Section 1: Lesson 8.2 Assessing Liability in Liability Insurance Flashcards
In assessing legal liability, and adjuster must determine the likelihood that _____ would be assessed against the insured policyholder.
legal responsibility for damage to a third party, in terms of a percentage from 0 to 100%
A historical and industry wide rule of claims practice in the evaluation and analysis of liability is that:
There are no absolutes. No matter how sure you are of your position, the case can always go the other way.
A civil wrong that results in legal action by one person entity agains another is known as a
tort
A individual who commits a wrong against another, whether intentional or accidental is called a :
tortfeasor
The most common basis for liability in today’s society is:
negligence
Negligence is described as:
fault that arises from doing something you shouldn’t have done, or not doing something you should have done
Liability imposed without fault is also known as
strict or absolute liability
Which of the following is not an element in a claim negligence ?
lack of apology by the wongdoer
Example of vicarious liability is:
Bobby is well-known in the neighborhood as. 15 yr old hooligan. one night , on a dare from a friend, the throws a rock through the neighbor’s plate glass window. The neighbors makes a claim against Bobby’s father to recover the cost of replacing the window.
Strict liability initially arose from:
the will of a sympathetic society through its various state legislatures
Examples of strict liability are:
owning a wild animal, blasting and demolition activity, storing highly inflammable or explosive chemicals
Single reason why legitimate claims of strict or absolute liability are so difficult to defend is:
strict or absolute liability can be imposed without a finding of negligence .
