Definitions
Definitions
Bases for Legal Liability
Cause of Loss, Liability and Loss Amount
Bases for Legal Liability 2
100
The intentional relinquishment of a known right.
What is Waiver
100
A signed agreement indicating that during the course of investigation, neither the insurer nor the insured waives rights under the policy.
What is Nonwaiver agreement
100
Laws made by local governments are often called this.
What are ordinances
100
The process of examining a policy by reviewing all its component parts and applying them to the facts of a claim.
What is Coverage Analysis
100
This refers to a person’s or an organization’s status as legally responsible for injury or damage suffered by another person or organization.
What is Legal Liability
200
An alternative dispute resolution (ADR) method by which disputing parties use a neutral outside party to examine the issues and develop a settlement, which can be final and binding.
What is Arbitration
200
An alternative dispute resolution method by which disputing parties participate in an abbreviated trial, presenting the evidence of a few witnesses to a panel of mock jurors who decide the case.
What is Summary jury trial
200
This law has evolved in the courts and is a body of principles and rules established over time by courts on a case-by-case basis.
What is common law?
200
This type of damages is a form of compensatory damages that awards a sum of money for specific, identifiable expenses associated with the injured person’s loss.
What are Special Damages
200
This law refers to the formal enactments of federal, state, or local legislative bodies.
What is Statutory Law
300
A common-law principle that requires both parties to a loss to share the financial burden of the bodily injury or property damage according to their respective degrees of fault.
What is Comparative Negligence
300
An alternative dispute resolution (ADR) method by which disputing parties use a neutral outside party to examine the issues and develop a settlement, which can be final and binding.
What is Arbitration
300
This is a wrongful act that is committed by one party against another that causes harm and may lead to a civil lawsuit for damages.
What is a tort?
300
A monetary award to compensate a victim for losses, such as pain and suffering, that do not involve specific measurable expenses.
What are General Damages
300
This common-law principle prevents a person who has been harmed from recovering damages if that person’s own negligence contributed in any way to the harm.
What is Contributory Negligence
400
A policy provision that prescribes a method for resolving a disputed claim about the value of property or the amount of a property loss.
What is Appraisal Clause
400
The process by which an insurer can, after it has paid a loss under the policy, recover the amount paid from any party (other than the insured) who caused the loss or is otherwise legally liable for the loss.
What is Subrogation
400
Liability based on negligence must establish these four elements.
What is • Duty owed, • Duty breached, • Proximate cause, and • Damages?
400
15. This is a payment that is awarded by a court to reimburse a victim for actual harm.
What are Compensatory Damages
400
This liability arises when someone’s rights under the terms of a contract are violated.
What is contractual liability
500
A loss that arises as a result of damage to property, other than the direct loss to the property.
What is Indirect Loss
500
Procedures to help settle disputes without litigation, including arbitration, mediation, and negotiation.
What is Alternative dispute resolution (ADR)
500
The three types of torts.
What are negligence, strict liability, and intentional acts?
500
An interest in the subject of an insurance policy that is not unduly remote and that would cause the interested party to suffer financial loss if an insured event occurred.
What is Insurable Interest
500
This type of liability is the legal responsibility that arises when one party is held liable for another party’s actions.
What is vicarious?