Chapter 5 Flashcards

1
Q

The maximum amount payable for all losses during a single policy period is known as the:

A
Select one:
a. aggregate limit
b. occurrence limit
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The correct answer is: aggregate limit
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2
Q

A carpenter working on a house has a hammer slip from his hands, but no damage occurs. This is not an accident because:

A
Select one:
a. no damage occurred.
b. it was unexpected.
c. it was not intentional.
d. it happened very suddenly.
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The correct answer is: no damage occurred.
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3
Q

Which of the following is an example of vicarious liability?

A

Select one:
a. A store owner is held liable when a store employee carelessly drops a box on a customer’s foot.
b. A store owner is held liable for carelessly dropping a box on a customer’s foot.
Feedback
Vicarious liability refers to liability for the acts of another. An employer has vicarious liability for the acts of its employees. This point is covered in the Update on the last page of Chapter 5.

The store owner dropping the box is ordinary negligence by the store owner. It does not involve liability for the acts of another.
The correct answer is: A store owner is held liable when a store employee carelessly drops a box on a customer’s foot

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4
Q

A tenant is wrongfully evicted. This is an example of:

A
Select one:
a. personal injury
b. bodily injury
Feedback
"Wrongful entry or eviction" is a Personal Injury covered under Part B of the CGL.

The correct answer is: personal injury

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5
Q

An electrical interruption causes a business to temporarily close. The electrical interruption is known as the?

A
Select one:
a. catastrophe
b. proximate cause
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The correct answer is: proximate cause
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6
Q

Which adds an unspecified amount (rather than a specific amount) to the policy’s limit of liability?

A
Select one:
a. Supplementary Payments
b. Med Pay
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The correct answer is: Supplementary Payments
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7
Q

A person’s duty to society and the degree of care required by the law may be insured by providing coverage for:

A
Select one:
a. property insurance
b. liability insurance
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The correct answer is: liability insurance
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8
Q

Liability results from:

A
Select one:
a. Invasion of the rights of others
b. Acts of nature
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The correct answer is: Invasion of the rights of others
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9
Q

“Bodily injury” includes each of the following except:

A
Select one:
a. disease
b. pain and suffering
c. personal injury
d. death
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The correct answer is: personal injury
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10
Q

The maximum amount payable for all losses resulting from one event is known as the:

A
Select one:
a. aggregate limit
b. occurrence limit
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The correct answer is: occurrence limit
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11
Q

Liability for the destruction of property is covered by:

A
Select one:
a. Physical Damage Coverage
b. Property Damage Coverage
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The correct answer is: Property Damage Coverage
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12
Q

Personal Injury Liability covers each of these EXCEPT:

A
Select one:
a. discrimination
b. slander
c. wrongful eviction
d. malicious prosecution
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Personal Injury will cover things like wrongful arrest, false imprisonment, malicious prosecution, libel, slander, and wrongful entry or eviction. However, discrimination is an exclusion from the Personal Injury coverage.

The correct answer is: discrimination

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13
Q

Supplementary payments cover:

A
Select one:
a. medical expenses
b. defense costs
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The correct answer is: defense costs
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14
Q

Liability insurance is a:

A

Select one:
a. two party contract with payment to a third party.
b. three party contract with payment to the insured.
Feedback
We can say it both ways. It is a two-party contract with payment to a third party or it is a three-party contract with payment to a third party. But it doesn’t pay the Insured! Property policies pay the Insured. Liability policies pay the third party - the victim.

The correct answer is: two party contract with payment to a third party.

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15
Q

A person with an alleged injury notifies a Producer that the Producer’s client negligently caused the injury. The producer should first notify the:

A
Select one:
a. Police
b. Insurance Commissioner
c. Insurer
d. Client
Feedback
New point not in the book! The Producer's fiduciary responsibility is to the Insurer. So, the Producer should first notify the Insurer. 

The correct answer is: Insurer

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16
Q

The liability policy may cover each of the following except:

A
Select one:
a. Bodily injury coverage (BI)
b. Personal Injury Liability (PI)
c. Intentional Acts
d. Supplementary Coverage
Feedback
The correct answer is: Intentional Acts
17
Q

Which of these involves negligence?

A

Select one:
a. A driver goes too fast and hits another vehicle.
b. A driver runs a stop light.
Feedback
Without injury or damage, there is no negligence.

The correct answer is: A driver goes too fast and hits another vehicle.

18
Q

Negligence is determined by:

A

Select one:
a. how the accused has acted in the past.
b. how a reasonable person would have acted under the circumstances.
Feedback
The correct answer is: how a reasonable person would have acted under the circumstances.

19
Q

The aggregate limit is the limit per:

A
Select one:
a. calendar year
b. policy year
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The correct answer is: policy year
20
Q

The limit payable for all losses in a policy year is the:

A
Select one:
a. aggregate limit.
b. occurrence limit.
Feedback
The correct answer is: aggregate limit.
21
Q

A car dealer sold a new car. Unfortunately, a shock absorber fell off the car, resulting in an accident. Both the car dealer and the manufacturer will most likely be held liable under the concept of:

A
Select one:
a. absolute liability
b. negligence
c. strict liability
Feedback
Absolute liability involves ultra hazardous activities, such as keeping wild animals or storing nuclear waste. Those situations don't apply here.

Sellers and manufacturers have “strict liability” for injuries caused by a defective and dangerous product regardless of whether negligence was involved.

Products liability cases are invariably decided on the basis of strict liability because it is so easy to show that the product was defective. Negligence is rarely used to bring such cases because of the difficulty of proving carelessness.

The correct answer is: strict liability

22
Q

The Insurer won’t cover:

A
Select one:
a. Compensatory Damages
b. Punitive Damages
Feedback
The Insurer will cover Compensatory Damages, but Punitive damages are usually excluded from coverage.

The correct answer is: Punitive Damages

23
Q

A liability policy covers:

A
Select one:
a. crimes
b. property damage
Feedback
Crimes are not covered because liability policies always exclude coverage for intentional acts.

The correct answer is: property damage

24
Q

Negligence is:

A

Select one:
a. any act which injures another.
b. failure to act as a reasonable person.
Feedback
The correct answer is: failure to act as a reasonable person.

25
Q

Which of the following involves the concept of “strict liability?”

A

Select one:
a. An automobile crash is caused by a defectively manufactured tire.
b. An intentional injury inflicted on another.
Feedback
Strict liability is also known as products liability. Manufacturers and distributors of dangerous and defective products have “strict liability” even though they may not have been negligent in the manufacture or distribution of the product.

The correct answer is: An automobile crash is caused by a defectively manufactured tire.