Tort
Crime or wrongful act
Intentional: Assault, Battery, Libel, etc.
Unintentional: Negligence or Carelessness
Attractive Nuisance
High degree of care imposed on land occupier for certain conditions.
Examples:
* Pool not fenced
* Vacant land where kids play
Strict Liability
Generally limited to manufacturers of products found to be defective.
Examples:
* Lettuce with e. coli
* Pharmaceuticals causing illness
* Autos with defects
Absolute Liability
Extra-hazardous condition which results in losses to others.
Examples:
* Keeping wild animals
* Blasting
* Workers Comp
Vicarious Liability
(Respondeat Superior)
One person liable for negligence of another.
Example: Branch manager responsible for reps.
Assumption of Risk
One party recognizes and understands danger in an activity, yet voluntarily chooses to encounter it.
Ex: Lift tickets have assumption of risk disclosure.
Contributory Negligence
Any negligence on part of injured party defeats the claim.
Examples: Jaywalking, Drunk Driving
Comparative Negligence
Damages mitigated by the other party.
Ex: Pedestrian 20% negligent, Driver 80%.
Last Clear Chance
When the other party, immediately before, had a last clear chance to prevent but failed to do so.
Example: Road Rage
Adhesion
Contract accepted “as is” or not at all.
Not a regulated contract.
Aleatory Contract
With insurance, amount of dollars spent by the contract parties is typically unequal.
What is Risk?
A condition where there is a possibility of loss (a situation where exposure to loss exists).
What is Peril?
The cause of a loss, the event insured against:
What is a Hazard?
A condition that may create or increase the chance of loss arising from a peril.
What are the Elements of Insurance?
What are the Methods to Avoid/Reduce Loss?
What is Insurable Interest?
What are the Parts of the Insurance Contract?
What are Negligences?
What are Defenses?
What are two methods of Calculating Life Insurance needs?
What are the most comprehensive Insurance Rating Service/Category services?
What are Sections of a Homeowner’s Policy and
what do they cover?
Section I (Coverage: A B C D)
Section II (Coverage: E F)
* E - Liability
* F - Medical Payments
Nicknames to Remember
Sections of a Homeowner’s Policy
Section I (Coverage: A B C D)
Section II (Coverage: E F)
* E - Enemies (Liability)
* F - First-Aid (Medical Payments)