Casualty (liability) Basic Flashcards
tort
a wrongful act, other than a breach of contract or a crime that violates a duty or the
rights of another and for which compensation may be sought from the responsible party.
intentional tort
is a deliberate act that harms another and for which the injured party is
permitted by law to sue the wrongdoer.
Liability insurance
provides coverage for most unintentional torts and excludes intentional torts
Vicarious liability
is assigned to one party for the conduct of another, based solely on a
relationship between the two.
Compensatory damages
are awarded to an injured party for actual loss sustained.
Special damages
are compensatory damages for tangible expenses such as bills, loss of earnings,
and the costs to repair or replace damaged property
General damages
are compensatory damages for pain, suffering, mental anguish, disfigurement,
and similar types of losses that cannot be objectively calculated.
Bodily injury liability
is the legal liability arising from physical injury, including sickness, disease,
and death caused by the acts or omissions of an insured. Bodily injury liability expenses include
medical bills, lost wages, mental anguish, disfigurement, pain and suffering, etc.
Property damage liability
pays for the legal liability arising from physical damage to tangible
property, including loss of use of that property, caused by the acts of an insured. Property
damage liability expenses include the actual cost of repair or replacement of the damaged
property as well as the inability to use damaged property (loss of use).
Medical payments coverage
pays for necessary medical, surgical, x–ray, dental, ambulance,
hospital, professional nursing, and funeral expenses incurred by a third party on the insured’s
premises regardless of fault.
Personal injury liability
is the legal liability arising from the wrongful conduct of the insured
resulting in injuries to one’s mental or emotional wellbeing and not bodily injury or property
damage.
accident
is a sudden, unforeseen, unintended, and unplanned event from which loss or
damage results.
Negligence
is a tort and, specifically, the failure to use the same degree of care a reasonable and
prudent person would use when given the same knowledge and set of circumstances. ( lack of common sense)
Contributory negligence
is a defense for negligence in which the claimant was also negligent to
any degree.
Comparative negligence
involves fault on the part of all parties and the damages are reduced in
proportion to the degree of negligence
absolute liability,
a claimant does not have to prove fault in order to collect damages.
Strict liability
applies when a manufacturer is held liable whether or not its product was
defective in causing injuries.
excess policy
pays a covered claim after the primary policies exhaust their limits or deny
coverage.
pro rata
loss payment provision requires each insurer to pay its share of a loss in proportion to
the coverage of that policy as it relates to the total of all insurance on the risk.
limit of liability
is the dollar amount of coverage specified for a liability loss
aggregate limit
is the maximum amount payable for loss per location or per person from all
occurrences within a policy period regardless of the number of separate accidents.
split limit of liability
is the amount of coverage divided between bodily injury and property
damage.
combined single limit
is the policy limit applied to either bodily injury or property damage as
needed or in any combination
