Lesson 4 - Liability Insurance Flashcards
Liability Loss Exposure
Where negligent acts may occur for which entity may be held responsible
Legal Liability
Third party insurance promises to pay on behalf of insured
Negligence
Failure to exercise proper degree of care
4 basic requirements that must exist before negligence is present
1) Legal duty
2) Actual injury/damage to property
3) Wrong committed
4) Proximate cause
Individual ruled negligent & in any degree contributes to own damage
Contributory Negligence
If plaintiff had knowledge of defendant’s negligence & not entitled to recovery
Assumptions of Risk
Where damages are set in proportion by a court of law to degree of negligence
Comparative Negligence
Composed law enacted by legislative body and formal document
Statutory Law
Three liability damage classes
1) Special Damages
2) General Damages
3) Punitive Damages
Private wrong and names of people who commit it
Tortes
Tortfeasor
Compensates individual for measurable loss such as medical expenses
Special Damages
Compensates injured person for noneconomic loss such as pain and suffering
General Damages
Damages exceeding simple compensation and awarded to punish the defendant.
Punitive Damages
Participates in activities considered to be hazardous
Absolute/Strict Liability
Vicarious/Imputed Liability
When person who is liable for occurrence is under control of individual/organization
Gross Negligence
When person fails to show even minimum degree of care
Two versions of Commercial General Liability forms
1) Occurrence Form
2) Claims Made Form
Occurrence Form
CG-00-01 provides coverage for injury/damage to others that occur during policy period, regardless when claim is reported/filed
Claims Made Form
CG-00-02 provides coverage for injury/damage that occurs after retroactive date AND when claim is reported/filed
3 coverage sections in a CGL policy
Coverage A/ Bodily Injury & Property Damage
Coverage B/ Personal & Advertising Injury Liability
Coverage C/ Medical Payments Coverage
Consists of summarized annual paid claim & reserve amounts (record of claim information)
Quantitative Information
NonQuantitative Information
Record of occurrence information
Coverages that extend claim reporting period
Tails
Extended Reporting Periods (ERP’s)
Contingent insurance known as automatic mini tail
60 Day Tail
Covers claims reported to insurer no later than 60 days after end of policy period
5 Year Tail
The two main ERP tails are called _________
Basic Extended Reporting Periods
Tail considered excess insurance, with no time limit, functions as occurrence form, extends claim reporting pd. & not an automatically provided premium
Supplemental/Unlimited Tail
6 Limits that apply to Commercial General Liability
1) General Aggregate Limit
2) Products-Completed Operations Aggregate Limit
3) Personal & Advertising Injury Limit
4) Each-Occurrence Limit
5) Fire Damage Limit
6) Medical Expenses Limit
CG-27-02
Exclusion of specific products, accidents, work, or locations
CG-27-04
Supplemental extended reporting period for specific accidents, products, work, or locations
CG-27-03
Extended reporting periods for specific products, accidents, work, or locations