Casualty ins basics Flashcards
Loss ratio formula
(Incurred losses + Loss adjusting expense) / Earned premium = loss ratio
Negligence
the failure to use the care that a reasonable, prudent person would have any taken under the same or similar circumstances
torts
a wrongful act or the violation of someone’s rights that leads to legal liability. can be intentional or unintentional (negligence)
intentional tort
any deliberate act that causes harm to another person regardless of intent
unintentional tort
the result of acting without proper care. referred to as negligence
elements of a negligent act
all 4 elements must be present in order to prove negligence
- legal duty: to act :
- standard of care: acting as a resonable person would act
- unbroken chain of events: beginning with the negligence and leading to the injury or damage
- actual loss or damage: the negligence must have been the cause without which the accident would not have happened (direct liability)
proximate cause
an act or event considered a natural or reasonably foreseeable cause of damage or event that occurs and damages prop or injures the plaintiff. the negligence must have been the proximate cause of the damage.