Picture Source: https://blog.unbound.org/2013/07/games-children-play-in-africa-bano-swahili-for-marbles/
"The boys huddled around the dusty patch in the playground. Even though it was a cold morning, the boys' shorts and shoes were already dusty. The disclaimer words were uttered, and the little boy, "Deno", looked upon his pink marble. "Justin", his friend cast a worried glance at him. Did he notice a moistened eye. His eyes quickly darted back to catch the action as "Simo" took aim with his now famous yellow marble. Thwack! Deno's marble hurtled out of the dusty patch. Deno couldn't watch, then he heard Simo utter an unintelligable garble. Everybody was shocked to see Simo's yellow marble had split in two uneven sections. Deno's carthatic moment lasted a brief 16 seconds, only to realise that Justin was shielding him from Simo's onslaught, as Simo was reminded that the "Disclaimer" went both ways. Simo resigned to his fate, as Justin aimed and spun his blue marble into the dusty little pit, followed by cheers."
I always believe that the person who came up with the Insurance concept of "No Blame No Excess" must have been inspired by a game of marbles, in childhood. Children, from time immemorial, coined "Disclaimers from Liability", in the blame game, that started since Eve was enlightened and, bore the first son, Cain. Then came Abel and, the blame game continued...the weighbridge and the "over-weight" borehole drilling rig!?
A Disclaimer is generally any statement intended to specify or delimit the scope of rights and obligations that may be exercised and enforced by parties in a legally recognized relationship.
A disclaimer may specify mutually agreed and privately arranged terms and conditions as part of a contract; or may specify warnings or expectations to the general public (or some other class of persons) in order to fulfill a duty of care owed to prevent unreasonable risk of harm or injury. Some disclaimers are intended to limit exposure to damages after a harm or injury has already been suffered. Additionally, some kinds of disclaimers may represent a voluntary waiver of a right or obligation that may be owed to the disclaimant.
http://en.wikipedia.org/wiki/Disclaimer
Infamous Disclaimers, are used by Hotels at the Coast near the swimming pools, "There is no Lifeguard manning this swimming pool. ... at your Risk". So why have a Swimming Pool in the first place? Be warned! Do they change this sign, when the Local Tourist Season is over, and the International Tourist Season begins?
Your Insurance Agent will refer to "Riders" to the policy. A Rider is defined as an "additional provision" included in a legal contract. It could be an "addendum" to an exclusion in the main contract. You will have to dig slightly deeper into your pocket to "buy" a Rider. However, that small fee will save you a "kick in the marbles".
The two main "Blame Clauses" or "Riders", at present, in use in Motor Vehicle (and Motorcycle) Insurance are, in simple terms:
"No Blame No Excess"
"No Blame No Excess which protects you from paying excess when you're not to blame. The burden of proof rests on the Insured obtaining a police abstract that confirms that the Insured is not to blame.
"Excess Protector"
"Excess Protector", which protects you from paying excess regardless of who was to blame for the accident.
So, theses are the two "Blame issues" that I normally have to convince clients to consider. There are other Riders, including "Political Risk and Terrorism" Riders and, "Riots and Strikes and Civil Commotions" Riders.
Now, here's one clause you may find Insurance Companies including in your motor vehicle policy, the ...
"Young Driver's Clause
"Young Driver's Clause", penalizes under-age or drivers who have been driving for fewer years than a given or stated limit. There was a reason to limit "Young Driver's" due to inexperience.
However, changing trends in our Society, leads us to conclude one more reason to keep this clause, as Joseph Etule writes in his 2014 book, "The Best of You":
Disclaimer
None of the Images, except the Bar code used, are the property of First Liberty Insurance Agency. All images are used attributing their source where proprietary interest can be directly linked. All images are are used for Educational Use only.
