Study 11

Question 1

Liability insurance for an individual’s personal liability exposures such as premises, personal activities, some contracts, and certain incidental coverages. This insurance does not include automobile liability or business-related losses.

Answer 1

personal liability

Question 2

A shelter intended or used as a space in which people live.

Answer 2

dwelling

Question 3

A building, including the land immediately surrounding it and belonging to it.

Answer 3

premises

Question 4

Liability imposed by law on individuals or corporations to pay for harm done to others. Such law may be the common law, statute law, or customs that over a period of time have taken on the same status as law. Legal liability may also be assumed under the terms of a contract.

Answer 4

legal liability

Question 5

Failure to use the degree of care expected from a reasonable and prudent person.

Answer 5

negligence

Question 6

In law, a class of wrong that arises out of unreasonable, unwarranted, or unlawful use by a person of their own property, whether that property be real or personal or from the person’s own improper, indecent, or unlawful personal conduct and producing an annoyance, inconvenience, discomfort, or hurt to others or to their property that the law would presume a consequential damage. In insurance claims, it is most frequently met as a cause of action, arising from the escape of some obnoxious substance.

Answer 6

nuisance

Question 7

A wrongdoer; a party guilty of a tort.

Answer 7

tortfeasor

Question 8

In civil matters, the person or organization that is being sued.

Answer 8

defendant

Question 9

The party who brings a legal action against another, called the defendant.

Answer 9

plaintiff

Question 10

Actual loss from the natural, not the necessary, consequences of the subject of complaint; for example, specific payments for medical bills or car repairs. In third-party claims, it means the damages that may be proved with documents.

Answer 10

special damages

Question 11

Damages or loss that can be quantified in money. Also known as pecuniary loss.

Answer 11

economic loss

Question 12

Damages awarded by a court of law for the pain and suffering of an individual; applied in a third-party injury claim.

Answer 12

general damages

Question 13

One who has a right because of possession in or control over certain property or premises; one who acquires title by occupancy; a person who lives in or is the established user of a place such as a home or office or automobile; includes the driver who is in or on a vehicle or getting into, on, out of, or off of a vehicle.

Answer 13

occupant

Question 14

A legal tort doctrine that holds that any person who has or creates any condition on her premises, private or public, that may reasonably be considered to pose a danger to children and at the same time attract them (to it) has a duty to take precautions as a reasonable person would do to prevent injury to minors of tender years.

Answer 14

attractive nuisance

Question 15

A person who has permission to enter a premises for his or her own purposes.

Answer 15

licensee

Question 16

A person who is expressly or impliedly invited onto the premises for some purpose involving economic or potential economic benefit to the occupier of the premises. For example, a customer entering a store for the purpose of making a purchase.

Answer 16

invitee

Question 17

A person who enters onto premises under a contract with the occupier; for example, a hotel guest or a theatre-goer.

Answer 17

contractual entrant

Question 18

The standard by which a claim must be proven to prevail. The burden of proof is typically borne by one party or another.

Answer 18

burden of proof

Question 19

In contract and property law, one to whom goods or property are entrusted for a stated purpose. Can be either gratuitous (for no consideration) or for hire (for consideration).

Answer 19

bailee

Question 20

Liability imposed by a court or by a statute in the absence of fault when harm results from activities or conditions that are extremely dangerous, unnatural, hazardous, extraordinary, abnormal, or inappropriate.

Answer 20

strict liability

Question 21

Actual or presumed degree of knowledge that makes a person legally responsible for their actions or failure to act. For example, the owner of a vicious dog is deemed to know of its disposition and to properly secure it from causing damage or injury to others. Latin for, knowledge.

Answer 21

scienter (scienti non fit injuria)

Question 22

(1) A legal doctrine where a person knows of the facts and existence of a dangerous condition and voluntarily exposes themself to it. Also known as volenti non fit injuria. (2) The accepting of a risk by an insurance company.

Answer 22

assumption of risk

Question 23

Many accidents are the partial fault of both parties who are involved in the accident. The plaintiff who sues another party for damages may also be guilty of some negligence, which is a concurrent cause of the damage, and is therefore guilty of contributory negligence.

Answer 23

contributory negligence

Question 24

An agreement that allows one party to protect another party against any future losses or claims that may result from a particular activity. Also known as an indemnity agreement.

Answer 24

hold-harmless agreement

Question 25

The person or organization who is held harmless in a contract (by the indemnitor).

Answer 25

indemnitee

Question 26

Person who is the legal guardian of another person.

Answer 26

tutor (or curator)