Liability Insurance and policy Limits Flashcards
Liable
responsible for a loss
Liability insurance
protects policyholder against any damages or injuries caused by them to another party
negligence
Failure to use a reasonable degree of care. wrongful acts or failure to do something
Vicarious liability
the transfer of negligence from one party to another
Proof of negligence
wrongful act
a loss
loss must be from the wrongful act
what are the degrees of liability?
partial liable, full liability, and no liability
full liability
insured is 100% liable for third party damages
partial liability
insured party is partially liable but so is the third party for third party damages
no liability
insured was not liable at all for third party damages
Defenses to a claim of negligence
assumption of risk, contributory negligence , and comparative negligence
Assumption of risk
claimant knew he could possibly experience damage or injury
comparative negligence
if plaintiff was responsible for some of his loss the insurer will adjust his indemnification
contributory negligence
if plaintiff was at all responsible for his damages he will receive no indemnification
modified comparative negligence
plaintiff will not receive any indemnification if they are determined 50/51% more at fault
Res Ipsa Loquitar
when the defendant is without a doubt at fault there’s no need for proof of negligence
strict (absolute) liability
means party is 100% reliable because acts performed are dangerous
Dangerous instrumentality doctrine
holds party liable for damages caused by the act of using dangerous objects
Policy limit
max amount a policy will pay for covered losses
what are the tree types of liability policy limits?
single, split, and aggregate
Single limit liability insurance
has one max payout for liability damages caused by policyholder per occurrence
Split limit liability insurance
max bodily injury limit for one person/ max limit for all people/ max payout for property damage
aggregate limit liability insurance
max payout for bodily or property damage per occurrence/ max amount policy will pay per term