Level 2 chapter 2 Flashcards

(29 cards)

1
Q

What does casualty insurance cover?

A

It covers liability when someone causes damage, injury, accidents, or death to others.

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2
Q

Is casualty insurance first-party or third-party coverage?

A

It’s third-party coverage because it pays for losses suffered by others, not the insured.

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3
Q

What expenses can casualty insurance help pay for?

A

Judgments (court-ordered payments)

Settlements (to avoid lawsuits)

Defense costs (legal fees, even if not guilty)

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4
Q

What is tort liability?

A

When someone is held legally responsible for harm to another person and must compensate them through private legal action.

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5
Q

Negligence

A

when someone doesn’t act with as much care as a reasonable person would in a similar situation. It’s the most common cause of tort liability

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6
Q

What are the 3 elements of negligence?

A

Duty of care owed

Harm or damages occurred

Proximate cause (the act directly led to the harm)

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7
Q

What is an intervening cause in negligence?

A

It’s a separate action that breaks the chain between the negligent act and the harm—so the original act is not considered the cause.

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8
Q

Who is an invitee?

A

Someone invited onto property mainly for the owner’s benefit (e.g., customers); owed the highest level of care.

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9
Q

Who is a licensee?

A

Someone with permission to be there for their own benefit (e.g., a friend); owed a moderate level of care.

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10
Q

Who is a trespasser?

A

Someone on property without permission; generally not owed a duty of care.

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11
Q

What is an attractive nuisance?

A

A dangerous condition (like a pool) that could attract and harm children; owners may still be liable even to trespassers.

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12
Q

Contributory Negligence

A

If the injured party is even slightly at fault, they may be barred from recovering any damages.

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13
Q

Last Clear Chance Rule

A

Even if the injured party was negligent, they may still recover damages if the other party had a final opportunity to prevent the harm but failed to do so.

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14
Q

Comparative Negligence

A

Fault is divided among all parties based on their degree of negligence. The injured party can still recover damages minus their percentage of fault.

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15
Q

Assumption of Risk

A

If someone knowingly and voluntarily takes part in a risky activity, they may not be able to sue for resulting injuries.

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16
Q

Statute of Limitations

A

Legal action must be taken within a specific time frame. After that, no claim can be made, even if the other person was negligent.

17
Q

What is strict liability?

A

Strict liability is a legal concept where a person or business can be held liable for certain damages even without proof of negligence, though there may be rare exceptions.

18
Q

What is absolute liability?

A

Absolute liability is a form of legal responsibility where someone is held liable for damages with virtually no exceptions, even if all reasonable precautions were taken.

19
Q

How do strict liability and absolute liability differ?

A

Strict liability may have limited exceptions, while absolute liability has none—it imposes total responsibility for certain acts or conditions.

20
Q

Vicarious liability

A

Exists when one party is held responsible for another party’s actions. Parents, for instance, may face vicarious liability when their child causes a loss.

21
Q

For independent contractors, vicarious liability is sometimes called

A

contingent liability

22
Q

Premises and operations liability

A

can be defined generally as liability arising from accidents at the insured’s place of business or while the insured is conducting business.

23
Q

Completed operations liability

A

arises when work or a service has already been finished by a business and the business’s poor performance causes harm at a later date.

24
Q

product liability

A

liability that exists whenever a product leaves the business premises and causes harm to people or property

25
Contractual liability
liability that's accepted as part of an oral or written agreement
26
compensatory damages
in casualty insurance, amounts paid by the responsible party in order to make the wronged party "whole" again
27
2 Types of Compensatory Damages
Special damages are straightforward and measurable costs. These include property repair bills, medical expenses, and other financial losses that can be precisely calculated. General damages are harder to quantify. These might cover things like long-term disability effects, reduced quality of life, damage to one's reputation, or compensation following a death.
28
punitive damages
financial penalties intended to make an example of the liable party and discourage society from engaging in the activity that caused a loss. Usually are punishments for bad behavior like fraud
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