Unit 5: Basics of Casualty Insurance Flashcards
Property Insurance
Covers personal belongings and buildings
Casualty Insurance
Pays the “other guy”
Third-Party Losses
- First party is the insured
- Second party is the insurance company legally representing or defending the insured
- Third party is the “other guy”
Liability Insurance covers unintentional torts
Tort: civil wrong that causes someone else to suffer loss
Negligence: failure to act or not act reasonably
Elements of Negligence
- Owe a duty
- Breach the duty
- Be the proximate cause
- Damages
Contributory Negligence
If a person contributed to their own damages, another party cannot be held liable
Comparative Negligence
Compare amounts of fault and damages awarded based on that
Assumption of Risk
Third part voluntarily and knowingly participated in the dangerous activity that caused their own injury
Intervening Cause
An independent event affects the chain of events
Statues of Limitations
Laws provide that certain types of lawsuits must be filed within a specified time of the occurrence
Last Clear Chance
A partially negligent person can recover if he is able to show that the defendant had the last opportunity to avoid the accident
Absolute Liability
Imposed by law on those participating in certain activities that are considered especially hazardous like activities involving dangerous materials, hazardous operations, or dangerous animals
Vicarious Liability
When a person may be held responsible for the negligent acts of another person who has direct liability