Definitions Flashcards
Defendant
In civil matters, the person or organization that is being sued
In civil matters, the person or organization that is being sued
Defendant
The party who brings a legal action against another, called the defendant
Plaintiff
Plaintiff
The party who brings a legal action against another, called the defendant
Accident Benefits
Indemnity provided to an insured on a first-party basis towards the cost of medical and rehabilitative care for the treatment and recovery of injuries, arising out of the use or operation of an insured’s automobile. Accident Benefits may include provisions for the partial reimbursement of wage loss and home care expenses. Such benefits may also include funeral expenses and survivor’s benefits in the event of a loss that involves an insured’s fatality
Indemnity provided to an insured on a first-party basis towards the cost of medical and rehabilitative care for the treatment and recovery of injuries, arising out of the use or operation of an insured’s automobile. Accident Benefits may include provisions for the partial reimbursement of wage loss and home care expenses. Such benefits may also include funeral expenses and survivor’s benefits in the event of a loss that involves an insured’s fatality
Accident Benefits
At Fault
Where an insured is held legally liable for damage or injury (a term usually used in automobile or casualty insurance); a concept used in direct compensation in determining the degree of liability and amount of compensation.
Where an insured is held legally liable for damage or injury (a term usually used in automobile or casualty insurance); a concept used in direct compensation in determining the degree of liability and amount of compensation.
At Fault
An endorsement added to a written document, particularly an agreement between parties, altering its provisions
Endorsement
Endorsement
An endorsement added to a written document, particularly an agreement between parties, altering its provisions
Additional optional vehicle insurance, available as a package policy or customized insurance, purchases by insureds to provide higher coverage limits, lower coverage deductibles, or coverage for additional perils in provinces with mandatory government insurance plans for basic coverage.
Extension Insurance
Extension Insurance
Additional optional vehicle insurance, available as a package policy or customized insurance, purchases by insureds to provide higher coverage limits, lower coverage deductibles, or coverage for additional perils in provinces with mandatory government insurance plans for basic coverage.
An automobile owned by the insured
Owned Automobile
Owned Automobile
An automobile owned by the insured
A policy that protects the insured against third party claims arising out of some other person using his own vehicle in the business of the insured.
Non-owned Automobile Insurance
Non-owned Automobile Insurance
A policy that protects the insured against third party claims arising out of some other person using his own vehicle in the business of the insured.
Insurance that does note participate until all other similar insurance on the same subject is exhausted, or until the loss exceeds a previously agreed- upon amount. Where there are two policies on a risk and both contain a provision that they are “excess to all other insurance”
Excess Insurance
Excess Insurance
Insurance that does note participate until all other similar insurance on the same subject is exhausted, or until the loss exceeds a previously agreed- upon amount. Where there are two policies on a risk and both contain a provision that they are “excess to all other insurance”
A type of potential replacement insurance company policy that indemnifies the insured only in the absence of another primary policy
Contingent Insurance
Contingent Insurance
A type of potential replacement insurance company policy that indemnifies the insured only in the absence of another primary policy
An online-enabled application or website used by persons to prearrange the transportation of passengers for compensation by a transportation network driver.
Transportation Network
Transportation Network
An online-enabled application or website used by persons to prearrange the transportation of passengers for compensation by a transportation network driver.
A contract under which one party (the surety) guarantees the performance of certain obligations of second party (the principal) to a third party (the obligee)
Surety Bond
Surety Bond
A contract under which one party (the surety) guarantees the performance of certain obligations of second party (the principal) to a third party (the obligee)
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
Tort
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
Failure to use the degree of care expected from a reasonable and prudent person
Negligence
Insurance that agrees to indemnify the insured for sums the insured may be required by law to pay to third parties as damages for bodily injury or damage to property. The maximum amount of insurance provided under a policy of liability insurance
Liability Insurance
Liability Insurance
Insurance that agrees to indemnify the insured for sums the insured may be required by law to pay to third parties as damages for bodily injury or damage to property. The maximum amount of insurance provided under a policy of liability insurance
The burden or responsibility of proof and is sometimes referred to by its Latin Term, Onus Probandi
Onus of Proof
Onus of Proof
The burden or responsibility of proof and is sometimes referred to by its Latin Term, Onus Probandi
Driver’s fault chart
A set of accident scenarios to determine fault or liability between drivers involved in an accident and the compensation payable. It takes into account the Highway Traffic Code and case law.
A set of accident scenarios to determine fault or liability between drivers involved in an accident and the compensation payable. It takes into account the Highway Traffic Code and case law.
Driver’s fault chart
A legal decision that serves as a bass to resolve subsequent disputes in similar cases
Precedent
Precedent
A legal decision that serves as a bass to resolve subsequent disputes in similar cases
In the event of an accident, each insured will obtain compensation from his or her insurer according to the insured’s degree of fault for an accident
Direct Compensation
Direct Compensation
In the event of an accident, each insured will obtain compensation from his or her insurer according to the insured’s degree of fault for an accident
To provide compensation for loss or expenses incurred
Indemnify
Indemnify
To provide compensation for loss or expenses incurred
Covers damage to, or the loss of use of, an automobile or its contents, to the extent that the driver of another vehicle was at fault for the accident. It is called “direct compensation” because even though someone else caused the damage, the insured person collects directly from his or her insurer instead of from the person who caused the accident
Direct Compensation-property damage
Direct Compensation-property damage
Covers damage to, or the loss of use of, an automobile or its contents, to the extent that the driver of another vehicle was at fault for the accident. It is called “direct compensation” because even though someone else caused the damage, the insured person collects directly from his or her insurer instead of from the person who caused the accident
Liability imposed by law on individuals or corporations to pay for harm done to others. Such law may be the common law, statute law, or customs that over a period of time have taken on the same status of law. Legal liability may also be assumed under the terms of a contract
Legal Liability
Legal Liability
Liability imposed by law on individuals or corporations to pay for harm done to others. Such law may be the common law, statute law, or customs that over a period of time have taken on the same status of law. Legal liability may also be assumed under the terms of a contract
Any person (including a corporation) covered by an insurance policy. In some policies, the term may be defined exhaustively to limit the coverage or defined broadly to expand coverages
Insured
Insured
Any person (including a corporation) covered by an insurance policy. In some policies, the term may be defined exhaustively to limit the coverage or defined broadly to expand coverages
A term used in auto and liability policies meaning physical injury, including sickness, disease, mental injury, shock, or death
Bodily Injury
Bodily Injury
A term used in auto and liability policies meaning physical injury, including sickness, disease, mental injury, shock, or death
The person or party designed in the policy as the insured, who has certain rights under the policy, as opposed to someone who may be covered by the policy but is not specifically named and does not have the same rights as the named insured
Named Insured
Named Insured
The person or party designed in the policy as the insured, who has certain rights under the policy, as opposed to someone who may be covered by the policy but is not specifically named and does not have the same rights as the named insured
A person other than the named insured who is protected by the terms of the policy. The additional insured may be named or unnamed
Additional Insured
Additional Insured
A person other than the named insured who is protected by the terms of the policy. The additional insured may be named or unnamed
The smallest amount of third-party liability insurance that may be purchased in any Canadian Jurisdiction
Minimum Limits
Minimum Limits
The smallest amount of third-party liability insurance that may be purchased in any Canadian Jurisdiction
Priorities of payment
A system that specifies how much of the minimum policy limit will apply to bodily injury claims and how much will apply to property damage claims in situations where there is not enough insurance to coverage all the combined claims
A system that specifies how much of the minimum policy limit will apply to bodily injury claims and how much will apply to property damage claims in situations where there is not enough insurance to coverage all the combined claims
Priorities of payment
Absolute Liability
Liability associated with very dangerous actions. Often found in cases involving explosives and in many automobile laws. Negligence does not have to be proven
Liability associated with very dangerous actions. Often found in cases involving explosives and in many automobile laws. Negligence does not have to be proven
Absolute Liability
Special prescribed and standardized conditions that the provincial and territorial insurance acts require to be included in insurance policies
Statutory Conditions
Statutory Conditions
Special prescribed and standardized conditions that the provincial and territorial insurance acts require to be included in insurance policies
Non-Economic Loss
Payment for loss or harm that is not assessable in money. Where personal injury occurs, compensation may be payable for non-economic loss in the form of pain and suffering during serious illness and also physical defects, disfigurement, or other permanent aftereffects. Also called non-pecuniary loss
Payment for loss or harm that is not assessable in money. Where personal injury occurs, compensation may be payable for non-economic loss in the form of pain and suffering during serious illness and also physical defects, disfigurement, or other permanent aftereffects. Also called non-pecuniary loss
Non-Economic Loss
Damages or loss that can be quantified in money. Also known as pecuniary loss
Economic Loss
Economic Loss
Damages or loss that can be quantified in money. Also known as pecuniary loss
The words or language describing the nature and type of injury that must be suffered in order to be able to commence a legal action against the responsible party
Verbal Threshold
Verbal Threshold
The words or language describing the nature and type of injury that must be suffered in order to be able to commence a legal action against the responsible party
An agreed specified amount that the insured must pay on a claim before the insurance company will cover the rest of the claim. This amount is agreed upon by both the insurer
Deductible
Deductible
An agreed specified amount that the insured must pay on a claim before the insurance company will cover the rest of the claim. This amount is agreed upon by both the insurer
Many accidents are the partial fault of both parties who are involved in the accident. The plaintiff who sues another party for damages who also be guilty of some negligence, which is a concurrent cause of the damage, and is therefore guilty of contributory negligence
Contributory Negligence
Contributory Negligence
Many accidents are the partial fault of both parties who are involved in the accident. The plaintiff who sues another party for damages who also be guilty of some negligence, which is a concurrent cause of the damage, and is therefore guilty of contributory negligence
A wrongdoer- A party guilty of tort
Tortfeasor
Tortfeasor
A wrongdoer- A party guilty of tort
Damage to the insured’s own vehicle
Own Damage
Own Damage
Damage to the insured’s own vehicle
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
Subrogation
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
Simply, it means paying certain claims without reference to who was at fault. Used to describe a system for improving the compensatory process for automobile accident victims by eliminating costly and lengthy litigation. An automobile insurance system where accident victims are compensated by their insurer regardless of fault
No-Fault
No-Fault
Simply, it means paying certain claims without reference to who was at fault. Used to describe a system for improving the compensatory process for automobile accident victims by eliminating costly and lengthy litigation. An automobile insurance system where accident victims are compensated by their insurer regardless of fault
Rules set out in automobile insurance legislation that are used by insurers to determine fault or responsibility for direct compensation property damage claims, but not for injury claims
Fault Determination rules
Fault Determination rules
Rules set out in automobile insurance legislation that are used by insurers to determine fault or responsibility for direct compensation property damage claims, but not for injury claims
An unusual, fortuitous, unexpected, or unforeseen event or occurrence
A mishap that is not expected or designed
Accident
Accident
An unusual, fortuitous, unexpected, or unforeseen event or occurrence
A mishap that is not expected or designed
One who has a right because of possession in or control over certain property or premises; one who acquires title by occupancy; a person who lives in or is the established user of a place such as a home or office or automobile; includes the driver who is in or on a vehicle or getting into, on, out of, or off of a vehicle.
Occupant
Occupant
One who has a right because of possession in or control over certain property or premises; one who acquires title by occupancy; a person who lives in or is the established user of a place such as a home or office or automobile; includes the driver who is in or on a vehicle or getting into, on, out of, or off of a vehicle.
Consumer price index (CPI)
An index that measures changes in the price level of a market basket of consumer goods and service purchased by households
An index that measures changes in the price level of a market basket of consumer goods and service purchased by households
Consumer price index (CPI)
One who enlists others to act as “claimants” in a scheme to commit fraud in exchange for a monetary benefit. The people recruited pay a fee to participate in the scam and in return, are offered a portion of the accident benefits
Recruiter
Recruiter
One who enlists others to act as “claimants” in a scheme to commit fraud in exchange for a monetary benefit. The people recruited pay a fee to participate in the scam and in return, are offered a portion of the accident benefits
Uninsured Automobile
One for which neither the owner nor driver has liability insurance to coverage bodily injury or property damage arising out of its ownership, use, or operation, or the insurance is not collectible. This does not include an automobile owned by or registered in the name of the insured person or his or her spouse
One for which neither the owner nor driver has liability insurance to coverage bodily injury or property damage arising out of its ownership, use, or operation, or the insurance is not collectible. This does not include an automobile owned by or registered in the name of the insured person or his or her spouse
Uninsured Automobile
One whose owner or driver cannot be determined for example, in a hit and run. It is deemed to be in fact “uninsured”
Unidentified automobile
Unidentified automobile
One whose owner or driver cannot be determined for example, in a hit and run. It is deemed to be in fact “uninsured”
A fund used to pay losses arising out of automobile accidents in which there is no applicable insurance. In most cases, the fund is financed by the government from general taxes and license fees; in some jurisdictions, it is financed and underwritten by insurance companies as a group
Unsatisfied judgement fund
Unsatisfied judgement fund
A fund used to pay losses arising out of automobile accidents in which there is no applicable insurance. In most cases, the fund is financed by the government from general taxes and license fees; in some jurisdictions, it is financed and underwritten by insurance companies as a group
The event that caused a loss covered by the policy; for example- fire, windstorm
Peril
Peril
The event that caused a loss covered by the policy; for example- fire, windstorm
An item of coverage in an automobile physical damage policy insuring against loss or damage resulting from numerous miscellaneous causes such as fire, theft, windstorm, flood, or vandalism. Usually, does not include loss by collision or upset
Comprehensive automobile coverage
Comprehensive automobile coverage
An item of coverage in an automobile physical damage policy insuring against loss or damage resulting from numerous miscellaneous causes such as fire, theft, windstorm, flood, or vandalism. Usually, does not include loss by collision or upset
A term used in marine insurance for a loss that is shared by interests such as the owner of the ship, owners of the cargo, receivers of the freight charges, etc. that arises from a voluntary sacrifice for the benefit of all. For example, a part of the cargo may be jettisoned to save the ship and the rest of the cargo from sinking
General average
General average
A term used in marine insurance for a loss that is shared by interests such as the owner of the ship, owners of the cargo, receivers of the freight charges, etc. that arises from a voluntary sacrifice for the benefit of all. For example, a part of the cargo may be jettisoned to save the ship and the rest of the cargo from sinking
The remaining value of property after severe damage by fire and other peril. The overall loss is reduced by the salvage value. Undamaged property may be quite saleable and some property may be only partially damaged, thus repairable and then saleable
Salvage
Salvage
The remaining value of property after severe damage by fire and other peril. The overall loss is reduced by the salvage value. Undamaged property may be quite saleable and some property may be only partially damaged, thus repairable and then saleable
An automobile that is used by an insured temporarily because the described automobile is out of service because of breakdown, repairs, servicing, theft, sale, or destruction. The TSA cannot be owned by the insured or by anyone living in the same dwelling with the insured. The coverage of described automobile applies to the TSA, even though the vehicle may be insured by its owner
Temporary substitute automobile (TSA)
Temporary substitute automobile (TSA)
An automobile that is used by an insured temporarily because the described automobile is out of service because of breakdown, repairs, servicing, theft, sale, or destruction. The TSA cannot be owned by the insured or by anyone living in the same dwelling with the insured. The coverage of described automobile applies to the TSA, even though the vehicle may be insured by its owner
A declaration made under statutory authority before a justice of the peace or commissioner of oaths asserting knowledge of a circumstance, event, or fact. This may be substituted for a statement under oath or affirmation
Statutory declaration
Statutory declaration
A declaration made under statutory authority before a justice of the peace or commissioner of oaths asserting knowledge of a circumstance, event, or fact. This may be substituted for a statement under oath or affirmation
The fair market value of property, taking into account factors that might augment or reduce the value of the property in question. Actual cash value (ACV) is usually calculated in one of 3 ways; 1. cost to repair or replace, less depreciation
- fair market value
- consideration of all relevant evidence of the value of the damaged property
Actual Cash Value (ACV)
Actual Cash Value (ACV)
The fair market value of property, taking into account factors that might augment or reduce the value of the property in question. Actual cash value (ACV) is usually calculated in one of 3 ways; 1. cost to repair or replace, less depreciation
- fair market value
- consideration of all relevant evidence of the value of the damaged property
A vehicle that does not exist or is already wrecked
Phantom vehicle
Phantom vehicle
A vehicle that does not exist or is already wrecked