Unit 5 Flashcards

1
Q

Casualty

A

pays other guy

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2
Q

Negligence

A

Legal duty owed
Breach of duty
Proximate cause
Damages

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3
Q

Contributory Negligence

A

if insured contributes to damage in anyway, another party cannot be liable

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4
Q

Comparative Negligence

A

allow finding of liability to be made even when both parties have contributed

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5
Q

Assumption of risk

A

insure voluntary and knowingly participated in dangerous activity caused by injury

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6
Q

Intervening cause

A

An independent event affects chain of events

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7
Q

Statute of limitations

A

time limit

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8
Q

Last clear chance

A

a partial negligent person can recover if proof is provided defendant had last opportunity to avoid accident

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9
Q

Absolute/ Strict Liability

A

insured participation in hazardous activity may be held responsible for damages to others

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10
Q

Vicarious Liability

A

liability for actions of another

ie: employer responsible for employee actions

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11
Q

Compensatory Damages

A

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

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12
Q

Punitive Losses

A

comp in addition to actual damages to punish negligence

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13
Q

Bodily Injury ( BI)

A

Injury to body

ie: Med bills, lost wages, pain and suffering, death

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14
Q

Property Damage ( PD)

A

injury to prop

ie: cars buildings etc

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15
Q

Personal Injury (PI)

A

Hurt feelings of person or business

ie: slander, libel, false arrest and invasion of privacy

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16
Q

Split Limit of Liability

A

has separate limit for BI per person per accident and PD has separate limit per accident

17
Q

Combined ( Single) Limit of Liability

A

one limit that applies for both BI and PD

18
Q

Per Person Limit of Liability

A

Limit for any one person per incident

19
Q

Aggregate Limit of Liability

A

All losses occurring within one policy limit

20
Q

Restoration of Limits / Non- Reduction of Limits

A

Payments of a claim restores the occurrence limit for next claim

Payment of an occurrence reduces aggregate limit

Aggregate limit resets upon renewal

21
Q

BAILED

A
Bonds
Aid
Interest
Loss earnings
Expenses
Defense cost
22
Q

Duties after a loss

A

Promptly notify insurer
forward Notices
Assist insurer
Dont assume liability

23
Q

Liability Exclusions

A

Damage to prop of insured
BI to insured/ employed
Nuclear energy liability
intentional damage caused by insured