Understanding Torts: Definitions, Elements, and Liabilities, Quizzes of Education Planning And Management

Download Understanding Torts: Definitions, Elements, and Liabilities and more Quizzes Education Planning And Management in PDF only on Docsity! TERM 1 crime DEFINITION 1 o legal wrong against society Punishable by fines, imprisonment or death TERM 2 Tort DEFINITION 2 monetary damages as remedy Plaintiff (injured party) sues defendant Ex. Auto accident TERM 3 Breach of Contract DEFINITION 3 Contractors failure to perform Usually monetary damages TERM 4 torts DEFINITION 4 o International Assault and battery o Absolute and strict Regardless of negligence Workers compensation o Negligence Failure to exercise standard of care (ORP Person) TERM 5 four elements of negligence DEFINITION 5 o Legal duty- protect others from harm (ex. Safe operation of vehicle) o Failure to perform that legal duty o Damages or injuries Special (medical, loss of earnings, property damage) General (pain and suffering) Punitive (punishment) o Proximate cause-unbroken chain of events between negligent act and damages TERM 6 contributory negligence (NC) DEFINITION 6 Injured persons conduct contributes to injury Blocks injured person from recovery Last clear chance- is an exception which allows injured person to recover TERM 7 Comparative negligence( most states) DEFINITION 7 Considers degree of negligence by each party Reduces injured persons recovery TERM 8 defenses against negligence DEFINITION 8 -contributory negligence-comparative negligence TERM 9 assumption of risk DEFINITION 9 person who understands danger inherit in a particular activity is blocked from recovery (ex. Snow skiing, sky diving) TERM 10 Res Ipsa Loquitur- THE THING SPEAKS FOR ITSELF DEFINITION 10 o Existence of injury creates the presumption of negligence o Burden on defendant to overcome presumption of negligence TERM 21 Modifying collateral source rule DEFINITION 21 Considering the injured persons recovery from other sources TERM 22 Modifying joint and several liability DEFINITION 22 Under joint and several liability, co-defendant with slight negligence can be held liable for entire damage Recovery should be based on degree of liability; not deep pockets TERM 23 State of the art defense (products) DEFINITION 23 Did product meet safety requirements at date of manufacture TERM 24 Capping non-economic damages DEFINITION 24 Pain and suffering ($250,000 to $500,000) TERM 25 Alternative dispute resolution DEFINITION 25 Arbitration and mediation TERM 26 georgia tort reform DEFINITION 26 o $350,000 cap per health care provider on non-economic damages (pain and suffering). Overturned by GA supreme court in 2010 o Immunity for emergency room providers except for gross negligence o Eliminate joint and several liability o Reduce forum shopping TERM 27 Homeowners eligibility DEFINITION 27 o Owner occupant Detached residence Town home Condo o Apartment or rental home TERM 28 homeowners package policy DEFINITION 28 o Section I ( property) o Section II ( liability) TERM 29 persons insured DEFINITION 29 o Name of insured and spouse o Resident relatives o Full time student away from home (relative under age 24) TERM 30 HO2 DEFINITION 30 Broad- Broad Named Perils TERM 31 HO3 DEFINITION 31 Special- All risk-dwelling broad perils- contents TERM 32 HO4 DEFINITION 32 Tenants- Broad Perils- Contents TERM 33 HO5 & HE7 DEFINITION 33 Comprehensive- all risk-dwelling and contents TERM 34 HO6 DEFINITION 34 condo- broad perils- contents TERM 35 HO8 DEFINITION 35 repair cost- named perils TERM 46 Guaranteed replacement cost on the dwelling DEFINITION 46 o Home insured to 100% replacement cost o Value adjusted annually based on construction cost index plus any renovation and additions o If total loss, insurance company will replace even if replacement costs exceeds policy limits o Usually not available for older homes (30+ years) TERM 47 mortgage clause DEFINITION 47 o Mortgagee listed in the policy by name and address o Mortgagees coverage not voided by insureds actions o Mortgagee needs proof of coverage or will make forced placement at high rate TERM 48 section I and II conditions DEFINITION 48 o Cancellation by the insurance company First 60 days- any reason After 60 days- material misrepresentation only Non- payment -10 days notice o Non-renewal by the insurance company Any reason- 30 days notice TERM 49 North Carolina Homeowners Market DEFINITION 49 o Availability and affordability issues Coastal Prior claims (CLUE report) Age Lack of supporting coverage Low FICA score o Underwriting actions Cancellation or non-renewal Premium surcharge Limited perils High deductible TERM 50 Homeowners Section II: Personal Liability DEFINITION 50 o Pays damages for bodily injury and PD plus defense caused by insureds negligence o Arising from inured premises and activities, insureds animals o Limits of $100-300,000 o Ex. Hunting accident, trip and fall, dog bite, fire damage to hotel room, wedding reception, volunteer activities TERM 51 Homeowners section II: Medical Payments DEFINITION 51 o Without regard to legal liability o Arising from insured premises and activities, insureds animals o No coverage for the insured, regular residents of the household, tenants o Includes residence employees o Minimum limit of $1000 TERM 52 Motor Vehicles Exclusion:liability and medical payment DEFINITION 52 o Exceptions Dead storage Service of the premises (riding mower) Assist handicapped (motorized wheelchair) Recreational vehicles on premises (ATV) Non-owned recreational vehicles (ATV) Golf Cart Golfing Private residential community (sun city) TERM 53 watercraft exclusion:liability and medical payment DEFINITION 53 o Exceptions Sailboats under 26 feet Watercraft 25 horsepower or less outboard Watercraft over 25 horsepower outboard acquired during policy period Coverage until renewal date Watercraft not owned or rented (borrowed is covered) TERM 54 Other Exclusions: Liability and medical payments DEFINITION 54 o Air craft o Expected or intended injury Reasonable self defense is covered o Business activities except: Less than $2000 annual compensation Under age 21 self employed, part time (lawn mowing, baby sitting) Volunteer activities For other incidental business activities, add home business endorsement o Rental of part of the premises except Occasional rental of the residence Incidental rental of a room Incidental office, school, or studio o Professional services Attorney, architect, physician, nurse o Communicable disease o Sexual molestation, corporal punishment Controlled substance ( use, sale, manufacture TERM 55 volunteer activities DEFINITION 55 o Liability for volunteer activities covered under homeowners for BI and PD, since not considered a business o Directors and officers liability not covered o D&O coverage must be furnished by the host organization TERM 56 additional liability coverage DEFINITION 56 o $1000 damage to property of others without regard to legal liability No coverage for intentional property damage by an insured age 13+ o $1000 loss assessment by HOA (townhome or condo) o Fire legal liability Liability for fire damage to property rented to the insured TERM 57 homeowners liabilty endorsements DEFINITION 57 o Personal injury False arrest, wrongful eviction, slander o Watercraft Covers watercraft otherwise excluded o Incidental home business ( office, studio, sales) Business personal property and liability TERM 58 summary of reccomended homeowners endorsements DEFINITION 58 o Personal property floater (schedule property) o Personal property replacement cost o Guaranteed replacement cost or adjusted vale on the dwelling o Increased limits for loss assessment, ordinance & law o Off premises power failure (spoilage) o Water back up through sewers or drains o Personal injury o Watercraft o Incidental home business TERM 59 factors in determining the cost of Homeowners insurance DEFINITION 59 o Construction Frame or brick-veneer o Location Inland or coastal o Fire protection class o Deductible- $500 minimum for section 1 o Insurance score o Clue TERM 60 shoppers guide for homeowners DEFINITION 60 o Purchase HO3 or HE7 o Insure 90-100% current repair cost of home o Add necessary endorsements o Purchase separate flood policy o High deductibles (500 or higher) o Discounts- multi-policy, mature, alarms, new home o Purchase umbrella (limits of $1-5 million)