Torts
These are civil wrongs, other than a breach of contract.
This is a Tort.
The failure to exercise the degree of care that a reasonable person in a similar situation would exercises to avoid harm.
What is Negligence.
It had been raining and the insured was approaching a red light and slammed on his brakes skidding into the rear of claimant's vehicle.
What is Duty Breached
What type of evidence is a recorded statement from the insured or claimant?
What is Statement or Testimony.
What screen would you document your liability investigation?
What is the CCLDRR screen in Guidewire.
This tort is committed by a person who foresees that his/her act will harm another person. Liability policies do not cover these.
What is Intentional Torts.
List 2 elements of Negligence.
Defendant owed a legal duty of care to claimant.
Defendant breached duty of care owed to claimant.
The defendant's breach of duty was proximate cause.
The claimant suffered actual injury or damage.
The insured had parked her vehicle and then opened the door into traffic when the door was struck by a passing vehicle.
What is Duty Breached.
What type of evidence is photos of the insured's vehicle.
What is Documentary Evidence.
How soon do you look to take a statement from the insured-driver.
What is as soon as possible. Preferably within the first 24-48 hours of the loss report.
A company uses explosives to demolish a building & accidentally causes damage to a surrounding building. The company is responsible for the damages caused by the explosives, regardless of any precaution it takes.
What is Strict Liability.
The claimant leaves a party and knowingly gets into a vehicle with an intoxicated driver.
This is an example of Assumption of Risk
The insured parked her vehicle. Before opening the driver's door, she checked for approaching traffic. When the road was clear, she opened the door and exited her vehicle.
What is Duty Owed.
The insured was ticketed for disregarding a traffic control device. The insured disputed the ticket and it was later dismissed. What type of Evidence is this?
What is Documentary Evidence.
You are investigating an accident scene and need to rule out if there were any photos or video footage, who would you contact to this up?
What is G4S.
George is driving his vehicle at 75 mph and is approaching a sharp curve. He is adjusting his radio and loses control striking a fence on the claimant's property.
What is Negligence.
If a plaintiff contributes to his damages, he will be barred from any recovery.
What is Contributory Negligence.
The insured was in the left lane and needed to make a right turn ahead. The insured changed to the right lane and sideswiped the claimant's vehicle who was in right lane.
What is Duty Breached.
The Claim Rep had G4S go to scene to document and video the light sequence of an accident scene. What is this type of evidence.
What is Demonstrative Evidence.
You just obtained an estimate and photos of the claimant's vehicle and the damages do not add up to the facts of loss. You suspect a prior loss. What is your next step to rule out priors?
Run the claimant and/or Vehicle Identification Number (VIN) through ISO for any hits.
For State of Arkansas, is a plaintiff is found 50% or more at fault, they are barred from recovery.
What is Modified Comparative Fault.
The insured was in the left lane and needed to make a right turn ahead. He put on his right turn blinker and looked to his right for traffic. When the lane was clear, he merged to the right lane.
What is Duty Owed.