Insurance Issues - Terrorism - Part I

There is a degree of overlap again between riot

, civil commotion and terrorism, but terrorism is considered separately in that, again, it has a somewhat different history of coverage under All Risk Property Insurance (ARPI) policies. Since the mid-1970s most ARPI policies have contained an exclusion for losses occurring in Northern Ireland.

The standard exclusion has excluded liability for damage in Northern Ireland or Eire caused by riot or civil commotion and damage in Northern Ireland caused by civil commotion or any unlawful, wanton or malicious act committed maliciously by a person or persons acting on behalf of or in connection with any unlawful association.

Unlawful association is defined as meaning any organisation which is engaged in terrorism and includes an organisation which at any relevant time is a proscribed organisation within the meaning of the Northern Ireland (Emergency Provisions) Act 1973. Terrorism is defined as meaning the use of violence for political ends and includes any use of violence for the purpose of putting the public or any section of the public in fear.

The UK Government has taken on the responsibility in Northern Ireland for damage caused by terrorism pursuant to the Criminal Damage (Compensation) (Northern Ireland) Order 1977 which adopts the same definition of terrorism arid unlawful association as the standard ARPI exclusion.

In respect of Great Britain, until recently, ARPI policies and, indeed, fire policies have generally covered terrorism unless it fell within the other overlapping excluded risks such as insurrection, usurped power, riot or civil commotion.

Insurance Issues - Terrorism - Part I

By: Willis J. Watson

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