loss or damage that could otherwise have been limited, such liability shall be limited to # 10In the event that any exclusion or other provision contained in these Terms be held to be invalid for any reason and we become liable for loss or damage that could otherwise have been limited, such liability shall be limited to # 10in these Terms be held to be invalid for any reason and we become liable for loss or damage that could otherwise have been limited, such liability shall be limited to # 100.

Any Material is provided in good faith, and whilst we will use reasonable endeavours to ensure the accuracy of Material, we make no warranties (express or implied) regarding accuracy or completeness or fitness for any purpose, and we expressly exclude any liability in respect thereof (other than warranties not capable of exclusion).

If there's an animal liability exclusion, for example, that endorsement is likely to be specific to your state in order to comply with case law and the wording of state law in regards to that type of liability.

These limitations of liability apply even if BinarySoftware.org has been expressly advised of the potential loss.By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

This election allows you to make a lump - sum contribution up to five times the annual exclusion amount of $ 75,000 per beneficiary in one year and elect to treat the contribution as if it was made ratably over five years avoiding federal gift tax liability, as long as you make no other gifts to the same beneficiary for the next five years.

Exemptions are generally granted when there is a loss on the sale of the property, a federal exclusion of the gain on the sale of a principal residence, the transaction involves a like - kind exchange, or for other situations resulting in no Maine income tax liability.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

c) Notwithstanding the foregoing, none of the exclusions and limitations in the clause are intended to limit any rights You may have as a consumer under local law or other statutory rights which may not be excluded nor in any way to exclude or limit The Travel Magazine liability to You for death or personal injury resulting from our negligence or that of our employees or agents.

The following terms shall be without prejudice to our liability under or in relation to any contract which we enter into with you as a result of a booking made by you, but such contract shall be subject to any separate booking conditions or other terms we apply to that contract and any exclusions or restrictions of liability in such conditions or terms.

The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

The limitations and exclusions of liability referred to in the Terms and Conditions and / or any terms and conditions of British Airways, AGL and the relevant Service Partner will apply to Non-Flight Rewards.

The other exclusion zone was any clause in the agreement that would expose the US to liability and compensation claims for causing climate change.

Article 10 (2) permits an exclusion of liability in only one circumstance, and this applies to «persons who voluntarily entered the vehicle which caused the damage or injury when the body [ie, the MIB] can prove that they knew it was uninsured».

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 --

But if the ERISA case is filed the next year (or thereafter), the fiduciary - liability carriers in those years will not need to respond by dint of the generic prior - and - pending exclusion.

Our attorneys provide an analysis of coverage issues and advise our clients as to the scope and effect of pollution exclusion provisions in general liability policies.

In resolving this ambiguity, the Court reviewed the relevant case law and narrowly construed the subject exclusion, finding that the Motorized Vehicle Exclusion is intended to apply when the insured's negligence giving rise to liability is founded in an act or omission in which the insured exercises «some form of control over» a motorized vehicle and that conduct causes «bodily injury» or «property damage»In resolving this ambiguity, the Court reviewed the relevant case law and narrowly construed the subject exclusion, finding that the Motorized Vehicle Exclusion is intended to apply when the insured's negligence giving rise to liability is founded in an act or omission in which the insured exercises «some form of control over» a motorized vehicle and that conduct causes «bodily injury» or «property damagexclusion, finding that the Motorized Vehicle Exclusion is intended to apply when the insured's negligence giving rise to liability is founded in an act or omission in which the insured exercises «some form of control over» a motorized vehicle and that conduct causes «bodily injury» or «property damagExclusion is intended to apply when the insured's negligence giving rise to liability is founded in an act or omission in which the insured exercises «some form of control over» a motorized vehicle and that conduct causes «bodily injury» or «property damage»in an act or omission in which the insured exercises «some form of control over» a motorized vehicle and that conduct causes «bodily injury» or «property damage»in which the insured exercises «some form of control over» a motorized vehicle and that conduct causes «bodily injury» or «property damage».

However, Mr. Kraft, the plaintiff in the underlying action, argued that the allegations of liability against Mr. Kelley fell within the policy's scope of coverage because the word «use» in the motorized vehicle exclusion should be construed as meaning «some measure of operational control over» a motorized vehicle, in this case the ATV.

The appellant, AIG Europe Insurance Ltd, sought to establish that Barrington's (a solicitors) liability to Impact Funding Solutions Ltd for un-repaid loans was caught by the «debts and trading liabilities» exclusion contained in the Minimum Terms and Conditions of Professional Indemnity Insurance for Solicitors and Registered European Lawyers in England and Wales.

Regarding specific considerations for transactions — the main areas where I am particularly involved in are around earn out / retention provisions, warranties, exclusions of liability and analysing due diligence.

I also tend to get heavily involved in the licensing and service level arrangements and of course the exclusion of liability clauses.

Because some jurisdictions do not allow the exclusion or limitation of liability for negligence, consequential, incidental or other damages, in such jurisdictions the Foley Hoag Parties» liability is limited to the greatest extent permitted by law.

He referred to para15 of the judgment in which the judge had said the following: «The policy behind [s 281 (5) and the exclusion from automatic release of orders made in family proceedings] probably stems from the desirability of ensuring that family liabilities are not avoided by a bankruptcy.»

268 (1) Every contract evidenced by a motor vehicle liability policy, including every such contract in force when the Statutory Accident Benefits Schedule is made or amended, shall be deemed to provide for the statutory accident benefits set out in the Schedule and any amendments to the Schedule, subject to the terms, conditions, provisions, exclusions and limits set out in that Schedule.

[16] The key, in my opinion, is recognition of the limited applicability of the rule that a party proffering for signature an exclusion of liability must take reasonable steps to bring it to the other party's attention.

Goepel J. noted that the legislature in B.C. had taken no such steps to make these types of waivers unconscionable in the province, and cited Ochoa v. Canadian Mountain Holidays Inc. and Dyck v. Manitoba Snowmobile Association as authorities that exclusion of liability clauses are not unconscionable.

Contract — Exclusion clause — Defendant contracting to overhaul engines of plaintiff's tugboat — Engine damaged after seizing up during testing — Whether defendant in breach of contract — Whether plaintiff's or defendant's standard terms applied — Whether defendant entitled to limit liability to price of quotation.

Advised educators» professional liability insurer in disputes ranging from allocation of defense and indemnity costs among multiple parties to application of prior knowledge exclusion to multimillion dollar claims by investors group following insured's declaration of insolvency, in Connecticut and Massachusetts.

[46] It is important to note that the determination as to whether public policy should intervene to render the exclusion clauses unenforceable should take place after the factual record is established, at which time the trial judge will be in a position to carefully examine whether there are public policy reasons to decline to enforce the liability exclusion clauses: Tercon, para. 119.

While this Bill seems well intentioned, the exclusion of an admission of liability from becoming evidentiary in a civil suit serves only to protect the defendant and the insurance companies.

Law in the First Circuit Since Daubert, 2001 Supplement, PRODUCT LIABILITY ADVISORY COUNCIL DESKBOOK «EXCLUSION OF IMPROPER EXPERT TESTIMONY: CASE LAW SUPPLEMENT»

Number of arbitrators (Article 7) Appointment of a sole arbitrator (Article 8) Appointment of three Arbitrators (Article 9) Appointment of Arbitrators in cases not covered by articles 8 and 9 (Article 10) Disclosures by arbitrators (Article 11) Challenge of arbitrators; non-participating arbitrators (Article 12) Challenge procedure (Article 13) Replacement of an arbitrator (Article 14) Repetition of hearings in the event of the replacement of an arbitrator (Article 15) Exclusion of liability (Article 16)

The Motion Judge determines exclusion clauses contained in the performance contracts eliminate The Feldman Agency's liability.

Most lawyers are used to encountering terms such as «special, indirect, consequential, or incidental damages,» and «multiple, punitive, or exemplary damages» in limitation or exclusion of liability provisions.

Since these types of damages have no particular meaning in Quebec law, it is considered a best practice to list in the limitation or exclusion of liability provision the main damages usually included in the common law concept of «consequential or incidental damages,» such as loss of profits, loss of goodwill, and loss of data.

Moreover, Quebec civil law imposes certain restrictions in the application of limitation or exclusion of liability clauses — depending on the type of business of the parties, the type of damages, and other circumstances that might render the clauses invalid or unenforceable.

Accordingly, there is a very strong case to argue that under Community law where a compulsory motor insurance policy is in place, it covers civil liability for any use of the motor vehicle within the territory of the UK, save for the single instance of the «stolen vehicle» exclusion mentioned above.

In conclusion, it is important to remember your limitation or exclusion of liability clauses may not have the effect that is literally written because of restrictions and special treatment of certain types of damages and contracts, or the type of relationship of the parties involved provided by Quebec law.

For example, a clause of limitation or exclusion of liability in a consumer contract or a contract of adhesion could be declared null in its entirety if found abusive.

The key provisions for these purposes are contained in the following articles: 1 (definitions); 3 (ensuring cover for civil liability); 9 (derogations from Art 3); 10 (uninsured and untraced driver claims); 12 (special categories of victim); and 13 (exclusion clauses).

It is also crucial to review the wording of professional liability policies, understand where the gaps and exclusions are, and appreciate the extent of the coverage you actually have in place.

When balanced against the prejudicial effect of allowing evidence of professional liability insurance, the potential for bias in this case is so remote as to warrant exclusion.

In that case, the majority held that the sponsor, the Department of Transportation and Highways of British Columbia, could not rely on an exclusion clause to avoid liability for an unfair tender, and substantial damages were awarded against that Department.

** No liability coverage for pets if an animal exclusion exists, but separate dog liability policy can be purchased to fill gap in coverage.

Common Exclusions: No coverage for (1) bodily injury / death when you are using your vehicle to carry persons or property (including magazines, newspapers, food) for compensation or a fee; (2) liability assumed under a contract; (3) bodily injury / death to an employee; (4) bodily injury / death caused by an intentional act; (5) property owned by, rented to, or in the charge of an insured person; (6) bodily injury / death to you or relative; (7) bodily injury / death or property damage resulting from a relative's use of a vehicle, other than a covered vehicle, owned by a person who resides with you; or (8) bodily injury or property damage resulting from your operation or use of a vehicle owned by you, other than a covered vehicle.