Unit 5 Basics of Casualty Insurance Flashcards
Casualty insurance is the general term that encompasses many different types of ____ insurance.
Liability
____ insurance covers the insured for losses that cause injury or property damage to another person and in which the insured is found to be legally responsible.
Liability
A ____ is a civil wrong that unfairly causes someone else to suffer loss or harm resulting in legal liability for the person who commits the ____ious act.
Tort
____ is failure to exercise the care that a reasonable person would exercise in like circumstances.
Negligence
To estabish negligence, what 4 factors must be involved?
- Legal duty owed
- Breach of legal duty owed
- Proximate cause
- Damages
A ____ doctrine says that if a person contributed to his/her own damages in any way, another party cannot be held liable for the damages. To establish liability, an individual must show that the other party was negligent and that the individual did not contribute to the loss through any negligence on his own part.
Contributory negligence
____ laws allow a finding of liability to be made even when both oarties have contributed to the loss, with an award based on the extent of each party’s negligence.
Comparative negligence
____ bars or reduces the right of recovery against a negligent third party when he voluntarily and knowingly participated in the dangerous activity that caused his own injury.
Assumption of risk
____ is when an independent event affects the chain of events. It may also serve as a defense against liability (example: driver has heartattack and crashes into another car - this could be argued)
Intervening cause
The ____ is a doctrine that is employed in contributory negligence jurisdictions. Under this doctrine, a partially negligent person can, nonetheless, recover if he is able to show that the defendant hast the last opportunity to avoid the accident.
Last clear chance
____ liability is imposed by law on those participating in certain activites that are considered especially hazardous. Individuals involved in such operations may be held liable for the damages of another, even though the individual tried to be as careful as possible. (used for dangerous materials, hazardous operations, or dangerous animals)
Absolute
Another term that is sometimes used for absolute liability is ____ liability. (usually used for products)
Strict
____ liability is when a person may be held responsible for the negligent acts of another person who has direct liability.
Vicarious
____ damages reimburse the injured party only for the losses that were actually sustained. There are two types of ____ damages: special and general
Compensatory
____ damges are intended to reform or deter the defendant and others from engaging in conduct similar to that which formed the basis of the lawsuit. (example: auto manufacturer sells cars that they knew could explode and burn drivers)
Punitive