Insurance Flashcards
(107 cards)
Risk
condition with a possibility of loss (starting a business)
Peril
cause of a loss (fire, theft, collision)
Hazard
condition that may create or increase the chance of loss (building a home near a river)
indemnity
insured is reimbursed for the amount lost (no profiting)
Subrogation
right for insurance company to sue if it determines a different insurance company or person is responsible for payment
Unilateral
only one of the parties (the insurance company) makes a binding promise
Adhesion
contract is accepted as is or not at all
Waiver provision
agent nor the insured can change the contract terms
Aleatory
dollars spent by parties of the contract is unequal
Rescission
contract is deemed null from the beginning and premiums refunded in the event of fraud, misrepresentation, concealment, or mutual mistakes
Reformation
contract can be amended when insured was promised something and insurance company doesn’t fulfill that promise
Collateral source rule
insured can sue the person at fault even if her own insurance would cover the claim (ex: made whole by insurance company for fire but fire causes daughter mental anguish, you can still sue)
Tort
Wrongful act
Intentional tort
deliberately preforming an act that is an infringement of rights (assault, libel, slander)
Unintentional tort
negligence or carelessness
Attractive nuisance
something about a property that could injure someone (swimming pool)
Negligence per se
violation of a statute (school zones or crosswalks)
Strict liability
limited to distribution of products found to be defective (food with bacteria, cars with defects, pharmaceuticals that cause illness)
Absolute liability
extra hazardous condition which results in losses to others (keeping wild animals)
Vicarious liability/respondeat superior
when one person is held liable for the negligent behavior of another person (parents responsible for child’s car crash)
Assumption of risk
another party cannot be responsible for the injury if one party recognizes and understands danger in activity (signing a liability waiver)
Contributory negligence
any negligence on the part of the injured party defeats the claim (jaywalking, being drunk)
Comparative negligence
injured pedestrian is found 20% negligent and driver is found 80% negligent so damages are adjusted proportionally
Last clear chance
other party prior to the accident had a chance to prevent the accident but failed to do so (rear end someone when you could have braked)