Ch. 4 Casualty (Liability) Insurance Basics Flashcards
Wrongful civil act
Tort
Failure to use care that a reasonable person would
Negligence
This defense prevents recovery for damages caused by a negligent party if the claimant (plaintiff) was negligent to any extent
Contributory Negligence
The defense, a claimant who is partially negligent is still entitled to damages, but damages are reduced in proportion to the claimant’s negligence
Comparative Negligence
This defense prevents recovery if the claimant knowingly assumed a risk, thus weakening or eliminating the defendant’s duty of care
Assumption of Risk
What are the two types of compensatory damages
General & Special Damages
Specific out-of-pocket expenses such as medical bills or property damage
Special Damages
Vague or unmeasurable expenses such as pain and suffering
General Damages
Punishment to prevent someone from committing an extreme or outrageous act again
Punitive Damages
Liability for all damages caused by a defective product, without regard to fault or negligence
Strict Liability
Liability associated with dangerous animal ownership, storage of firearms or weapons, and possession of explosive or highly flammable material
Absolute Liability
Liability for others you are responsible for
Vicarious Liability
An artificial condition on land that attracts children, such as a swimming pool
Attractive Nuisance
The limit of insurance is the maximum a liability policy will pay in the event of loss, regardless of the number of insureds, claims made, lawsuits filed, or parties making claims or filing lawsuits
Limits of Liability
Maximum a policy will pay for losses per accident or per-repeated exposure
Per Occurrence