Category Archives: D – Kerugian

Damnum sine injuria

This is a legal term and means where a loss not caused by wrong results in harm. Suffering hurt or harm without physical injury. e.g. nervous shock, emotional distress

Date of knowledge

Date knowledge is referred to in the Limitation Acts 1939 – 1980 and means the date upon which the person concerned had knowledge of the following facts:
- That the injury in question was significant;
- That the injury was attributable in whole or in part to the act or omission which is alleged to constitute negligence, nuisance, or breach of duty;
- The identity of the defendant;
- If it is alleged that the act or omission was that of a person other than the defendant, the identity of that person and the additional facts supporting the bringing of an action against the defendant.
An important provision is that knowledge that any acts or omissions did or did not, as a matter of law, involve negligence, nuisance, or breach of duty, is irrelevant but courts do have a discretion to not apply the provisions of the act if this is deemed equitable.

Defendant (s)

The person/ people against whom an action or claim is brought in a court of law

Delegated authority scheme

Service providers are given written authority to manage claims that fall within certain criteria and limits on the behalf of the insurer without referral back to them; i.e. they are responsible for the decision making process

Direct insurers

This term refers to an insurance company that sells its products and services direct to the consumer, rather than through an intermediary. Usually such a service is provided by requesting the customer to call a specific telephone number

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