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