Casuality Insurance Terms Flashcards
(40 cards)
Causality
Coverage designated to address the liability of individuals or organization resulting from negligent acts
General liability
Update
Negligence
The law imposes a duty on everyone to act in a manner that will preserve the harmony of society
“Reasonable and prudent person”
Four elements of negligence
- Existence of a duty(law) to act in a certain way
- failure to live up to this duty
- injury must occur
- failure in duty must be proximate cause of the injury
Punitive damages
Negligence that provides a lesson is not covered by insurance
Non monetary losses
Proximate cause
Uninterrupted chain of events
Compensatory damages Awarded basis of two considerations.
Special damages
General damages
Special damages
Out of pocket bills that include
- Medical
- Lost wages
- Property
General damages
Compensation for an individual for the non monetary losses
Liability coverages include
Bodily injury (PI) Property Damage (PD)
Bodily injury
On behalf of the insured all sums which the insured becomes legally obligated to pay for bodily injury by the insurer
Including death
Trespassers
Enters property of another without the express or implied permission of the owner or occupier
Licensees
Individuals who enter ones property with the knowledge or toleration of the owner.
Bill collectors door to door sales
Invitees
Enters by invitation, express or implied
Connection with owners business
Provides a benefit to the owner
Attractive nuisance
Anything that attracts a child
Non-premises
We are required to act as a reasonable and prudent person would under given circumstances.
Mentally incompetent and infants meet age of reason
After 7
Absolute liability
Imposes the responsibility for injury caused by instrumentalities upon the defendant without requiring the plaintiff to prove negligence
Dangerous instrumentalities
Poisons, explosives,
Res Ispa Loquitur
“Thing speaks for itself”
Accident that results from someone’s negligence
Negligence Per Se
Conduct which is deemed negligent without argument because it was in violation of a statute
Vicarious liability
The liability of one person is based upon the tort (legal wrongs) of another
Independent contractors
Individuals who contract to do a particular job to specifications doing their own methods
Negligence defenses
Assumption of risk Contributory negligence Comparative negligence Last clear chance Avoidance consequence Intervening force