Insurance Ch 2 Flashcards
Wrongful act other than the breach of contract, for which a civil action may be brought against the tortfeasor, generally regarded as a crime.
Tort
A deliberately performed act such as assault, battery, libel, slander, or false arrest.
Intentional tort
Negligence or carelessness
Unintentional tort
The situation in which a high degree of care is imposed on the land occupier for certain conditions on the land. Examples include a pool that isn’t screened or fenced, vacant land, where children play, and land, with access to a river or lake.
Attractive nuisance
A situation where the standard of care is set by statute. Examples include school zones and crosswalks.
The defendant violated a statute enacted for safety purposes; The violation caused the plaintiff’s injury; The act caused the kind of harm the statute was designed to prevent
Negligence per se
Generally limited to manufactures and distributors of products found to be defective.
Strict liability
An extra hazardous condition which results in losses to others.
Example include keeping wild animals and blasting.
Absolute liability
When one person is held responsible for the negligent behavior of another person
Branch manager at the broker dealer who was responsible for the representatives
A manager at the insurance agency who is responsible for the agents
Vicarious liability
If one party recognizes and understands danger in an activity, yet voluntarily chooses to encounter it, another party cannot be held responsible for the injury.
Assumption of risk
Any negligence on the part of the injured party, although slight, defeats the claim. Examples include jaywalking and driving while drunk.
Contributory negligence
Any degree of negligence on the part of the injured party, does not defeat the claim, but is used in some manner to mitigate damages, payable by the other party. Damages are adjusted proportionally.
Comparative negligence
Any contributory negligence of the injured party will not bar recovery of damages if the other party, immediately prior to the accident, had a ________ to prevent the accident, but failed to do so. Example: road rage
Last clear chance
The party negligently pulled out onto the highway in front of another auto. The second auto would still be liable for the accident if there was sufficient time to swerve out of the way, but that second driver failed to see it.
Last clear chance
The jury determined that the injured party was half to blame for her injury. She has awarded half of the damages incurred.
Comparative negligence
The party falls as an extra hazardous situation through dangerous activities.
 absolute liability