excess clause. An insurance-policy provision — usu. contained in the “other insurance” section of the policy — that limits the insurer’s liability to the amount exceeding other available coverage. • This clause essentially requires other insurers to pay first. Cf. ESCAPE CLAUSE; PRO RATA CLAUSE. [Cases: Insurance 2111(2).]
Excessive Fines Clause. The clause of the Eighth Amendment to the U.S. Constitution prohibiting the imposition of excessive fines. [Cases: Fines 1. 3.]
excessive fines clause Read More »
drop-down clause. Insurance. An insurance-policy provision requiring an excess insurer to provide coverage to the insured even though the underlying coverage has not been exhausted, usu. because the underlying insurers are insolvent. [Cases: Insurance 2396.]
excess insurance 超额损失保险 指保单规定承保同一风险的其他保险不足以赔偿该风险造成的全部损失时，承保人才负担赔付未偿损失的保险 。(→excess policy; excess clause)
other-insurance clause. An insurance-policy provision that attempts to limit coverage if the insured has other coverage for the same loss. • The three major other-insurance clauses are the pro rata clause, the excess clause, and the escape clause. See ESCAPE CLAUSE; EXCESS CLAUSE; PRO RATA CLAUSE. [Cases: Insurance 2111.]
other insurance clause Read More »
penalty clause. A contractual provision that assesses against a defaulting party an excessive monetary charge unrelated to actual harm. • Penalty clauses are generally unenforceable. — Often shortened to penalty. — Also termed penal clause. Cf. LIQUIDATED-DAMAGES CLAUSE; LIMITATION-OF-REMEDIES CLAUSE . [Cases: Damages 76, 80. C.J.S. Damages §§ 176, 185–187, 190–192, 194.] “It not infrequently
pro rata clause. An insurance-policy provision — usu. contained in the “other insurance” section of the policy — that limits the insurer’s liability to payment of the portion of the loss that the face amount of the policy bears to the total insurance available on the risk. — Also termed pro rata distribution clause. Cf.
A contractual provision that assesses against a defaulting party an excessive monetary charge unrelated to actual harm. • Penalty clauses are generally unenforceable. — Often shortened to penalty. — Also termed penal clause. Cf. LIQUIDATED-DAMAGES CLAUSE; LIMITATION-OF-REMEDIES CLAUSE. [Cases: Damages 76, 80. C.J.S. Damages §§ 176, 185–187, 190–192, 194.]
escape clause. A contractual provision that allows a party to avoid performance under specified conditions; specif., an insurance-policy provision — usu. contained in the “other insurance” section of the policy — requiring the insurer to provide coverage only if no other coverage is available. Cf. EXCESS CLAUSE; PRO RATA CLAUSE.