Liability Flashcards

1
Q

Liability

A

When a third party seeks financial compensation as a result of your actions

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2
Q

What triggers a liability claim

A

A tore act from a breach of duty of care

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3
Q

What does liability insurance cover and who

A

It covers the cost of somebody suing you, they cant claim off the insurance.

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4
Q

What percent of liability claims involve insurance

A

94-96%

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5
Q

Types of liability insurance (4/7)

A
  • Commercial general liability
  • General third party liability
  • Employer liability
  • Employer practices liability
  • Profesional llibility
  • Product liability
  • Third party motor liability
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6
Q

Umbrella policies

A

Policies that cover all types of policies

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7
Q

CGL

A

Covers your liability to the public

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8
Q

GTPL

A

General third party liability, Covers your exposure to the public

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9
Q

EPL

A

Employment practices liability: Your responsibility as an employer under law eg, sexual harassment, discrimination

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10
Q

Loss occurring policies

A

Event happens in the period of insurance but can be claimed for years later

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11
Q

Example of loss occurring policy

A

Building built 15 years later collapses after 15 years, the professional indemnity insurance in place then covered it.

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12
Q

Claims made policies

A

A claim made during the policy despite when the event occurred

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13
Q

Where would you see claims made policies?

A

Profesional indeminity

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14
Q

What type of liability policy would you have long-tail risk and how is the combated

A

Claims made policies, as a result, they have 2-year retroactive clause and it is asked in the proposal form what you have done in the past

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15
Q

What are the two steps in assessing a liability claim

A
  1. Does the peril fall into the policy

2. Is there a breach of liability and is the insured negligently?

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16
Q

State of the art defence

A

To the best of scientific knowledge at the time, we did not know this was unsafe.

17
Q

Process of investigating a liability claim

A
  1. Insure policy overs the risk
  2. Investigation of loss assessors and loss adjustor
  3. Apply the law - it is hard to say if you will win or lose
  4. Negotiate or defend
18
Q

Tort rights

A

Bodily harm, economic harm, psychological harm, privacy/defamation, pursue legitimate commercial interests

19
Q

What are the 2 elements of duty of care?

A
  1. Reasonable foreseeability: could the accident have been prevented
  2. Nambour principal - proximity between the parties in the event and who is most responsible
20
Q

Statutory liability, why is the not usually covered by insurance

A

Breach of law, would breach public policy and as a result, there would be no payout

21
Q

How are insurance settlements calculated?

A

Cost and variability of court

22
Q

Volenti non fit injuria

A

To volunteer injuries, such as rugby or boxing

23
Q

Discuss a waiver and liability claims.

A

A waiver is not a waiver of suing, it is a waiver that you admit you may get hurt. It does not abandon your duty of care

24
Q

Statutory authority or permit defence

A

You have a licence to do so, you can not be sued for such.

25
Q

Self-defence

A

Must be a reasonable response met with reasonable action. If the person is going to rob your wallet you can not kill them as that is not reasonable.

26
Q

Inivertabel accident

A

The accident was going to happen regardless of what the client did

27
Q

When does the insurer indemnify for an Act of god / force misure

A

The insurer indemnifies the client against acts of god but not when the client is being sued for acts of god

28
Q

What damages does a liability policy indemnify you against?

A

Special damages, general damages, legal damages, punitive damages

29
Q

Special damages

A

Expences the injury incurred eg medical expenses

30
Q

General damages

A

Pain and suffering comes from the tort right to psychiatric well being

31
Q

Punitive damages

A

Punishments

32
Q

Condition of the insurer being able to conduct proceeding on behalf of the insured

A

Insured can admit liability on behalf of the insurer

33
Q

The obligation of the insured to take reasonable precautions

A

Eg have fire extinguishers