CPCU 552 Flashcards
(166 cards)
Any loss that a person or organization sustains as a result of a claim or suit against that person or organization by someone seeking damages or some other remedy permitted by law.
Liability Loss
The legally enforceable obligation of a person or an organization to pay a sum of money (called damages) to another person or organization
Legal liability
A classification of law that applies to legal matters not governed by criminal law and that protects rights and provides remedies for breaches of duties owed to others.
Civil law
The branch of the law that imposes penalties for wrongs against society.
Criminal law
A wrongful act or an omission, other than a crime or a breach of contract, that invades a legally protected right.
Tort
The failure to exercise the degree of care that a reasonable person in a similar situation would exercise to avoid harming others.
Negligence
A tort committed by a person who foresees (or should be able to foresee) that his or her act will harm another person.
Intentional tort
Liability imposed by a court or by a statue in the absence of fault when harm results from activities or conditions that are extremely dangerous, unnatural, ultrahazardous, extraordinary, abnormal, or inappropriate.
Strict liability (absolute liability)
A legally enforceable agreement between two or more parties in which each party makes some promise to the other.
Contract
The failure, without legal excuse, to fulfill a contractual promise.
Breach of contract
A contractual provision that obligates one of the parties to assume the legal liability of another party.
Hold-harmless agreement (or indemnity agreement)
Liability assumed through a hold-harmless agreement.
Contractual liability
A written law passed by a legislative body at either the federal or state level.
Statue
Any condition or situation that presents a possibility of loss, whether or not an actual loss occurs.
Loss exposure
A conscious act or decision not to act that reduces the frequency and/or severity of losses or makes losses more predictable.
Risk control
The event or circumstance that directly leads to an occurrence.
Root cause
A risk control technique that reduces the frequency of a particular loss.
Loss prevention
A risk control technique that reduces the severity of a particular loss.
Loss reduction
A risk control technique that involves ceasing or never undertaking an activity so that the possibility of a future loss occurring from that activity is eliminated.
Avoidance
A risk financing technique in which one party transfers the potential financial consequence of a particular loss exposure to another party that is not an insurer.
Noninsurance risk transfer
Laws that develop out of court decisions in particular cases and establish precedents for future cases.
Common law (case law)
The branch of civil law that deals with civil wrongs other than breaches of contract.
Tort law
The formal laws, or statues, enacted by federal, state, or local legislative bodies.
Statutory law
The event that triggers coverage under an occurrence coverage form: injury or damage that occurs during the policy period.
Occurrence coverage trigger