Unit 5 Flashcards

1
Q

absolute / strict

A

liability without negligence

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2
Q

compensatory damages

A

special, provable monetary losses (limited tort)

general nonmonetary losses (full tort)

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3
Q

bodily injury (BI)

A

injury to the body

medical bills, lost wages, pain and suffering, even death

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4
Q

B ailed

A

Bonds premium for certain bonds

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5
Q

bAiled

A

Aid- first aid

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6
Q

baIled

A

Interest pre/post judgement

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7
Q

BaiLed

A

Loss earnings, loss of earnings for insured

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8
Q

bailEd

A

expenses incurred in the investigating of a claim

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9
Q

baileD

A

defense cost of hiring an attorney

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10
Q

personal injury

A

hurt feelings of a person or business

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11
Q

duties after a loss

A
  • notify company promptly
  • forward notices
  • assist the company
  • don’t assume liability
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12
Q

negligence

A

failure to act or not act reasonably

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13
Q

comparative negligence

A

finding of liability to be made even when both parties have contributed to the loss, with an award based on the extent of each party’s negligence

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14
Q

intervening cause

A

an independent action that breaks the chain of causation and sets in motion a new chain of events

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15
Q

statutes of limitations

A

laws provide that certain types of lawsuits must be filed within a specified time of the occurrence to be valid under law

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16
Q

tort

A

civil wrong that unfairly causes someone else to suffer loss or harm
unintentional

17
Q

contributory negligence

A

law/ doctrine says if a person contributed to his/her own damages in anyway, another party cannot be held liable for the damages

18
Q

assumption of risk

A

defense against liability based on the common law principle that a person who knowingly exposes themselves to danger or injury assumes the risk of loss and cannot hold another person responsible for the loss

19
Q

last clear chance

A

a partially negligent person can, none the less recover if they are able to show that the defendant had the last opportunity to avoid the accident

20
Q

vicarious liability

A

liability for the actions of another

21
Q

punitive damages

A

gross negligence

reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit

22
Q

property damage

A

injury to property

cars, buildings etc

23
Q

limits of liability

A

split between bodily injury and property damage

  • combined single
  • per person
  • aggregate
24
Q

restoration of limits / non- reduction of limits

A
  • payment of a claim restores the occurrence limit for the next claim
  • payment of an occurrence reduces the aggregate limit
  • aggregate limit is restored upon renewal
25
Q

occurrence

A

either an accident or a loss that occurs over time

26
Q

liability policy exclusions

A
  • damage to property or an insured
  • bodily injury to an insured
  • bodily injury to an employee
  • nuclear energy liability
  • intentional damage cause by an insured
27
Q

bonds-aid-interest-loss earnings-expenses- defense cost

A

bailed