Jan 20, 2017 12:01
7 yrs ago
4 viewers *
English term

costs and expenses incurred with its consent in defending any claim

English Law/Patents Insurance Pls see Explanation/ Context
It is from a workers compensation policy.


The whole paragrah reads:

...the Insurance Company undertakes that if at any time during the Period of Insurance any employee in the Insured's service shall sustain bodily injury or death by accident arising out of and in the course of his employment by the Insured and if the Insured shall be liable to pay compensation for such injury or death under the Law(s) set out in the Schedule, then the Company will indemnify the Insured against all sums for which the Insured shall be liable and will in addition be responsible for all costs and expenses incurred with its consent in defending any claim for such compensation.


My problem lies specifically with ITS in the phrase "expenses incurred with its consent". I am not sure whether ITS refers to the Insurance Company or to the Insured, knowing that the Insured is ALSO a company (employer), so it could be referred to by it / its.

I have read some specialized texts about workers compensation insurance in the Internet, looking for an answer to my question, but am still not sure whether the Insurance company must have the consent of the Insured before defending the Insured before court, or it is the Insured that has to seek consent from the Insurance Company to spend monies in the defense of claims before courts, because the Insurance Company will then bear the costs and expenses of such litigation.


Many thanks in advance for your help!

Responses

+6
23 mins
Selected

with the consent of the Insurance Company

The Insurance Company will pay for two sets of expenditure incurred by the Insured Company:
1) compensation for the injury or death by accident of an employee
2) the Insured Company's cost of defending against the compensation claim, provided that such costs have been incurred with the consent of the Insurance Company
Peer comment(s):

agree philgoddard : It's the insurance company that decides how much gets spent on a claim, not the insured.
4 hrs
Thanks Phil!
agree B D Finch
5 hrs
Thanks BD
agree Yvonne Gallagher
7 hrs
Thanks Gallagy!
agree Yasutomo Kanazawa
17 hrs
Thanks Kanazawa-san!
agree AllegroTrans
23 hrs
Thanks Allegro!
agree acetran
3 days 23 hrs
Thanks Ace!
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4 KudoZ points awarded for this answer. Comment: "Many thanks!"
-1
13 mins

its=the insured

I would guess the Insured company would want to have all extra costs approved before they are incurred by the Insurer
Peer comment(s):

disagree B D Finch : No, this is about costs that may be incurred by the insured company defending itself against a claim for compensation by its injured employee. Guessing is no substitute for analysing the text.// No, it gives consent to the insured party!
5 hrs
it does not make sense in the context of "its consent" - the insurance company gives consent to itself?
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