Casualty (Liability) Basics Flashcards
What is a liability policy?
A liability policy provides protection for legal liability arising from unintentional torts for bodily injury or property damage to others.
Also referred to as 3rd party insurance
another name for liability insurance
Third-party Insurance
Name the 1st, 2nd, and 3rd parties to insurance
1st-insured
2nd-insurer
3rd-claimant
the responsibility under law or contract for an act or failure to act
legal liability
a wrongful act, other than a breach of contract, that violates a duty or the rights of another and for which compensation may be sought from the responsible party
Tort
a deliberate act that harms another and for which the injured party is permitted by law to sue the wrongdoer
intentional tort
also known as negligence, is an act, or failure to act that is committed without the same level of care a reasonable individual would have exhibited given the same knowledge and set of circumstances
unintentional tort
assigned to one party for the conduct of another, based solely on a relationship between the two. Examples include employer/employee relationships and parent/child relationships.
Vicarious Liability
Failure to use ordinary care. For example, running a red light.
Negligence
Failure to exhibit any sort of care through recklessness or deliberate indifference to the well-being of others. For example, driving while under the influence of alcohol
Gross Negligence
artificial condition on land that attracts children, such as a swimming pool, and requires the owner to exhibit a special duty of care. Legally, children are considered invitees to the premises if it contains an _________even when they are not expressly invited.
Attractive Nuisance
Compensation to a husband or wife for the loss of companionship of a spouse
Loss of Consortium
Awarded to the injured party for the actual loss sustained
Compensatory Damages
what are the two types of compensatory damages?
Special or General.
an award to an injured party for actual and known expenses such as bills, loss of earnings, and the costs of repairing or replacing damaged property. Paid for tangible loss or damage
Special damages
an award to an injured party for pain, suffering, mental anguish, disfigurement, and similar types of losses. paid for losses that cannot be calculated objectively and assigned a specific dollar value.
General Damages
An award to an injured party, in addition to compensatory damages, to punish and discourage a wrongdoer from repeating negligent acts or omissions. Most liability policies do not provide coverage for this.
Punitive Damages
Legal liability arising from physical injury, including sickness, disease, and death caused by the acts or omissions of an insured. Expenses include medical bills, lost wages, mental anguish, pain and suffering, etc.
Bodily Injury
arising from physical damage to tangible property, including loss of use of that property, caused by the acts of an insured. Expenses include: actual cost of repair or replacement of the damaged property as well as the inability to use damaged property (loss of use).
Property Damage Liability
Coverage for the bodily injury of third parties sustained on an insured location or as a result of the insured’s activities. This coverage is provided to discourage liability claims and lawsuits and, when payments are made, are not an admission of liability.
medical payments coverage
arising from specific offenses committed by an insured that results in injury other than bodily injury or property damage. Includes: libel, slander, false arrest, invasion of privacy, and copyright infringement. anything considered to affect one’s reputation or emotional well-being
Personal Injury Liability
sudden, unforeseen, unintended, and unplanned event from which loss or damage results.
accident
An accident includes continuous or repeated exposure to the same general harmful conditions.
occurance
Insured must notify the insurer in writing as soon as possible in the event of any loss or occurrence.
Notice of Loss
The written notice should include:
named insured, policy number, and details about the time, place, circumstances of the occurrence, and names and addresses of any claimants and witnesses.
A formal statement made by the insured and provided to the insurer that provides necessary details for the insurer to determine its liability under a policy
proof of loss
A document that shows evidence that specific types of insurance were purchased by the insured, at certain limits, and that they were in place on the date the certificate of insurance was issued
Certificate of Insurance
Element of Negligence:
In order for an act or failure to act to be negligent, it must contain these 4 elements:
( If any of the four elements is absent, an act, or the failure to act, is not considered negligent.)
Duty is owed, violation of duty, violation of duty is proximate cause, foreseeable consequence
element of negligence:
Requires the injured party to prove the alleged wrongdoer owed a duty to the injured party or to the public.
Duty is owed