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Section 5: Casualties caused intentionally or negligently by the assured

  • Clause 3-32. Intent

    If the assured has intentionally brought about the casualty, it has no claim against the insurer.

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    Clause 3-32. Intent

    This Clause is identical to Cl. 55 of the 1964 Plan and corresponds to the relevant Nordic Insurance Contracts Acts (Nordic ICAs). The provision confirms the traditional principle in insurance law to the effect that the insurer is not liable if the assured has intentionally brought about the even...

  • Clause 3-33. Gross negligence

    If the assured has brought about the casualty through gross negligence, any liability of the insurer shall be determined based on the degree of fault and circumstances generally.

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    Clause 3-33. Gross negligence

    This Clause is identical to Cl. 56 of the 1964 Plan and corresponds to the relevant Nordic Insurance Contracts Acts (Nordic ICAs). The Clause regulates cases where the assured brings about the casualty through gross negligence. Gross negligence lies somewhere between ordinary negligence and inten...

  • Clause 3-34. Right of the insurer to cancel the insurance

    If the assured has intentionally brought about or tried to bring about a casualty, the insurer may cancel the insurance without notice. If the assured has caused a casualty through gross negligence, the insurer may cancel the insurance by giving fourteen days' notice.

    If the assured has intentionally brought about the casualty, the insurer may cancel other insurances with the assured by giving fourteen days' notice.

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    Clause 3-34. Right of the insurer to cancel the insurance

    This Clause corresponds to Cl. 57 of the 1964 Plan and the relevant Nordic Insurance Contracts Acts (Nordic ICAs). Sub-clause 1, first sentence gives the insurer the right to cancel the insurance without notice if the assured has intentionally brought about or attempted to bring about the event...

  • Clause 3-35. Circumstances precluding the application of Clauses 3-32 to 3-34

    The rules contained in Cl. 3-32 to Cl. 3-34 shall not apply:

    • if the assured on account of a mental disorder or other abnormal state of mind - self-induced intoxication excepted - was unable to judge its own actions,
    • if the assured has caused the casualty under circumstances referred to in Cl. 3-12, sub-clause 2, provided that its actions under the prevailing circumstances must be considered expedient and justifiable.
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    Clause 3-35. Circumstances precluding the application of Clauses 3-32 to Clause 3-34

    This Clause corresponds to Cl. 58 of the 1964 Plan And the relevant Nordic Insurance Contracts Acts (Nordic ICAs). The provision lists a number of cases where the assured will not lose cover despite having brought about the casualty intentionally or negligently. The 1964 Plan also contained a...