Unit 5 Flashcards
Casualty
pays other guy
Negligence
Legal duty owed
Breach of duty
Proximate cause
Damages
Contributory Negligence
if insured contributes to damage in anyway, another party cannot be liable
Comparative Negligence
allow finding of liability to be made even when both parties have contributed
Assumption of risk
insure voluntary and knowingly participated in dangerous activity caused by injury
Intervening cause
An independent event affects chain of events
Statute of limitations
time limit
Last clear chance
a partial negligent person can recover if proof is provided defendant had last opportunity to avoid accident
Absolute/ Strict Liability
insured participation in hazardous activity may be held responsible for damages to others
Vicarious Liability
liability for actions of another
ie: employer responsible for employee actions
Compensatory Damages
reimburse the injured party only for losses that were actually sustained
Special (Limited) Tort: provable monetary losses
General (Full) Tort: Nonmonetary losses
Ie: pain and suffering
Punitive Losses
comp in addition to actual damages to punish negligence
Bodily Injury ( BI)
Injury to body
ie: Med bills, lost wages, pain and suffering, death
Property Damage ( PD)
injury to prop
ie: cars buildings etc
Personal Injury (PI)
Hurt feelings of person or business
ie: slander, libel, false arrest and invasion of privacy