laws fall into two categories
- criminal
- civil
courts of law
- small claims court
- country or district courts
- supreme court
two branches of civil law
- contract law
- tort law
three elements required for every tort action
- duty owed
- duty breached
- damages suffered
two types of torts
- intentional torts
- unintentional torts
strict liability
situations in which harm to others would result should a mishap occur. (guilty until proven innocent)
7 activities that impose strict liability include:
- performing a reasonable act in an unreasonable setting
- hazardous activities which are dangerous regardless of the care taken
- allowing spread of intentionally started fire
- keeping potentially dangerous things on the premises
- keeping animals known to be dangerous
- exposing one’s employee to injury/disease
- damaging persons/property on ground while operating aircraft
3 features common to liability policies
- insure bodily injury, property damage, and/or other direct financial loss
- coverage provided for third party claims only
- payment of damages limited to those required to compensate third parties for their loss
special damages
reimburse plaintiff for out of pocket expenses.
general damages
pain and suffering, loss of limbs, loss of future earnings capacity, damage to reputation, mental anguish, etc.
legal duty owed by occupier to trespasser
- no legal duty for occupier of premises except:
- cannot set traps
- cannot intentionally cause harm to trespassers
legal duty owed by occupier to licensee
- no legal duty for occupier to make premises safe
- occupier has duty to warn licensee of any hazard introduced to the premises which is known to be dangerous and would not be expected to be found on the premises.
parents are not required to pay for the torts of their children unless it can be shown that: (4)
- parents failed to properly supervise/control children’s activities
- injury/damage caused by a dangerous thing/animal released by parents to control of the child
- injury/damage caused by child acting on authority of parents
- injury/damage arose out of duties of employment in the parent’s business
generally, landlords are not responsible to ensure building/land rented to others is fit, except:
- when rental is furnished, it is presumed the premises is fit for the purpose it was leased.
- if landlord has contracted to maintain premises and fails, after reasonable notice, any injury/damage caused is responsibility of landlord
owners are liable for damage caused by independent contractors when: (5)
- work conducted is inherently dangerous
- work creates public nuisance
- breach of statutory obligation
- injury/damage arose out of the use of defective equipment supplied by owner
- owner controls manner in which work is done
what is a licensee?
one who comes onto the premises for his own purpose but with the occupiers consent (postal workers, meter readers, hunters, snowmobilers)
limits generally provided under Section II of homeowners policies
- personal liability - $1 million
- voluntary medical payments - $5000
- voluntary property damage - $1000
- voluntary compensation for residence employees- as scheduled
3 additional persons insured under Section II that are NOT insured by Section I
- a residence employee performing duties with use of motor vehicle for which coverage is provided in this form
- if you die while insured, a legal rep of yours with temp custody of insured premises for legal liability arising out of premises.
- if you die while insured, any named insured on this policy still residing on the premises.
Additional premises insured under Section II (5)
- unowned premises you are using/residing in for less than 90 days
- newly acquired premises (<30 days, policy expiry, or inception of new policy - whichever is soonest)
- cemetery plots/burial vaults
- vacant land in canada you own/rent other than farmland
- land in canada where a contractor is building a premises to be occupied by you.
the insurer agrees to pay these additional costs arising out of civil action against the insured: (6)
- all expenses incurred
- costs charged against you in any insured suit
- any interest accruing after judgement
- premiums for appeal bonds
- emergency medical expenses for third parties following insured occurrence.
- reasonable expenses up to $100 per day which you incur at our request (including actual loss of income)
5 types of payments insured under Voluntary Compensation for Residential Employees
- loss of life, including funeral expenses
- temporary total disability
- permanent total disability
- injury benefits (weekly indemnity)
- medical expenses
types of payment insured under Voluntary Medical Payments
- surgical
- dental
- hospital
- nursing
- ambulance services
- funeral expenses
two situations when coverage applies under Voluntary Property Damage
- unintentionally caused, and for which the insured is not legally liable
- intentionally caused by an insured 12 years and under
when does an umbrella liability policy respond?
- not enough insurance under primary policy
- no coverage under primary policy
