Study 11 Flashcards
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.
personal liability
A shelter intended or used as a space in which people live.
dwelling
A building, including the land immediately surrounding it and belonging to it.
premises
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.
legal liability
Failure to use the degree of care expected from a reasonable and prudent person.
negligence
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.
nuisance
A wrongdoer; a party guilty of a tort.
tortfeasor
In civil matters, the person or organization that is being sued.
defendant
The party who brings a legal action against another, called the defendant.
plaintiff
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.
special damages
Damages or loss that can be quantified in money. Also known as pecuniary loss.
economic loss
Damages awarded by a court of law for the pain and suffering of an individual; applied in a third-party injury claim.
general damages
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.
occupant
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.
attractive nuisance
A person who has permission to enter a premises for his or her own purposes.
licensee
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.
invitee
A person who enters onto premises under a contract with the occupier; for example, a hotel guest or a theatre-goer.
contractual entrant
The standard by which a claim must be proven to prevail. The burden of proof is typically borne by one party or another.
burden of proof
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).
bailee
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.
strict liability
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.
scienter (scienti non fit injuria)
(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.
assumption of risk
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.
contributory negligence
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.
hold-harmless agreement
The person or organization who is held harmless in a contract (by the indemnitor).
indemnitee
Person who is the legal guardian of another person.
tutor (or curator)
