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Hi friends. Today, I discovered Law And Order Criminal Intent Cast - Case law. Which could be very helpful in my experience and you. Case lawWhen you are going to court, you need to come up with a theory describing your case. Advocate your beliefs, stick to the point and use the law to prove your theory. Your theory should basically explicate what happened or how you or your client was wronged. explicate why you should receive the verdict that you're after. You will need to state the facts, explicate what happened, state the law that supports your advocacy, and ask for the verdict that you deserve.
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Your case theory should include and clearly state the outcome that you believe to be fair and just. You should explicate your cause, whether or not you are defending or acting, and offer up ways to prove your theory. Stick to the point as much as possible. Your case will be strongest if you can point out one major issue as opposed to a borage of facts that could be argued. Try not to cloud the major issue at hand with useless arguments, emotions or improvable theories. Make sure that every argument and fact that you gift supports that first theory that you are trying to get across.
The case theory should be supported by some sort of evidence. Only gift evidence that supports your theory argument. Start with the most relevant, strongest piece of evidence and go from there. gift facts that support your theory in order of most pertinent to the weakest argument. As you go, you will need to be prepared to explicate the weaker points. Have an explanation ready and offer it up before it is asked for. Encourage listeners to see your points about why obvious weaker facts or pieces of evidence should still be determined in manufacture a final decision. Offering a weak defense or cause for operation without immediately acknowledging its feebleness and explaining yourself can cause distrust and a lack of respect. These can be case killers.
You don't want to get emotional while a trial or advocacy. Your case theory should be presented in a way that doesn't demonstrate a depression, anger or lax attitude. Be obvious and sure of yourself, but remain expert and formal. You can, however, use emotional arguments or defenses to play on the personal emotions of the judge or jury. Presenting an emotional theory can be very productive when supported by accepted and relevant facts and evidence.
Lastly, you can help advocate your case by recognizing that there are two sides to every story. Point out your opponent's strengths and weaknesses. Try to spin that you understand where they are advent from, but based on the facts and evidence that you are presenting, their theories should be disproved. Seeming one-sided can put off a jury and confuse them about who to trust. Not pointing out the other side's arguments can make it look like you are trying to hide from the facts that they are presenting. Use endearing or character construction terms to spin your client or cause. Be sure not to put down the opposition, this tactic can seem petty and childish. Use generic terms when speaking about the opposite side.
In conclusion, you should be as strict as possible. gift only the strongest arguments and evidence. Keep your case theory in mind and bring up how each point proves the theory throughout your advocacy. Merge on why your theory is strong and not how your opponent is wrong. How you gift yourself and your case can be as leading as the facts and evidence themselves.
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- Bryce's Law
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Introduction
As you travel nearby corporate America these days, you hear a lot about "teams"; that groups, departments or whole divisions are trying to behave more as a team as opposed to a group of individuals. Its the latest catch phrase du jour. I guess
someone finally figured out the power of teamwork. But just how much of this represents sincere efforts? My corporate contacts tell me its mostly facade. They declare they get some nifty new corporate shirts and some great pep talks, but aside from this, dinky else. As much as corporations tout the need for teamwork,
most still encourage rugged individualism.
There is more to creating a team than simply saying you are one. New shirts and axioms are nice, but in order for this to work, people have to think and act as a team. In other words, success hinges on it becoming a natural part of the corporate culture.
Corporate Culture
Teachers, coaches, and drill instructors have long understood the value of teamwork. The intent is to turn a heterogeneous working environment into a homogeneous environment whereby everybody is working in a concerted endeavor towards coarse goals. But do corporate managers truly understand teamwork? Not necessarily. Many still originate competitive environments in the hope that the strongest will rise to the surface. Teamwork is more about cooperation than it is about competition.
This brings up an leading point: Teamwork is taught. It means developing a disciplined work environment where the participants must conform to a specific set of rules. Inevitably, it means breaking some work habits and creating new ones. This can be painful, yet essential if you want to achieve the desired results. Basically, you are teaching people how to live and work together as opposed to apart.
In the United States there is more of a natural inclination to teach individualism as opposed to teamwork; maybe this is because we are a nation based on freedoms. For example, our public school systems have minimal dress and hair codes;
each student is allowed to look and dress as they personally see fit, many with some very questionable taste. This is permitted as it is believed the personel must be allowed to freely express him/herself. This may be fine, but it unmistakably does not promote a spirit of teamwork. compare it to other countries, such as Japan, where students are required to where school uniforms and are given group assignments, such as the making ready and cleanup of their daily lunch. In Japan, students are taught the value of cooperation at an early age which has the added advantage of improving their socialization skills.
As mentioned, teamwork requires the making ready of a working environment conducive to teamwork. It doesn't happen simply by production some platitudinous statements. A owner must do more, much more; some suggestions:
1. First and foremost: Lead. All teams need a leader who can declare goals and give direction. The team must trust and believe in its leader. Without such confidence, the team will not likely follow the leader, particularly in times of difficulty. The leader should also be wary of leading by democratic rule. Soliciting input is one thing, as is
having assistants, but there can only be one extreme leader to guide the team.
2. create uniform operating practices that everybody will be imaginable to conform to, such as operating hours of work, dress code, office appearance, speech and conduct, etc. Such uniformity stresses the equality of the workers. As someone else suggestion, downplay job titles and put more emphasis on work assignments instead. Job titles tend to emphasize a person's stature in a company and can be disruptive in terms of
equality.
3. create appropriate practices for executing work assignments, thereby everybody is following the same methods, and using the same tools and techniques in their work effort. This improves communications, provides for the interchangeability of workers, and promotes the improvement of potential work products.
4. Make sure everybody knows their responsibilities and assignments and understands their importance. Nobody wants to be regarded as the weakest link and, as such, the owner must be able to narrate their importance and considered balance
the workload. Yes, there will be those workers who will unmistakably excel over others, but teamwork is a group effort. If a weaker employee needs additional training, either give it to him or replace him.
5. Routinely check progress. Whenever applicable, keep statistics on both team and personel performance. However, it is not leading to publish such stats. It is leading for the leader to know the team's strengths and weaknesses, but it is
nobody else's business.
6. Be on the lookout for conflicts in working relationships. Some people will simply not get along and it is up to the owner to referee such conflicts. either have the people work out their differences, keep them apart, or rid yourself of them. You want harmony, not contention, on your team.
7. Allow time for the team to meet and discuss issues as a group. This keeps everybody in tune with coarse goals, problems, and the team's normal progress. It also allows the
team to socialize and form a camaraderie (a bonding of unity).
8. recognize personel achievement but repaymen on a team basis as opposed to an personel basis.
Conclusion
Are we unmistakably trying to promote teamwork or is this nothing more than the latest corporate fad that is being implemented more for public relations than anything else? Let's hope for the former and not the latter. Teamwork is a marvelous concept, particularly when there is anything of substance to be done.
Shrewd managers intuitively understand the need for teamwork. Let me give you an example from the world of entertainment. Jack Benny, the renowned comedian of yesteryear had a great appreciation for teamwork. His radio and television shows were consistently at the top of the rating charts for a estimate of years. When asked what his incommunicable to success was, Benny simply said teamwork. To Jack, it wasn't leading that he personally got the best lines and laughs week after week. In fact, he was often the butt of many of the jokes. Instead, he made sure his cast, guests, and writers all received the accolades they deserved. It was more leading to Benny that people said they had tuned into
"The Show" as opposed to tuning in to see "Jack Benny." He was right.
I perceive there are instances in company when it becomes essential to practice individualism, but these are becoming a rarity. Instead fellowships can find greater glory as a team as opposed to a group of individuals.
"Individual glory is insignificant when compared to achieving victory as a team."
- Dot Richardson, M.D.
U.S. Olympic Softball Team
Two time Gold Medal Champions
For more information on corporate culture, see:
No. 28 - "Understanding Corporate Culture" - June 13, 2005
http://www.phmainstreet.com/mba/ss050613.pdf
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Law And Order Criminal Intent Cast History - Sources of Suffering
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While even distinguished and self-consciously 'Christian movements' are affirming that nuclear weapons and Aids are God's divine punishment or response to 'godless communism', needful damage is also done to elaborate all suffering as from the devil or straight through the direct consequence of sin. The bottom line is that the devil and man have a part to play, and the hand of God could be purposefully seen in suffering. Generally, God punishes those who transgress (for instance Achan, Miriam, Abiram, Korah and Dathan) and also allows suffering in others (Job, Joseph, Paul, to mention a few, for a purpose). There is possibly another source of suffering which cannot be directly attributed to God, the devil or man.
The devil's hand in suffering
The hand of the devil in suffering could be seen as early as Genesis 3. God's rebuke to him after the fall of Adam and Eve clearly reveals his responsibility. That it was his doing cannot be doubted. The clear reprimand was "and I will put enmity between you and the woman, and between your offspring and hers; he will crush your head and you will attack his heel..." (Gen. 3:15).
Even though human beings fell into sin, one should stress that they did not construct it. They were merely victims and not designers. This clearly explains why the gracious God provides redemption for mankind and not for the devil and his evil angels. Satan, "dethroned, disgraced, destined for destruction, the loathsome potentate of perversion, was (and is) obsessed with fiendish rage to destroy everyone and everything that is of God" (Berner 197,320). With all fairness to God, sometimes Christians murmur against Him for sufferings that should be attributed to the devil whose wittiness should not be underestimated.
Satan's hand is clearly seen in suffering right straight through the Bible. The occasion chapters of the book of Job reveal that he can control the weather, our health, lives of our children and thoughts of our friends. In the book of Job, the existence of Satan is encountered as a way of comprehension the nearnessy of suffering and evil in the world. As a tester, a character who seems to enjoy leaning on citizen to see how much they can take, "Satan can bring us pain and suffering" (Simundson 1980, 85).
With the capacity to enter the minds of citizen and implanting evil thoughts, Satan has disguised himself as an angel of light, a wolf in sheep's clothing and a roaring lion sometimes using our best or closest friends, sometimes intimate members of our family, to deceive us and finally levy unimaginable degrees of suffering. The Bible presents Satan as a real being-a spirit nearnessy possessing great power to do harm. Because so many reject the existence of an actual devil, he is an unrecognized cause of much suffering. Either we realize it or not, his deception of humanity is the major cause of anguish and grief.
The extent of Satan's sway and power is clearly revealed in the Bible. Revelation 12:9 tells us he "deceives the whole world." John writes elsewhere that "the whole world lies under the sway of the wicked one" (1 John 5:19). When Paul proclaims that "the god of this age" has blinded the minds of many so that they do not believe the gospel (2 Corinthians 4:4), he refers to the devil.
Peter warns Christians that their "adversary the devil walks about like a roaring lion, seeking whom he may devour" (1 Peter 5:8). In the parable of the sower and the seed, Jesus tells us that as soon as many citizen hear God's Word explained to them "Satan comes immediately and takes away the word that was sown in their hearts" (Mark 4:15). This wicked being wants mankind blinded to the comfort, encouragement and deliverance of God's truth. Throughout history the devil has succeeded in tempting citizen to indulge in an unlawful and immoral practice of their physical appetites. He employed this strategy in the garden of Eden, and his game has worked marvelously ever since. everyone has suffered because of it.
Jesus described the devil as "a murderer from the beginning" (John 8:44). Satan's intent has all the time been to make human life miserable and finally destroy us. His very nature is destructive, and those who commit destructive acts unwittingly supervene him. Revelation 9:11 labels Satan as "the angel of the bottomless pit, whose name in Hebrew is Abaddon, but in Greek he has the name Apollyon. These two names mean "destruction" and "destroyer," respectively. In difference to God, who is the creator, sustainer and giver of life, Satan is the ultimate destroyer and murderer.
Satan is the agitator of war and other conflicts. The book of Revelation depicts demonic spirits at the end of the age that "go out to the kings of the earth" to "gather them to the battle of that great day of God Almighty" (Revelation 16:14). Satan and his demons will instigate a time of distress that will be more terrible than any suffering human beings have ever experienced (Matthew 24:21-22).
We can see from these passages that Satan exerts a pervasive power over mankind. God, however, sets limits on Satan's power (Job 1:12; 2:6). God will not allow Satan to thwart His specialist plan for the salvation of humanity. As our Father and "Lord of heaven and earth" (Matthew 11:25), God will never relinquish His ultimate control over mankind and the rest of His creation.
The situation is the same in contemporary times. The anonymous report Why does God allow suffering? realistically comments on the craftiness of the devil.
Through the spiritual blindness and ignorance Satan has foisted off on the world, he is the instigator of incalculable suffering. He has blinded humanity to the guess for our existence. He has deceived humans into believing that his way-the way of selfishness and sin-is good than obedience to God's commands. Regrettably, humanity has fallen prey to Satan's ploys, not realizing the ultimate grief that sin brings (2003, 4).
Jesus, however, was neither ignorant, nor spiritually blind. As Fitch observes, "that our Lord recognized the presence, the malignity, the hostility and the undying enmity of an evil one whom he called the devil, is unmistakable" (1967, 51). When Simundson observed that "there are times when it is a help to recognize that there is an evil force that wants us to suffer" (1980, 147), he is acknowledging the accountability of the devil as a source of human suffering.
Man's accountability in suffering
Although the devil is to be blamed, man has freewill and also made a deliberate choice. In the inventory of Genesis 3, God turned to the woman and said "I will greatly growth your pains in childbearing; with pain you will give birth to children..." (Gen. 3:16). To the man, God said that "because you listened to your wife and ate from the tree I commanded you, 'You must not eat of it', cursed is the ground because of you" (Gen.3:17). But why has that anyone to do with one's suffering today? Suffering originated in the garden of Eden. It exists naturally because of sin. The book of Genesis tells us of the beginnings of sin, sorrow and suffering - the origin of our divorce from God. Adam's sin was his deliberate choice. Christians erroneously believe that he was deceived but Paul, by divine inspiration informs us otherwise : "And Adam was not the one deceived; it was the woman who was deceived..." (I Tim.2:14). In other words, the man made a very deliberate selection to disobey. It is in this sense that Epp noted - "examine many of your (sufferings) and you will find your name stamped on them as the manufacturer" (1970, 23). A deduction from the above quotation is that man is responsible for most of what he suffers.
To apportion the accountability of each source of suffering by quantifying it could be another useful or relevant study entirely. However, a wrong assumption is that every suffering is deserved. The law of retribution is hereby challenged. Job, for instance, was singled out not because he was bad but naturally because he was good. It would be unfair to payment Job with lack of humility for the Bible absolutely states that "there is no one on earth like him; he is blameless and upright, a man who fears God and shuns evil" (Job 1:8).
A realistic request is, are there connections between sin and suffering? sure expressions of liberal religious and secular belief tried very hard to dismiss the connection. In some ways, it was both understandable and right to request this relationship since forms of Christian orthodoxy had the relationship all too explicit. This confidence that suffering is punishment for sin, inflicted by God whose punishment begins already in this life, "is firmly rooted in practically all the forms of empirical Christianity" (Hall, 1986,76). Airiohuodion believes that "the disciples of Jesus held the same view like the friends of Job that suffering is as a supervene of some personal sin on the part of the sufferer or victim" (1996, 15). This explains why they were spellbinding and asked, "Rabbi, who sinned, this man or his parents, that he was born blind?" (John 9:2). Even though these disciples recognized the theological debate Either an individual, immediate ancestors or even the human race could be blamed for suffering, it would appear as if it is normal to assume that suffering is a supervene of someone's sin. Jesus' reply is worth analyzing. He noted that "neither this man nor his parents sinned..." (John 9:3a). Such a response by Jesus could be seen as a very "clear denial... That we should assume that every example of suffering is a direct supervene of sin, Either by the private (as in Ezekiel 18 and elsewhere) or by the ancestors of the afflicted someone (as in Deuteronomy 5:9-10 and elsewhere)" (Simundson 1980,128).
Throughout the history of mankind and even today, man's free time of selection means that he is also responsible for his actions. In the world today, "one may choose to smoke at an early age. He may think that it affects no one but himself. Sadly though, its effects are seen by everyone who breathes the smoke - the smoker and the non-smoker" (Northrop 2004, 3). There are many non-smokers dying today because of friends, relatives, and loved ones who smoke. The spread of Aids knows no boundaries. Innocent citizen of all races and nationalities are being killed by this dreaded disease. They are not homosexuals, intravenous illegal drug users or promiscuous. They are innocent - often babies. They are guiltless victims of the poor decisions made by others. straight through the evil intentions of one man, Adolf Hitler, millions of Jews lost their lives. The effects of his brutality are still felt nearly fifty years after the Second World War. The physical scars can still be seen. The mental scars can still be heard. Since there is nothing new under the sun, it has all the time been that the innocent suffers because of the decisions of others. The blood of righteous Abel still cries out. Wicked Cain's decision to murder affected not only innocent Abel but Cain's descendants.
The above conference shows that the problem of human pain and suffering could also lie in man himself. Decisions made in the past to disobey God are still been made today. For instance, a house can suffer when a careless father spends his monthly salary on alcohol. A promiscuous private may sense Aids. Man's decisions of the past sway us today and man's decisions today will sway man in the future. When man makes poor decisions, man becomes man's own worst enemy!
God's hand in suffering
Although God did not embark on suffering, He commonly plays a very important role in it. Genesis 3, the rest of the Bible and human history down to the present day, all report God intervening, punishing for disobedience and allowing suffering for a meaningful purpose. The antagonism between man and the snake is used to symbolize the outcome of the ongoing struggle between God and the evil one, a battle which is played out in the hearts of mankind. The offspring of the woman would at last crush the head of the serpent, a promise fulfilled in Christ's victory over Satan.
A response from God is to cause citizen to suffer as a supervene of sin. He is a God that "punishes the children for the sin of the fathers to the third and fourth generations..." (Gen. 20:5). How did Miriam suffer from leprosy? Did God approve of the stoning of Achan? Why did Israel lose a battle after Achan's sin? Can anyone argue otherwise that God was not punishing Israel for the act of one man? When Korah, Dathan and Abiram rebelled in Numbers 16, was it not God Himself who put down the rebellion? The above biblical examples clearly show that God could cause citizen to suffer as a supervene of wrongdoing. final his conference on the topic Why do Christians suffer?, Gould admonishes that "it would be good for us to know that many times we suffer because of our wrongdoing" (1980, 28).
Although Clarkson agrees that "God may send suffering into the lives of His children" (1983, 78), the position expressed is that it is for disciplinary training and chastisement. The researcher supports this line of mental since God, as a loving Father, clearly sees the end from the beginning, and seeks to turn His children away from their waywardness into His paths of righteousness and peace. He knows the awful end of the ways of man and the eternal blessedness of His.
Amy Carmichael comments on different aspects of human suffering in some of her books. In so doing, she casts a meaning and purpose on even the severest difficulties of life which is strengthening as well as enlightening. She forcefully argues that "if we are to be God's knights we must learn to go straight through flirts of arrows, and so the teaching which was set on fashioning warriors, not weaklings, often dealt with this" (Carmichael n.d., 129). Furthermore, she observes that the confidence that no earthly father goes on chastising a loving child is misleading :
That is a coarse belief about suffering, but I am quite sure that it is a wrong thought. Paul's sufferings were not that, nor are yours. They are battle wounds. They are signs of high confidence- honors. They Father holds his children very close to His heart when going straight through such rough places as this (Carmichael 1981, 54).
In the process of denying the universal application of the retributive philosophy in John 9, "Jesus bypasses both sides of that conference and says that the blindness has nothing to do with sin at all but an occasion for God's glory to be seen" (Simundson 1980, 128). A similar idea is expressed in Exodus 10:1-2 in the explanation of the hardening of Pharaoh's heart. This is echoed in John 11:4, where it is observed that "this sickness will not end in death... It is for God's glory so that God's Son may be glorified straight through it".
Deal believes that many Christians fail to see the designing hand of God in their furnace of affliction and are greatly discouraged. He argues, with adequate justification, that "a proper recognize of God's dealings with His citizen reveals that behind the human scene is a incommunicable hand that governs all the painful procedure, ...watching with many interest and compassion for the final product, finished and polished" (1978, 19).
Viewing suffering as something that is Father-filtered, Warren (2002) aptly quotes Joni Eareckson Tada of saying that "we learn from God in suffering that we can't learn any other way" (194). important lessons can be learned from Daniel in the lion's den, Jeremiah being tossed into a slimy pit, Paul and the shipwreck and the Hebrew children and the blazing furnace. Each of the above characters was drawn closer to God as a supervene of the difficult experience.
Long brilliantly analyzes the biblical approach to suffering, observing that God teaches us to seek His ease which comes to us as a supervene of our relationship with him and also straight through our interaction with other citizen undergoing similar traumatic experiences. He observes that "when we suffer, we also find ease straight through others who have suffered.... Those who have suffered know what real ease is" (1986, 73). It is out of the overflow of ease they have received from God that they use to ease others.
A needful determination of the guess why Christians suffer could be clearly seen in the conference of Epp (1970). Paradoxically, God cares for His citizen - that's why He allows them to suffer. He has a great plan for them and suffering is just a part of it. Placing His children therefore in the furnace of affliction and watching as they experience the process of refinement is possibly deliberate since He wants to see the total image of Christ in them. As He molds His children into something indescribably beautiful, they will at last adorn heaven as needful masterpieces.
If God is in the refining business, then He wants to purify and cleanse. Suffering therefore plays a role in this purifying since it helps to become more like Him. The apostle Paul demonstrates this clearly in Ii Corinthians 12:7-10 where he found God's grace adequate for his affliction and found himself strong when he is weak. Hart therefore argues that "we cannot have a theology of healing without a theology of suffering. Sooner or later everyone dies, and in order to die you must get sick" (1987, 31). In other words, the conference is that some sickness or suffering is the sure consequence of living and cannot be avoided. Therefore, he believes that believers must learn how to suffer in order to know how to live gracefully and peacefully. If one receives a miracle from God, he should be grateful. If not relieved of suffering, dissatisfaction should not occur. Probably the need would be for a text "from the laments or from Job or from Paul which allows God to come into suffering and pain and infirmity and bring ease without necessarily ending the suffering" (Simundson 1980, 129).
It would appear as if phrases like praise the Lord, repeated so often in contemporary Christian gatherings, both formal and otherwise, generate the misleading belief that all is well when it is not necessarily so. The idea of suffering is Either swept under the carpeting or disregarded as not being one's portion. Realistically, In the era of praise the Lord theology, the real meaning of words like praise and joy may become lost to superficiality. For it is only in deep suffering that citizen know the depths of all emotion, Either it be pain that is practically unbearable even for one occasion more, or joy that sweeps over the soul once that pain is gone (Skoglund 1992, 70).
Writing his book while the very last year of his life, Boyd emotionally observed that having aids is not a rock and roll time. This pathetic experience, among other things, is "painful (both physically and emotionally), dirty, smelly, and just plain awful. But, like so much else in life, where the Lord finds suffering, He provides a compensating grace that some how helps the sufferer to make it through" (1990, 41).
Throughout our lives we know that we never have to pay any penalty for sin, for that has been taken by Christ (Rom.8:1). Therefore, when we do sense suffering, "we should not think that God is punishing us (for our harm). Sometimes suffering is naturally a supervene of living in a sinful, fallen world, and sometimes it is because God is disciplining us" (Grudem 1999, 348). In all cases, however, we are assured by Romans 8:28 that "God causes all things to work together for good to those who love God, to those who are called agreeing to His purpose". The sure purpose for God's discipline is clear in Hebrews 12, where we read that God disciplines those he loves. Not all discipline however serves to spoton us when we have committed sins; God may allow it to develop us so that we may gain greater quality to trust him and to resist sin in the spellbinding path of obedience. This is clearly seen in the life of Jesus who, though without sin, "learned obedience straight through what he suffered" (Heb. 5:8). Since He was made excellent straight through suffering (Heb. 2:10), it is observed that "we should see all hardship and suffering that comes to us in life as something that God brings to us to do us good, strengthening our trust in him and our obedience, and finally expanding our quality to glorify him" (Grudem 1999, 349).
The starting point for a Christian comprehension of suffering is the messianic self-understanding of Jesus Himself. A temptation to power and self-exaltation lay in the late Jewish promise to the advent of the Messiah-Son of Man. The Gospel of Matthew describes the temptation of Jesus by Satan in the wilderness as a temptation to worldly power. Jesus Himself disappointed His disciples' notions of aiming at power and exaltation in that He taught them, in accordance with Isaiah 53, that the Son of Man will suffer many things. From the foregoing, a Christian comprehension of suffering can be clearly seen. Indubitably, it is not the final aim and end in itself in the realization of human destiny; it is the gateway to resurrection, to rebirth, to new creation. This idea receives its explication from the Christian comprehension of sin. Sin as the misuse of human free time has led humans into total opposition against God, who in turn delivers them over to death. Turning to God can therefore take place only when the results of this rebellion are overcome.
In the Christian understanding, suffering does not appear- as in Buddhism- as suffering naturally under the normal conditions of human existence in this world; rather it is instead coupled with the specifically Christian idea of the imitation of Christ. private Christians are called to become imitators of Christ; incorporation into the body of Christ is granted to those who subsequently are ready to carry out within themselves Christ's destiny of suffering, death and resurrection. The early church's characterization of the Christian was that of Christophorus - 'bearer of Christ'. Suffering was therefore an unalterable principle in the great drama of freedom, which was same with the drama of redemption.
It would therefore be misleading to dismiss suffering as pointless. Clark supports this idea when he opines that "the idea that suffering has no point is so threatening to us that we are hardly even able to recognize much less embody the implications of such a view" (1986, 31). The issue is that though God may not have planned a singular suffering in the life of the Christian, He has most absolutely permitted it. Therefore, Either or not it is an attack from the devil, by the time it reaches him/her, it has the Lord's permission, and therefore will make it work together with all life's experiences for good. If anything, God absolutely knows what He is doing. The stimulating lesson from Job is this: instead of looking what the sufferings are doing to us, one should rather see what God is doing straight through them for the Christian because "the present agony of suffering is a prelude to the radiant ecstasy of life eternal" (Berner 1973, 51).
The mystery of suffering
There is possibly a sense in which suffering can be seen as a mystery when it is not likely to be directly caused by the devil, man and God. The conference is that suffering could be the inevitable, sure and sure consequence of living. The white man who walks down the road in an African town and is bitten by a mosquito, which finally causes him to suffer from malaria, cannot realistically blame the devil, man or God for the bite. Commenting on this seeming complexity, MacDonald asserts that "for this guess we refer to it as 'the mystery' of suffering" (2000, 235). The reasons why suffering is regarded as a mystery is probably because of the mystery of Either comprehension or tracing its exact source.
Perhaps a more vivid illustration is the logical conference put forward by Hart (1987). The fact that man will at last die is probably not a debatable issue in any religious belief. If the above is true, a uncostly end is that "sooner or later everyone dies, and in order to die (some) get sick" (31). The request here is that who is the direct source of that sickness that at last leads to the death of the individual? There are times when one could attribute the cause to the devil, man or God and there are times none could be identified. Who is responsible for the terrible earthquakes that had claimed and continue to claim the lives of many? A terrible problem or natural disaster in West Africa is the progressive develop of the Sahara Desert southwards. Is God punishing man by allowing the desert to expand? Is the devil using his agents to 'push' the watered regions southward? Is the desert expanding because of man's actions? These are absolutely seemingly difficult questions to realistically answer. Consequently, "many Christians will use one of the other explanations as long as they work, but when all else fails, they will back on the idea that it is all part of ...mystery and we can never know more than that" (Simundson 1980, 147). That mankind cannot realistically classify the source of all types of suffering is an indication of the human efforts to understand the universe.
Sockman adds another size to this mystery. There is a kind of suffering he believes we do not understand. This is what he calls "the element of occasion play in life" (1961, 10). If we accept the definition of occasion as the unknown or undefined cause of events that to us are uncertain or not subject to calculation, then we have to agree that occasion happens to all.
From the foregoing, one can reasonably conclude that devil is the ultimate accountability of suffering. His introduction in Genesis 3 is an inventory of his initiation of the belief in the human race. However, a wrong approach would be to exonerate the role of man in the discussion. Disobeying the divine command cannot be entirely seen as the fault of the devil. Man becomes responsible when he chooses to disobey. Although God did not embark on suffering, He intervenes and punishes the disobedience of man. There is a set of suffering which could be regarded as a mystery.
List Of References
Berner, Carl W. 1973. Why me, Lord? : Meaning and ease in Times of Trouble. Minneapolis,
Minnesota : Augsburg Publishing House.
Boyd, Terry. 1990. Living with Aids : One's Christian struggle. Lima : Ohio.
Carmichael, Amy. N.d. Kohila. Fort Washington, Pasadena : Christian Literature Crusade.
Deal, Williams. 1978. The Furnace of Affliction : How God straight through Suffering Develops Christian Character.
London : Great Gospel Publications.
Epp, Theodore H. 1970. Why Christians Suffer. Lincoln, Nebraska : Back to the Bible.
Fitch, William. 1967. God and Evil : Studies in the mystery of Suffering and Pain. Grand Rapids, Michigan:
Wm B. Eerdmans Publishing Company.
Grudem, Wayne. 1999. Bible philosophy : needful Teachings of the Christian Faith. Grand Rapids,
Michigan : Zondervan Publishing House.
Hall, Douglas John. 1986. God and Human Suffering. Minneapolis: Augsburg Publishing House.
Hart, Archbald. 1987. Counselling the Depressed : Resources for Christian Counseling. Dallas : Word
Publishing.
MacDonald, Sebastian. 2000. Suffering : Theological Reflections On Its nature and substance. In
Reflections on the mystery of suffering, 19(1): 330-337.
Northrop, Chuck. Human Pain and Suffering. available [Online].
[http://www.humanpainandsuffering.htm]. (13th January 2004).
Simundson, Daniel J. 1980. Faith Under Fire. Minneapolis : Augsburg Publishing.
Skoglund, Elizabeth R. 1992. Wounded Heroes : the Secrets of Charles Spurgeon... And Others Who
Triumphed. Grand Rapids, Michigan : Baker Book House.
Sockman, Ralph. 1961. The Meaning of Suffering. New York : Women's division of Christian Service.
Warren, Rick. 2002. The Purpose Driven Life : What on Earth am I Here For? Lagos : Integrated Press
Ltd.
Why Does God Allow Suffering : Satan's Role in Suffering. available [online].
[http://www.satan]'sroleinsuffering.htm. 27th January 2004.
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Fire Insurance:
According to S. 2(6A), "fire insurance business" means the firm of effecting, otherwise than incidentally to some other class of insurance business, contracts of insurance against loss by or incidental to fire or other occurrence, customarily included among the risks insured against in fire insurance business.
According to Halsbury, it is a ageement of insurance by which the insurer agrees for consideration to indemnify the assured up to a certain extent and subject to certain terms and conditions against loss or damage by fire, which may happen to the asset of the assured during a exact period.
Thus, fire insurance is a ageement whereby the person, seeking insurance protection, enters into a ageement with the insurer to indemnify him against loss of asset by or incidental to fire or lightning, explosion etc. This policy is designed to insure one's asset and other items from loss occurring due to faultless or partial damage by fire.
In its spoton sense, a fire insurance ageement is one:
1. Whose principle object is insurance against loss or damage occasioned by fire.
2. The extent of insurer's liability being microscopic by the sum assured and not necessarily by the extent of loss or damage sustained by the insured: and
3. The insurer having no interest in the safety or destruction of the insured asset apart from the liability undertaken under the contract.
Law Governing Fire Insurance
There is no statutory enactment governing fire insurance, as in the case of maritime insurance which is regulated by the Indian maritime insurance Act, 1963. The Indian insurance Act, 1938 generally dealt with regulation of insurance firm as such and not with any general or special system of the law relating fire of other insurance contracts. So also the general insurance firm (Nationalization) Act, 1872. In the absence of any legislative enactment on the subject , the courts in India have in dealing with the topic of fire insurance have relied so far on judicial decisions of Courts and opinions of English Jurists.
In determining the value of asset damaged or destroyed by fire for the purpose of indemnity under a policy of fire insurance, it was the value of the asset to the insured, which was to be measured. Prima facie that value was measured by reference of the shop value of the asset before and after the loss. Any way such formula of appraisal was not applicable in cases where the shop value did not recount the real value of the asset to the insured, as where the asset was used by the insured as a home or, for carrying business. In such cases, the part of indemnity was the cost of reinstatement. In the case of Lucas v. New Zealand insurance Co. Ltd.[1] where the insured asset was purchased and held as an income-producing investment, and therefore the court held that the proper part of indemnity for damage to the asset by fire was the cost of reinstatement.
Insurable Interest
A person who is so concerned in a asset as to have benefit from its existence and prejudice by its destruction is said to have insurable interest in that property. Such a person can insure the asset against fire.
The interest in the asset must exist both at the inception as well as at the time of loss. If it does not exist at the commencement of the ageement it cannot be the subject-matter of the insurance and if it does not exist at the time of the loss, he suffers no loss and needs no indemnity. Thus, where he sells the insured asset and it is damaged by fire thereafter, he suffers no loss.
Risks Covered Under Fire insurance Policy
The date of windup of a ageement of insurance is issuance of the policy is different from the acceptance or assumption of risk. Section 64-Vb only lays down broadly that the insurer cannot assume risk prior to the date of receipt of premium. Rule 58 of the insurance Rules, 1939 speaks about develop payment of premiums in view of sub section (!) of Section 64 Vb which enables the insurer to assume the risk from the date onwards. If the proposer did not desire a particular date, it was potential for the proposer to negotiate with insurer about that term. Precisely, therefore the Apex Court has said that final acceptance is that of the assured or the insurer depends naturally on the way in which negotiations for insurance have progressed. Though the following are risks which seem to have covered Fire insurance policy but are not totally covered under the Policy. Some of contentious areas are as follows:
Fire: Destruction or damage to the asset insured by its own fermentation, natural heating or spontaneous combustion or its undergoing any heating or drying process cannot be treated as damage due to fire. For e.g., paints or chemicals in a facility undergoing heat rehabilitation and consequently damaged by fire is not covered. Further, burning of asset insured by order of any communal Authority is excluded from the scope of cover.
Lightning : Lightning may succeed in fire damage or other types of damage, such as a roof broken by a falling chimney struck by lightning or cracks in a building due to a lightning strike. Both fire and other types of damages caused by lightning are covered by the policy.
Aircraft Damage: The loss or damage to asset (by fire or otherwise) directly caused by aircraft and other aerial devices and/ or articles dropped there from is covered. However, destruction or damage resulting from pressure waves caused by aircraft traveling at supersonic speed is excluded from the scope of the policy.
Riots, Strikes, Malicious And Terrorism Damages: The act of any person taking part along with others in any disturbance of communal peace (other than war, invasion, mutiny, civil commotion etc.) is construed to be a riot, assault or a terrorist activity. Unlawful action would not be covered under the policy.
Storm, Cyclone, Typhoon, Tempest, Hurricane, Tornado, Flood and Inundation: Storm, Cyclone, Typhoon, Tempest, Tornado and Hurricane are all discrete types of violent natural disturbances that are accompanied by thunder or strong winds or heavy rainfall. Flood or Inundation occurs when the water rises to an abnormal level. Flood or inundation should not only be understood in the base sense of the terms, i.e., flood in river or lakes, but also accumulation of water due to choked drains would be deemed to be flood.
Impact Damage: Impact by any Rail/ Road car or animal by direct perceive with the insured asset is covered. However, such vehicles or animals should not belong to or owned by the insured or any occupier of the premises or their employees while acting in the policy of their employment.
Subsidence And Landslide Inculuding Rockside: Destruction or damage caused by Subsidence of part of the site on which the asset stands or Landslide/ Rockslide is covered. While Subsidence means sinking of land or building to a lower level, Landslide means sliding down of land regularly on a hill.
However, general cracking, settlement or bedding down of new structures; settlement or movement of made up ground; coastal or river erosion; defective make or workmanship or use of defective materials; and demolition, construction, structural alterations or mend of any asset or ground-works or excavations, are not covered.
Bursting And/Or Overflowing Of Water Tanks, Apparatus And Pipes: Loss or damage to asset by water or otherwise on catalogue of bursting or accidental overflowing of water tanks, apparatus and pipes is covered.
Missile Testing Operations: Destruction or damage, due to impact or otherwise from trajectory/ projectiles in association with missile testing operations by the Insured or anyone else, is covered.
Leakage From automatic Sprinkler Installations: Damage, caused by water accidentally discharged or leaked out from automatic sprinkler installations in the insured's premises, is covered. However, such destruction or damage caused by repairs or alterations to the buildings or premises; repairs removal or postponement of the sprinkler installation; and defects in building known to the insured, are not covered.
Bush Fire: This covers damage caused by burning, either accidental or otherwise, of bush and jungles and the clearing of lands by fire, but excludes destruction or damage, caused by Forest Fire.
Risks Not Covered By Fire insurance Policy
Claims not maintainable/ covered under this policy are as follows:
o Theft during or after the occurrence of any insured risks
o War or nuclear perils
o Electrical breakdowns
o Ordered burning by a communal authority
o Subterranean fire
o Loss or damage to bullion, costly stones, curios (value more than Rs.10000), plans, drawings, money, securities, cheque books, computer records except if they are beyond doubt included.
o Loss or damage to asset moved to a different location (except machinery and equipment for cleaning, repairs or renovation for more than 60 days).
Characterictics Of Fire insurance Contract
A fire insurance ageement has the following characteristics namely:
(a) Fire insurance is a personal contract
A fire insurance ageement does not ensure the safety of the insured property. Its purpose is to see that the insured does not suffer loss by conjecture of his interest in the insured property. Hence, if his association with the insured asset ceases by being transferred to other person, the ageement of insurance also comes to an end. It is not so connected with the subject matter of the insurance as to pass automatically to the new owner to whom the subject is transferred. The ageement of fire insurance is thus a mere a personal ageement between the insured and the insurer for the payment of money. It can be validly assigned to other only with the consent of the insurer.
(b) It is entire and indivisible contract.
Where the insurance is of a binding and its contents of stock and machinery, the ageement is expressly agreed to be divisible. Thus , where the insured is guilty of breach of duty towards the insurer in respect of one subject matters covered by the policy , the insurer can avoid the ageement as a whole and not only in respect of that particular subject mater , unless the right is restricted by the terms of the policy.
(c) Cause of fire is immaterial
In insuring against fire, the insured wishes to protect him from any loss or detriment which he may suffer upon the occurrence of a fire, Any way it may be caused. So long as the loss is due to fire within the meaning of the policy, it is immaterial what the cause of fire is, generally. Thus , either it was because the fire was lighted improperly or was lighted properly but negligently attended to thereafter or either the fire was caused on catalogue of the negligence of the insured or his servants or strangers is immaterial and the insurer is liable to indemnify the insured. In the absence of fraud, the proximate cause of the loss only is to be looked to.
The cause of the fire Any way becomes material to be investigated
(1). Where the fire is occasioned not by the negligence of, but by the willful
(2) Where the fire is due is to cause falling with the exception in the contract.
Limitation Of Time
Indemnity insurance was an trade by the insurer to grant on the insured a contractual right, which prima facie, came into existence immediately when the loss was suffered by the happening of an event insured against, to be put by the insurer into the same position in which the accused would have had the event not occurred but in no better position. There was a former liability, i.e. To indemnify, and a secondary liability i.e. To put the insured in his pre-loss position, either by paying him a specifying whole or it might be in some other manner. But the fact that the insurer had an selection as to the way in which he would put the insured into pre-loss position did not mean that he was not liable to indemnify him in one way or another, immediately the loss occurred. The former liability arises on the happening of the event insured against. So, the time ran from the date of the loss and not from the date on which the policy was avoided and any suit filed after that time limit would be barred by limitation.[2]
Who May Insure Against Fire?
Only those who have insurable interest in a asset can take fire insurance thereon. The following are among the class of persons who have been held to possess insurable interest in, asset and can insure such property:
1. Owners of property, either sole, or joint owner, or partner in the firm owning the property. It is not indispensable that they should proprietary also. Thus a lesser and a lessee can both insure it jointly or severely.
2. The vender and purchaser have both proprietary to insure. The vendor's interest continues until the conveyance is completed and even thereafter, if he has an unpaid vendor's lien over it.
3. The mortgagor and mortgagee have both certain interests in the mortgaged asset and can insure, per Lord Esher M.R."The mortgagee does not claim his interest through the mortgagor , but by virtue of the mortgage which has given him an interest certain from that of the mortgagor"[3]
4. Trustees are legal owners and beneficiaries the useful owners of trust asset and each can insure it.
5. Bailees such as carriers, pawnbrokers or storehouse men are responsible for there safety of the asset entrusted to them and so can insure it.
Person Not Entitled To Insure
One who has no insurable interest in a asset cannot insure it. For example:
1. An unsecured creditor cannot insure his debtor's property, because his right is only against the debtor personally. He can, however, insure the debtor's life.
2. A shareholder in a firm cannot insure the asset of the firm as he has no insurable interest in any asset of the firm even if he is the sole shareholder. As was the case of Macaura v. Northen insurance Co.[4] Macaura. Because neither as a uncomplicated creditor nor as a shareholder had he any insurable interest in it.
Concept Of Utmost Faith
As all contracts of insurance are contracts of utmost good faith, the proposer for fire insurance is also under a certain duty to make a full disclosure of all material facts and not to make any misrepresentations or misdescreptions thereof during the negotiations for obtaining the policy. This duty of utmost good faith applies equally to the insurer and the insured. There must be faultless good faith on the part of the assured. This duty to search for utmost good faith is ensured b requiring the proposer to avow that the statements in the proposal form are true, that they shall be the basis of the ageement and that any incorrect or false statement therein shall avoid the policy. The insurer can then rely on them to correlate the risk and to fix proper selected and accept the risk or decline it.
The questions in the proposal form for a fire policy are so framed as to get all information which is material to the insurer to know in order to correlate the risk and fix the premium, that is, all material facts. Thus the proposer is required too give information relating to:
o The proposer's name and address and occupation
o The description of the subject matter to be insured adequate for the purpose of identifying it including,
o A description of the locality where it is situated
o How the asset is being used, either for any manufacturing purpose or perilous trade.etc
o either it has already been insured
o And also ant personal insurance history including the claims if any made buy the proposer, etc.
Apart from questions in the proposal form, the proposer should disclose either questioned or not-
1. Any information which would indicate the risk of fire to be above normal;
2. Any fact which would indicate that the insurer's liability may be more than general can be incredible such as existence of indispensable manuscripts or documents, etc, and
3. Any information bearing upon the more; hazard involved.
The proposer is not obliged to disclose-
1. information which the insurer may be presumed to know in the commonplace policy of his firm as an insurer;
2. Facts which tend to show that the risk is lesser than otherwise;
3. Facts as to which information is waived by the insurer; and
4. Facts which need not disclosed in view of a policy condition.
Thus, assured is under a solemn promulgation to make full disclosure of material facts which may be relevant for the insurer to take into catalogue while deciding either the proposal should be proper or not. While making a disclosure of the relevant facts, the
Doctrine Of Proximate Cause
Where more perils than one act simultaneously or successively, it will be difficult to correlate the relative succeed of each peril or pick out one of these as the actual cause of the loss. In such cases, the religious doctrine of proximate cause helps to resolve the actual cause of the loss.
Proximate cause was defined in Pawsey v. Scottish Union and National Ins. Co.,[5]as "the active, effective cause that sets in appeal a train of events which brings about a succeed without the intervention of any force started and working actively from a new and independent source." It is dominant and effective cause even though it is not the nearest in time. It is therefore indispensable when a loss occurs to investigate and ascertain what is the proximate cause of the loss in order to resolve either the insurer is liable for the loss.
Proximate Cause Of Damage
A fire policy covers risks where damage is caused by way of fire. The fire may be caused by lightening, by explosion or implosion. It may be succeed of riot, assault or on catalogue of any, malicious act. Any way these factors must finally lead to a fire and the fire must be the proximate cause of damage. Therefore, a loss caused by theft of asset by militants would not be covered by the fire policy. The view that the loss was covered under the malicious act clause and therefore .the insurer was liable to meet the claim is untenable, because unless and until fire is the proximate cause f damage, no claim under a fire policy would be maintainable.[6]
Procedure For Taking A Fire insurance Policy
The steps complex for taking a fire insurance policy are mentioned below:
1. selection of the insurance Company:
There are many companies that offer fire insurance against unforeseen events. The individual or the firm must take care in the selection of an insurance company. The judgment should rest on factors like goodwill, and long term standing in the market. The insurance companies can either be approached directly or through agents, some of them who are appointed by the firm itself.
2. Submission of the Proposal Form:
The individual or the firm owner must submit a completed prescribed proposal form with the indispensable details to the insurance firm for proper consideration and subsequent approval. The information in the Proposal Form should be given in good faith and must be accompanied by documents that verify the actual worth of the asset or goods that are to be insured. Most of the companies have their own personalized Proposal Forms wherein the exact information has to be provided.
3. search for of the Property/ Consideration:
Once the duly filled Proposal Form is submitted to the insurance company, it makes an "on the spot" search for of the asset or the goods that are the subject matter of the insurance. This is regularly done by the investigators, or the surveyors, who are appointed by the firm and they need to description back to them after a proper investigate and survey. This is imperative to correlate the risk complex and conjecture the rate of premium.
4. Acceptance of the Proposal:
Once the detailed and extensive description is submitted to the insurance firm by the surveyors and connected officers, the previous makes a proper perusal of the Proposal Form and the report. If the firm is satisfied that their is no lacuna or foul play or fraud involved, it formally "accepts" the Proposal Form and directs the insured to pay the first selected to the company. It is to be noted that the insurance policy commences after the payment and the acceptance of the selected by the insured and the company, respectively. The insurance firm issues a Cover Note after the acceptance of the first premium.
Procedure On Receipt Of consideration Of Loss
On receipt of the consideration of loss, the insurer requires the insured to yield details pertaining to the loss in a claim from relating to the following information-
1. Circumstances and cause of the fire;
2. Occupancy and situation of the premises in which the fire occurred;
3. Insured's interest in the insured property; that is capacity in which the insured claims and either any others are concerned in the property;
4. Other insurances on the property;
5. Value of each item of the asset at the time of loss together with proofs thereof , and value of the saving ,if any; and
6. whole claimed
Furnishing such information relating to the claim is also a health precedent to the liability of the insurer. The above information will enable the insurer to verify whether-
(1) The policy is in force;
(2) The peril causing the loss is an insured peril;
(3) The asset damaged or lost is the insured property.
Rules for calculation of value of property
The value of the insured asset is-
1) Its value at the time of loss, and
2) At the place of loss, and
3) Its real or intrinsic value without any regard for its sentimental vale. Loss of prospective profit or other consequential loss is not to be taken into account.
Filing Of Claims
How a claim arises?
After a ageement of fire insurance has come into existence, a claim may arise by the doing of one or more insured perils on an unsecured property. There may in increasing one or more uninsured perils also operating simultaneously or in succession of the property. In order that the claim should be valid the following conditions must be fulfilled:
1. The occurrence should take place due to the doing of an insured peril or where both insured and other perils operated , the dominant or effective cause of the loss must have been an insured peril;
2. The doing of the peril must not come within the scope of the policy exceptions;
3. The event must have caused loss or damage of the insured property;
4. The occurrence must be during the currency of the policy;
5. The insured must have fulfilled all the policy conditions and should also comply with requirements to be fulfilled after the claim had arisen.
Material Facts In Fire Insurance: previous Conviction Of The Accused
The criminal description of an assured could sway the moral hazard, which insurers had to assess, and the non-disclosure of a serious criminal offence like robbery by the plaintiff would a material non-disclosure.
Insured'S Duty On Outbreak Of Fire, Implied Duty
On the outbreak of a fire the insured is under an implied duty to search for good faith towards the insurers and the in chase of it the insured must do his best to avert or minimize the loss. For this purpose he must (1) take all inexpensive measures to put out the fire or forestall its spread, and (2) aid the fire brigade and others in their attempts to do so at any rate not come in their way.
With this object the insured asset may be removed to a place of safety. Any loss or damage the insured asset may retain in the policy of attempts to combat the fire or during its removal to a place of safety etc., will be deemed to be loss proximately caused by the fire.
If the insured fails in his duty willfully and thereby increases the burden of the insurer, the insured will be deprived of his right to revive any indemnity under the policy.[7]
Insurer'S proprietary On The Outbreak Of Fire
(A) Implied Rights
Corresponding to the insured's duties the insurers have proprietary by the law, in view of the liability they have undertaken to indemnify the insured. Thus the insurers have a right to-
o Take inexpensive measures to extinguish the fire and to minimize the loss to property, and
o For that purpose, to enter upon and take proprietary of the property.
The insurers will be liable to make good all the damage the asset may retain during the steps taken to put out the fire and as long as it in their possession, because all that is carefully the natural and direct consequence of the fire; it has therefore been held in the case of Ahmedbhoy Habibhoy v. Bombay Fire maritime Ins. Co [8] that the extent of the damage flowing from the insured peril must be assessed when the insurer gives back and not as at the time when the peril ceased.
(B) Loss caused by steps taken to avert the risk
Damage sustained due to action taken to avoid an insured risk was not a consequence of that risk and was not recoverable unless the insured risk had begun to operate. In the case of Liverpool and London and Globe insurance Co. Ltd v. Canadian general galvanic Co. Ltd., [9] the Canadian supreme Court held that "the loss was caused by the fire fighters' mistaken reliance that their action was indispensable to avert an explosion , and the loss was not recoverable under the insurance policy, which covered only damage caused by fire explosion., and the loss was not recoverable under the insurance policy, which covered only damage caused by fire or explosion."
(C) Express rights
Condition 5- in order to protect their proprietary well insurers have prescribed for better proprietary expressly in this health according to which on the happening of any destruction or damage the insurer and every person authorized by the insurer may enter, take or keep proprietary of the building or premises where the damage has happened or wish it to be delivered to them and deal with it for all inexpensive purposes like examining, arranging, removing or sell or arrange off the same for the catalogue of whom it may concern.
When and how a claim is made?
In the event of a fire loss covered under the fire insurance policy, the Insured shall immediately give consideration thereof to the insurance company. Within 15 days of the occurrence of such loss, the Insured should submit a claim in writing, giving the details of damages and their estimated values. Details of other insurances on the same asset should also be declared.
The Insured should secure and produce, at his own expense, any document like plans, catalogue books, investigation reports etc. On quiz, by the insurance company.
How insurance May Cease?
Insurance under a fire policy may cease in any of the following circumstances, namely:
(1) Insurer avoiding the policy by conjecture of the insured making misrepresentation, misdescription or non-disclosure of any material particular;
(2) If there is a fall or displacement of any insured building range or buildings or part thereof , then on the expiry of seven days wherefrom, except where the fall or displacement was due to the action of any insured peril; notwithstanding this, the insurance may be revived on revised terms if express consideration is given to the firm as soon as the occurrence takes place;
(3) The insurance may be complete at any tie at the request of the insured and at the selection of the firm on 15 days consideration to the insured
Conclusion
Tangible asset is exposed to numerous risks like fire, floods, explosions, earthquake, riot and war, etc. And insurance safety can be had against most of these risks severally or in combination. The form in which the cover is expressed is numerous and varied. Fire insurance in its spoton sense is involved with giving safety against fire and fire only. So while granting a fire insurance policy all the requisites need be fulfilled. The insured are under a moral and legal promulgation to be at utmost good faith and should be telling true facts and not just fake grounds only with the greed to recover money. Additional all insurance policies help in the improvement of a Developing nation. Hence insurance companies have a burden to help the insured when the insured are in trouble.
Reference:
1. (1983) Vr 698 (Supreme Court of Vienna)
2. Callaghan v. Dominion insurance Co. Ltd. (1997) 2 Lloyd's Rep. 541 (Qbd)
3. Small v. U.K maritime insurance association (1897) 2 Qb 311
4. (1925) Ac 619
5. (1907) Case.
6. National insurance firm v. Ashok Kumar Barariio
7. Devlin v. Queen insurance Co, (1882) 46 Ucr 611.
8. (1912) 40 Ia 10 Pc
9. (1981) 123 Dlr (3d) 513 (Supreme Court of Canada)
Books Referred:
1. The Economics of Fire safety by Ganapathy Ramachandran
2. Modern insurance Law, by John Birds
3. The Handbook of insurance Regulatory and improvement Authority Act and Regulations with Allied Laws ,by Nagar
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