Insurance: Chapter 2 Flashcards
What opportunities provide ways to manage personal risk?
- Death
- Disability
- Poor Health
- Unemployment
- Superannuation (risk of outliving individuals or couples money)
What 3 properties are examples in which risks and costs can be managed?
- Real
- Personal
- Auto
What actions create liability?
- Negligence
- Intentional Torts
- Strict Liability
What is a Tort?
A wrongful act other than a breach of contract for which a civil action may be brought against the tortfeasor.
*A tort is generally regarded as a crime.
What is an intentional tort?
A deliberately performed act such as assault, battery, libel, slander or false arrest
What is an unintentional tort?
Negligence or carelessness
What is an attractive nuance and an example of it?
A situation in which a high degree of care is imposed on the land occupied for certain conditions on the land.
Ex: A pool that isn’t screened or fenced or a vacant lot where children play
What is negligence per se with an example of it?
A situation where the standard of care is set by a statute.
Ex: A school zone or crosswalks
What is strict liability with an example of it?
(Product liability) Generally limited to manufactures and distributors of products found to be defective.
Ex: Pharmacueticals that cause illness or death, cars found to have defects
What is absolute liability and an example?
An extra hazardous condition that results in losses to others.
Ex: Keeping of wild animals, workers’ compensation and blasting
What is vicarious liability or respondeat superior with an example?
When one person is held liable for the negligent behavior of another person.
Ex: Branch manager at BD responsible for supervising other, same as manager at insurance agency
What is the assumption of risk?
One party recognizes and understands the danger in an activity yet voluntarily chooses to encounter it, another party cannot be held responsible for the injury.
Ex: Skiing, stock car racing
What is contributory negligence?
Any negligence on the part of the injured party, although slight, defeats the claim.
Ex: Jaywalking or Drunk Driving
What is comparative negligence?
Any degree of negligence on the part of the injured party, this does not defeat the claim, but is used in some manner to mitigate damages payable by the other party. Damages are adjusted proportionally
Ex: Injured party is found 20% negligent, the other party is found 80% negligent.
What does the term last clear chance mean?
Any contributory negligence of the injured party will not bar recovery of damages if the other party (immediately prior to the accident) had a last clear chance to prevent the accident but failed to do so.
Ex: Road rage