Chapter 3: Casualty (Liability) Basics Flashcards
A wrongful act
Violates a duty or the rights of another and for which compensation may be sought from the responsible party
Tort
Act or failure to act that is committed without the same level of care a reasonable individual would have exhibited
Unintentional tort
the liability assigned to one party for the conduct of another, based solely on a relationship between the two
Vicarious liability
failure to use ordinary care
negligence
failure to exhibit any sort of care through recklessness or deliberate indifference to the well-being of others
ex. driving under the influence of alcohol
gross negligence
artificial condition on land that attracts children
ex. swimming pool
attractive nuisance
loss of companionship of a spouse
loss of consortium
damages that can not be calculated
general damages
damages that are specific
special damages
to punish a wrongdoer from repeating negligent acts
punitive damages
physical injury
sickness, disease, death
expenses include medical bills, lost wages, mental anguish, pain and suffering, etc.
Bodily injury liability
physical damage to tangible property, including loss of use of that property
property damage liability
third parties sustained on an insured locations or as a result of the insured’s activities
made regardless of the insured’s negligence
coverage is provided to discourage liability claims
medical payments coverage
Libel, slader
Person Injury liability
formal statement made by the insured
provides details for the insurer to determine its liability under a policy
proof of loss