Liability Insurance and policy Limits Flashcards

1
Q

Liable

A

responsible for a loss

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2
Q

Liability insurance

A

protects policyholder against any damages or injuries caused by them to another party

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3
Q

negligence

A

Failure to use a reasonable degree of care. wrongful acts or failure to do something

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4
Q

Vicarious liability

A

the transfer of negligence from one party to another

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5
Q

Proof of negligence

A

wrongful act
a loss
loss must be from the wrongful act

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6
Q

what are the degrees of liability?

A

partial liable, full liability, and no liability

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7
Q

full liability

A

insured is 100% liable for third party damages

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8
Q

partial liability

A

insured party is partially liable but so is the third party for third party damages

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9
Q

no liability

A

insured was not liable at all for third party damages

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10
Q

Defenses to a claim of negligence

A

assumption of risk, contributory negligence , and comparative negligence

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11
Q

Assumption of risk

A

claimant knew he could possibly experience damage or injury

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12
Q

comparative negligence

A

if plaintiff was responsible for some of his loss the insurer will adjust his indemnification

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13
Q

contributory negligence

A

if plaintiff was at all responsible for his damages he will receive no indemnification

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14
Q

modified comparative negligence

A

plaintiff will not receive any indemnification if they are determined 50/51% more at fault

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15
Q

Res Ipsa Loquitar

A

when the defendant is without a doubt at fault there’s no need for proof of negligence

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16
Q

strict (absolute) liability

A

means party is 100% reliable because acts performed are dangerous

17
Q

Dangerous instrumentality doctrine

A

holds party liable for damages caused by the act of using dangerous objects

18
Q

Policy limit

A

max amount a policy will pay for covered losses

19
Q

what are the tree types of liability policy limits?

A

single, split, and aggregate

20
Q

Single limit liability insurance

A

has one max payout for liability damages caused by policyholder per occurrence

21
Q

Split limit liability insurance

A

max bodily injury limit for one person/ max limit for all people/ max payout for property damage

22
Q

aggregate limit liability insurance

A

max payout for bodily or property damage per occurrence/ max amount policy will pay per term