February 4, 2018

Flood is commonly covered by ARPI policies but, on occasions, some policies exclude it or, alternatively, provide the client with the option of extending the policy to cover it as an additional peril. The meaning of flood has been considered infrequently in the English courts and, the courts have first to consider the meaning of flood in the context of the policy as a whole. In the case Young v. Sun Alliance and London Insurance Ltd. [1976] 3 All ER 561, where the word “flood” was incorporated in a phrase with “storm and tempest”, it was held not to cover damage caused by three inches of water leaking into a bathroom from an underground spring-storm and tempest suggested a more violent event.

In the case of Computer & Systems Engineering Pic v. John Lelliott (Ilford) Limited and Others (The Times, 23 May 1989), during building operations at the assured’s premises, a metal purlin was dropped onto a sprinkler system pipe. The pipe was damaged, allowing water to escape which in turn damaged the property of the assured. The court was asked to decide whether or not the property owner was obliged to bear the risk of damage under clause 22C: 1 of the JCT Standard Form of Building Contract (1980 Edition) because the damage was not caused by “flood” or “bursting of pipes” within the definition of the clause 22. First, the court considered what an ordinary reasonable Englishman would say if asked “What was it that caused the damage?”. His answer would have been “the negligent dropping of the purlin which fractured the sprinkler pipe”;

As a result of the lack of direct case law, the court referred to the various insurance cases dealing with the term “flood’*. It relied upon Young v. Sun Alliance (above) and Commonwealth Smelting Limited v. Guardian Royal Exchange Assurance Limited [1986] 1 Lloyd’s Rep 121, as supporting the propositions that:

– flood should involve some natural phenomena or abnormal occurrence; and

– “bursting and overflowing” were to be construed intransitively, involving some interruption of a pipe from within. (In other words, without the assistance of extraneous factors.)

Therefore, the damage to the sprinkler system constituted neither a flood nor a bursting or overflowing of water from tanks, apparatus or pipes. The Court of Appeal confirmed the decision suggesting that the word “flood” suggested the invasion of property by a large volume of water caused by a rapid accumulation or sudden release of water from an external source, usually, but not necessarily, as the result of a natural phenomenon such as storm, tempest or downpour. Certainly, US authorities have not distinguished between man-made floods (such as the bursting of a dam) and floods resulting from natural perils.

Thus, as when considering the definition of any phrase within the context of ARPI, a court will:

– look at the context in which the word is found;

– enquire as to whether or not the word has any ordinary meaning in common parlance; and

– look …

OK, we want to be consistent in our small business marketing message. How?

First, we must seek out the dissonance in our advertising message. Nails screeching across a chalkboard in a quiet classroom or the squalor of brakes in the middle of a residential neighborhood are obvious and starting types of dissonance.

It's easy to see obvious violations of your company's brand. Many big corporations rightly focus on the company logo as the ultimate visual representation of the brand. Any errors or distortions of the company logo are quickly spotted and corrected. So critical is the logo to many large corporations that they have legal counsel quickly and firmly contact any parties that are misusing the logo in any way.

For a small business, the signage displayed on the storefront and within the store is typically the equivalent of a corporate logo. Very few small businesses have really recognizable logos that are their own. They commonly have a piece of clip art placed next to a distinct font that bears the company name, and that is about as close to a corporate logo that any of them get.

And you know what? It is usually enough.

Because for most small business, it is not the logo or the signage that is the brand. At its best, a logo merely calls to mind the brand . It is not the brand itself. A logo, like any other symbol, is completely neutral in meaning without being placed in the proper context.

So, if the signage in your store is in straight and properly fixed and does not need painted and there are no bulbs burned out in any of your flashing signs, then it's time to roll up your sleeves and look for instances where you are really whispering To your customer something that is in direct conflict with what your brand stands for.

Here we are not looking for that nails-on-chalkboard obvious violation, but the small, discreet nail in the tire of your car that. You know that nail; When you pull out of the driveway you do not even notice it and then, ten miles down the road, you are sitting there stranded with a flat.

When hunting for the dissonance in your brand, it's best to start small. Begin with the little things your customers – and staff – see every day. Let's start with your receipt.

Most business gives out some type of receipt. Does yours thank the customer? Does it have your phone number or store location? How about your logo? Your website address? Is it something you are proud of, utilitarian as it is? Pack as much useful information on your receipt as is prudent, because it is a little whisper to the customer that you care about about them to make your relevant info available and at their fingertips should they need it.

For most customers, that receipt turns into a scrap of paper very quickly; But for those few that need the information, even …

Is not it funny how easy it is to loan other people money; Yet how difficult it is to persuade someone to give you money back? But I guess if you're the one who has had to shell out the cash, this is not so funny at all.

Unfortunately, this sort of situation happens to people all the time. If you do not want to end up losing the money forever, you're going to have to learn how to repay someone to give you money.

But how are you going to do that? Is there some sort of ethical procedure? Nobody ever told you that extracting the money would be so hard. Luckily, this article will teach you what you need to know about how to convince someone to give you your money back.

1) Ask for it.

Have you ever tried asking for the money back? I know you might feel a little awkward doing it, especially if you loved the money to a friend or a relative, but it must be done. Make sure you include a good reason for wanting it now.

And if we're talking about friends and relatives, you should not even have to ask for the money back. They should have returned the cash that they owed you at once. Unfortunately, that is not always the case.

Be assertive. Sometimes, they have to be reminded that what you saved them was a loan and not an early Christmas present.

2) Give the person a job.

Sometimes, a person can not pay you back because they do not have any way of earning money. One way on how to persuade someone to give you your money back is by helping them generate the money for it.

Need help around the house? Sometimes that person can pay you back in service. Or hook that person up with a job somewhere. This might not be the most convenient way to get your money back but sometimes, it is the only way.

3) Use the law of expectation.

Tell them how you appreciate them for always keeping their word; And then a few moments afterwards, ask for the money. They would do what they can to fulfill your expectation of them.

4 Seek legal help.

Perhaps the last option on how to persuade someone to give you your money back is to ask for legal assistance. This should alert the person who owes you money to take you more seriously.

The whole ordeal will be to your advantage if you have some sort of written agreement that that person owes you money. Take the whole thing to court if you have to.

Of course, doing this also has consequences. You may find your relationship with that person constrained once the whole thing blows over.

Learning how to persuade someone to give you money is often a trying experience. Consider it a lesson learned and next time, you'll know who you should not lend money to. …