Clause 3-32. Intent
If the assured has intentionally brought about the casualty, it has no claim against the insurer.
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.
View Commentary Hide Commentary
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…
Go to full Commentary pageClause 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.
View Commentary Hide Commentary
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…
Go to full Commentary pageClause 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.
View Commentary Hide Commentary
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…
Go to full Commentary page
View Commentary Hide Commentary
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…
Go to full Commentary page