Introduction to Liability Insurance Flashcards
A liability loss occurs when….?
a person is determiend to have been responsible for loss to another person or another person’s property and is requried to reimburse them financially.
A person becomes liabile to another person by committing a what?
tort
what is a tort?
a civil wrong that violates the rights of another.
what is another term for an unintentional tort?
negligence
what is negligence?
negligence is the lack of responsible care that is required to protet other from the unreasonable chance of harm.
If the insured is to be held liable for certain events or action, the individual must be what?
The individual must have been negligent
Who determines negligence?
A court of law
What for factors must be involved in order to establish negligence according to the court of law?
- legal duty owed
- breach of legal duty owed
- proximate cuase
- damages
What does legal duty owed mean which is the first factor involved in order to establish negligence according to the court of law?
It means that each person in society has a duty to one another to protect peoples rights and property
- just read over. each person expected to behave like a reasonable or prudent person following those ordinary considerations that God human affairs this is sometimes known as the in REASONABLE person rule, or prudent person rule.
What does breach of legal duty owed mean which is the second factor involved in order to establish negligence according to the court of law?
What does degree of care standard of care me?
The duty owed by one person to another.
What is an invitee? a licensee? and a trespasser?
invitee: a person invited onto the premises involving potential benefit to the property owner
licensee: a person on the premises with the owners consent for the sole benefit of the visitor
Trespasser: one who was on the premises, without permission, either expressed or implied
Know this story about licensee,invitee,and trespasser
For instance, property owner I was the greatest degree of care to invite T, a person invited on the premises involving potential benefit of the property owner. A little less responsibilities out to a licensee a person on the premises, without owners consent for the sole benefit of the visitor. The lease degree of care is old or trespasser, one who’s on the premises without permission, either expressed or implied.
It must be determined that a persons negligent act toward another person must be tied together. The negligent act is Dan, the _____ of the loss?
proximate cause
What is the proximate cause of loss?
Proximate cause of loss is an action that, and a natural and continuous sequence, produce the loss. Making a loss wooden occurred, if this didn’t happen.
The final factor useless tablets negligence is that another party suffered watt? And what is that definition?
Damages. If no one was adversely affected by individuals actions, then there is no finding of negligence.