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Adjuster Pro - Texas > 08. Liability and Law > Flashcards

08. Liability and Law Flashcards

1
Q

Statutory Law

A

based on written laws (i.e. state legislature)

  • statutory law governs the authority of common law
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2
Q

Common Law

A

based on court decisions and customs when statutory law does not provide an answer

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3
Q

Tort

A

Any civil wrongdoing, whether intentional or unintentional

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4
Q

Tort Law

A

The body of law that addresses and provides remedies for any civil wrongdoing performed on another party

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5
Q

Criminal Case vs. Civil Case

A

Criminal Case
- the state charges an individual

  • 100% of the jury must agree the charge has been proven

Civil Case
- one individual charges another

  • 51% of the evidence must favor the plaintiff’s case
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6
Q

Plaintiff

A

The person who suffered injury or damage; also known as the claimant

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7
Q

Tortfeasor

A

The person accused of committing a tort, otherwise known as the defendant

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8
Q

Joint Tortfeasor

A

A group of two or more persons accused of committing a tort

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9
Q

Jurisdiction

A

The authority of a court or judge to hear a case and to make a judgement

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10
Q

Judicial District

A

The designation of a geographic area over which a particular court has jurisdiction

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11
Q

Intentional Tort

A

A premeditated act that causes injury to a third party

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12
Q

Negligent Tort

A

A negligent act that causes unintentional injury to a third party

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13
Q

Complaint

A

When a claimant filed a lawsuit against a policyholder for damages the policyholder caused

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14
Q

How to answer a complaint

A

The Tortfeasor, or defendant’s, response to the complaint can be one of the following

  • I accept the complaint and will pay for damages
  • I deny the complaint
  • I accept the complaint with a right to insert evidence into the case

Default Judgement: if the defendant fails to answer the plaintiff’s complaint, and does not appear in court, the result will be a default judgement in favor of the plaintiff.

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15
Q

Duties of the Insured

A

When taken to court, the policyholder must:

  • alert the insurer
  • forward all information regarding the matter to the insurer
  • cooperate with insurer and adjuster in all matters related to the court case
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16
Q

Insurer’s Obligations

A

When a policyholder is taken to court, the insurer must:

  • defend the policyholder
  • pay any legal expenses that are incurred at its own request
17
Q

Reservation of Rights

A

When the circumstances of a lawsuit or a claim may not be covered under the policy, the insurer will issue a Reservation of Rights

  • gives the insurer time to investigate its obligations
  • allows the insurer to stop defending the policyholder or deny a claim if it finds that the case is not covered
  • gives the policyholder fair warning if she gs to prepare her own defense
18
Q

Necessary Elements of a Reservation of Rights

A

the letter must:

  • include the insurer’s name, the policy number, and the event or loss
  • clearly and concisely explain the situation, especially that the policyholder may not receive compensation or may have to defend himself in court
  • inform the policyholder about potential consequences ( i.e. he might have to reimburse the insurer for expenses it has already paid )
19
Q

Non-Waiver Agreement

A
  • also used when the insurer thinks coverage may not apply to a claim
  • allows insurers to keep its right to deny coverage
  • must be signed by the policyholder (but the insurer may not force a policyholder to sign)
20
Q

Damages

A

Monetary compensation for financial loss or injury awarded to a plaintiff by civil court

22
Q

Compensatory Damages

A

Money awarded for tangible and intangible economic loss

two types of compensatory damages

  • special
  • general
23
Q

Special Damages

A

Compensatory damages awarded for tangible losses with a quantifiable value

  • proven by providing medical bills, repair bills, etc.
24
Q

General Damages

A

Compensatory damages are determined by the court and awarded for tangible, emotional losses that are not quantifiable

losses with subjective value include:

  • expected future losses
  • mental anguish
  • permanent injury
  • loss of reputation
  • pain and suffering
  • future losses due to unemployment
25
Q

Punitive Damages

A

Money rewarded to punish egregious misconduct

  • for intentional acts, such as slander, fraud, violence, oppression, or recklessness
  • not typically covered in liability insurance
26
Q

Q: What are the 4 Categories of Harm? ( and 2 types of damages )

A
  • Physical
  • Special
  • Physical & Financial
  • Emotional or Repetitional

(types of damages)

  • Compensatory
  • Punitive
27
Q

Statute of Limitations ( liability law )

A

A law limiting the amount of time an injured party has to file a complaint after an occurrence

28
Q

Discovery Rule ( liability law )

A

Statutes of limitations run from when an injury is, or should have been, discovered

29
Q

Wrongful Death Act

liability law

A

Law that defines the rights of individuals who are associated with someone who was killed because of a negligent act

Plaintiffs may sue for damages such as:

  • loss of companionship
  • loss of income
  • pain and suffering
30
Q

Sovereign Immunity ( liability law )

A

Law that restricts people from suing governmental entities

31
Q

Waiver of Sovereign Immunity

liability law

A

Law that allows individuals to sue governmental entities for damages in certain cases

32
Q

Workers’ Compensation Laws

liability law

A

Restrict an employee’s right to sue his or her employer for injuries that occurred on the job

33
Q

Automobile No-Fault Laws

liability law

A

Restrict an individual’s right to sue the driver of a motorized vehicle

34
Q

Product Warranty

liability law

A

A manufacturer’s guarantee ensuring the quality of its products

35
Q

Breach of Product Warranty

liability law

A

If a product is not suitable for its intended purpose and causes injury or damage, the manufacturer is considered strictly liable and may be sued by the consumer

Adjuster Pro - Texas (16 decks)

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