An agreement to indemnify a leaseholder for the loss of a favorable lease terminated by damage to the property from a peril covered by the policy. • The amount payable is the difference between the rent and the actual rental value of the property, multiplied by the remaining term of the lease.
A provision in some commercial general liability policies, excluding coverage for damage to the work or services performed by the insured. [Cases: Insurance 2278(21).]
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Under the Fifth Amendment, a payment by the government for property it has taken under eminent domain — usu. the property’s fair market value, so that the owner is theoretically no worse off after the taking. — Also termed adequate compensation; due compensation; land damages. [Cases: Eminent Domain 122–150. C.J.S. Eminent Domain §§ 71–72, 86,
quod recuperet (kwod ri-k[y]oo-p[schwa]r-it), n. [Law Latin “that he do recover”] Hist. The ordinary judgment for a plaintiff in an action at law. • The judgment might be either final or interlocutory depending on whether damages had been ascertained at the time the judgment was rendered. — Also termed judgment quod recuperet.
A valid contract that, because of some technical defect, cannot be fully enforced; a contract that has some legal consequences but that may not be enforced in an action for damages or specific performance in the face of certain defenses, such as the statute of frauds. Cf. illegal contract; void contract. — Also termed agreement
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nonpecuniary injury 非金钱损害(→nonpecuniary damages)
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settlement-first method. A means by which to apply a settlement credit to a jury verdict, by first reducing the amount of the verdict by subtracting the amount of all settlements the plaintiff has received on the claim, then reducing the remainder by the percentage of the plaintiff’s comparative fault. See SETTLEMENT CREDIT. Cf. FAULT-FIRST METHOD.
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loss of earnings 收入损失 在侵权行为造成人身伤害而提出的损害赔偿之诉中，对收入损失的赔偿要求占重要的方面。在确定赔偿金时，法庭必须考虑到审判日为止的期间内所损失的收入，以及原告在今后正常工作年限可能的未来损失，若今后正常工作年限较少，则应考虑预期的终身收入。 (→damages)
locupletari cum damno alterius (lok-yuu-pl[schwa]-tair-I k[schwa]m dam-noh al-teer-ee-[schwa]s). [Latin] To be enriched through the damage sustained by another.
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underinsured-motorist coverage. Insurance that pays for losses caused by a driver who negligently damages the insured but does not have enough liability insurance to cover the damages. Cf. UNINSURED-MOTORIST COVERAGE. [Cases: Insurance 2772, 2787. C.J.S. Insurance §§ 1647, 1650, 1653, 1657.]
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