Definitions Flashcards
Accommodation Sharing
An arrangement set up by means of a website or mobile app in which a property primarily occupied by its owner is rented for a short time period to a third party.
Subrogation
Legal process by which an insurance company, after the payment of a loss, is assigned the rights of the insured to recover the amount of the loss from those who are legally liable for it.
Hazard
a. A risk or probability that the event insured against might occur.
b. A condition that engenders or increases the chances of a loss.
Common Hazard
A hazard that is generally found in most occupancies. Heating, lighting, and housekeeping are examples of hazards common to most occupancies.
Special Hazards
Foreseen hazards/risks common to certain types of businesses that are not covered in an ordinary place. For example, woodworking plants and paint shops.
Automatic Sprinkler
A device to protect property from damage by fire in which water is piped to devices called sprinkler heads that melt with heat and release water to extinguish a fire.
Liability Insurance
Insurance that agrees to indemnify the insured for sums he or she may be required by law to pay third parties as damages for bodily injury or damage to property. The maximum amount of insurance provided under a policy of liability insurance.
Statute Law
A law set down in a government act and passed by legislature.
Tort
A legal wrong arising from a duty fixed by law. A breach of this duty that causes injury to persons or property is repressible by legal action for damages. Liability for tort involves a private or civil wrong or injury and is distinct from that under contract in that the duty is owed to people, generally, rather than to a specified individual.
Negligence
Failure to use the degree of care expected from a reasonable and prudent person.
Duty Of Care
The obligation that a person has to exercise reasonable care with respect to the interests of others, including protecting them from harm.
Private Nuisance
An unlawful interference of a person’s enjoyment and use of his or her land.
Public Nuisance
An action or a thing that interferes with the general public. It interferes with the public as a class, not merely with one person or a group of citizens.
Nuisance
In law, a class of wrong that arises out of unreasonable, unwarranted, or unlawful use by a person of his or her own property, whether that property be real or personal or from his or her own improper, indecent, or unlawful personal conduct and producing an annoyance, inconvenience, discomfort, or hurt to others or to their property that the law would presume a consequential damage. In insurance claims, it is most frequently met as a cause of action, arising from the escape of some obnoxious substance.
Occupancy
The act of holding possession of a property or premises. The term implies the use of the building for the purposes described in the policy, and no other. An occupied building has furnishings and/or people in it.
Trespasser
A person who wrongfully enters onto someone else’s land with neither the right nor permission to be there.
Licensee
A person who has permission to enter a premises for his or her own purpose.
Contractual Entrant
A person who enters onto premises under a contract with the occupier for example, a hotel guest or a theatre goer.
Invitee
A person who is expressly or impliedly invited onto the premises for some purpose involving economic or potential economic benefit to the occupier for the premises. For example, a customer entering a store for the purpose of making a purchase.
Hold Harmless Agreement
An agreement that allows one party to protect another party against any future losses or claims that may result from a particular activity. Also known as an indemnity agreement.