HELP!!! can anybody to put that in plain english? please...?

Question

C.A.Risk. Exclusion clause: any agreement by the Insured to pay any sum by way of indemnity or otherwise unless such liability would have attached also in the absence of such agreement.

C.A.Risk- Contractors All Risk

Answer 1

I do not know what C.A. Risk stands for. However, the rest of the phrase I am familiar with, so it should apply. I have most often seen in in contractors insurance policies. Here is the scenerio.

JJ is a subcontractor and part of his agreement with AA (the general contractor). JJ agrees, in writing, to protect AA with JJ's insurance in the event something goes wrong and a claim is filed. What the insurance company is saying here is that ok, if something goes wrong, and it's JJ's fault, they will step up to the plate and pay it.

However, if something goes wrong, a claim is filed and it's not JJ's fault, AA cannot make JJ's insurance pay for the claim, even though the contract between JJ and AA says that JJ will pay for the claim.

OK, I know it's confusing. There are a lot of insurance people out there who don't understand this issue. Best bet (if no claim has been presented) is to talk to your insurance agent and ask them to explaint. Or, if an insurance claim has been filed, then have the insurance division of your state review it with you.

Answer 2

Wish I could help, but I'm having the same problem at the moment.
What I took a clause to mean, and now what they are saying it actually means, are two different things, and of course I lose by not understanding it properly.
Best advice I can give you is to ask your local Citizens Advice Bureau. They are trained for this type of thing and usually have a legal expert. Best of all, the advice is free.
You will get their No. in the yellow pages.

Answer 3

It says that if someone asks you to pay any amount by way of indemnity, and you agree to pay it, then your insurance company will only pay out if you would have had to pay even if you hadn't agreed. I don't know what type of insurance you're talking about or I'd be able to give an example.

If CA risk means "Class Action" risk, then it means that if you agree to pay someone an amount to indemnify yourself against their Class Action (ie, you pay them in return for them not taking you to court), then your insurance company will not reimburse this amount unless you would have had to pay it even without agreeing.

Answer 4

I think - this is about uninsured motorist. You must have it in CA or sign a waiver that you will be responsible if an uninsured motorist does damage to your car. Something like that. Whatever it is, I do think you should probably have it. Other wise, it is a loop hole for the insurance company to get out of paying for your car.

Answer 5

It says that the insurance company will not be liable for paying any money which you agree to pay without their say so - unless they would have had to pay that money anyway.

So, you crash your car into somebody. You say :"Sorry, pal. Look, I'll give you 50,000 to cover the damage.'' The insurance company is not bound by that. But they will pay, if they would have had to pay anyway. So you offer 50,000 and they would have paid 50,000 anyway, so then they will honour your agreement.

Answer 6

Don't commit us because we won't pay unless obliged to do so and the liability for any offers you make stays with you.

Answer 7

No matter what happens or who's fault it is your not getting a penny. Standard insurance policy, I think you'll find

Answer 8

if you agree to pay someone that you hit without talking to your insurance co.you are responsible for that sum not your ins co

Answer 9

If you had offered me 10 points I would have told you

Answer 10

why need to put in plain English