Casuality Insurance Terms Flashcards

(40 cards)

1
Q

Causality

A

Coverage designated to address the liability of individuals or organization resulting from negligent acts

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

General liability

A

Update

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Negligence

A

The law imposes a duty on everyone to act in a manner that will preserve the harmony of society
“Reasonable and prudent person”

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Four elements of negligence

A
  • 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
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Punitive damages

A

Negligence that provides a lesson is not covered by insurance
Non monetary losses

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Proximate cause

A

Uninterrupted chain of events

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Compensatory damages Awarded basis of two considerations.

A

Special damages

General damages

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Special damages

A

Out of pocket bills that include

  • Medical
  • Lost wages
  • Property
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

General damages

A

Compensation for an individual for the non monetary losses

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Liability coverages include

A
Bodily injury (PI)
Property Damage (PD)
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Bodily injury

A

On behalf of the insured all sums which the insured becomes legally obligated to pay for bodily injury by the insurer

Including death

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Trespassers

A

Enters property of another without the express or implied permission of the owner or occupier

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Licensees

A

Individuals who enter ones property with the knowledge or toleration of the owner.
Bill collectors door to door sales

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Invitees

A

Enters by invitation, express or implied
Connection with owners business
Provides a benefit to the owner

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Attractive nuisance

A

Anything that attracts a child

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Non-premises

A

We are required to act as a reasonable and prudent person would under given circumstances.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
17
Q

Mentally incompetent and infants meet age of reason

18
Q

Absolute liability

A

Imposes the responsibility for injury caused by instrumentalities upon the defendant without requiring the plaintiff to prove negligence

19
Q

Dangerous instrumentalities

A

Poisons, explosives,

20
Q

Res Ispa Loquitur

A

“Thing speaks for itself”

Accident that results from someone’s negligence

21
Q

Negligence Per Se

A

Conduct which is deemed negligent without argument because it was in violation of a statute

22
Q

Vicarious liability

A

The liability of one person is based upon the tort (legal wrongs) of another

23
Q

Independent contractors

A

Individuals who contract to do a particular job to specifications doing their own methods

24
Q

Negligence defenses

A
Assumption of risk
Contributory negligence 
Comparative negligence 
Last clear chance 
Avoidance consequence 
Intervening force
25
Assumption of risk
- Plaintiff has knowledge of risk | - Gave express or implied consent to engage in activity
26
Contributory negligence
J
27
Comparative negligence
A negligent plaintiff may recover a portion of damages in the same situation Damages are reduced in direct proportion to "share if negligence"
28
Last clear chance
Defense or a modification of the contributory negligence doctrine
29
Avoidable consequence
Doctrine imposes a duty on the plaintiff to minimize damages after a loss
30
Intervening force
Is a force which actively operates in producing harm to another after an initial Tory has been committed
31
Personal Injury
An injury other than bodily injury arising out of wrongful actions
32
Theft
Any act of stealing
33
Burglary
Forcible entry In or out of locked premises The purpose of theft Also includes forcing a watch person to open locked premises
34
Messenger
Employee that is insured and authorized to transport insured property outside the insured premesis
35
Custodian
Same as messenger but remains on the property
36
Securities
Negotiable- cashed in at any time Non negotiable-evidence of debt issued in connection through credit
37
What do securities not include
Cash money
38
Contributory Negligence
Defendants must be 100% at fault for an accident Claimant must be free of fault in order to collect
39
Proximate cause is
A reasonably foreseeable act or event that results in injury or damage.
40
Intervening cause
Doctrine that bars or reduces recovery to an injured person if the "intervening cause" set into motion a new chain of events