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NY Personal Lines > Casuality Insurance Terms > Flashcards

Casuality Insurance Terms Flashcards

1
Q

Causality

A

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

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2
Q

General liability

A

Update

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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”

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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
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5
Q

Punitive damages

A

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

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6
Q

Proximate cause

A

Uninterrupted chain of events

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7
Q

Compensatory damages Awarded basis of two considerations.

A

Special damages

General damages

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8
Q

Special damages

A

Out of pocket bills that include

  • Medical
  • Lost wages
  • Property
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9
Q

General damages

A

Compensation for an individual for the non monetary losses

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10
Q

Liability coverages include

A 
Bodily injury (PI)
Property Damage (PD)
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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

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12
Q

Trespassers

A

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

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13
Q

Licensees

A

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

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14
Q

Invitees

A

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

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15
Q

Attractive nuisance

A

Anything that attracts a child

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16
Q

Non-premises

A

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

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17
Q

Mentally incompetent and infants meet age of reason

A

After 7

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
Q

Assumption of risk

A
  • Plaintiff has knowledge of risk

- Gave express or implied consent to engage in activity

26
Q

Contributory negligence

A

J

27
Q

Comparative negligence

A

A negligent plaintiff may recover a portion of damages in the same situation
Damages are reduced in direct proportion to “share if negligence”

28
Q

Last clear chance

A

Defense or a modification of the contributory negligence doctrine

29
Q

Avoidable consequence

A

Doctrine imposes a duty on the plaintiff to minimize damages after a loss

30
Q

Intervening force

A

Is a force which actively operates in producing harm to another after an initial Tory has been committed

31
Q

Personal Injury

A

An injury other than bodily injury arising out of wrongful actions

32
Q

Theft

A

Any act of stealing

33
Q

Burglary

A

Forcible entry
In or out of locked premises

The purpose of theft

Also includes forcing a watch person to open locked premises

34
Q

Messenger

A

Employee that is insured and authorized to transport insured property outside the insured premesis

35
Q

Custodian

A

Same as messenger but remains on the property

36
Q

Securities

A

Negotiable- cashed in at any time

Non negotiable-evidence of debt issued in connection through credit

37
Q

What do securities not include

A

Cash money

38
Q

Contributory Negligence

A

Defendants must be 100% at fault for an accident

Claimant must be free of fault in order to collect

39
Q

Proximate cause is

A

A reasonably foreseeable act or event that results in injury or damage.

40
Q

Intervening cause

A

Doctrine that bars or reduces recovery to an injured person if the “intervening cause” set into motion a new chain of events

NY Personal Lines (10 decks)

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