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Definition
| A civil or private wrong committed by one person against another, other than breach of contract, for which the law provides a remedy (usually a monetary penalty). Liability usually results from invasion of the rights of others. |
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Definition
| A deliberate act or omission, such as assault, battery, trespassing, etc. |
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Definition
| Failure to act as a reasonably prudent person would act under similar circumstances resulting in harm to another. |
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Definition
| The imposition of liability on one person for the actionable conduct of another, based solely on a relationship between the 2 persons. The indirect or imputed legal responsibility for acts of another. |
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Definition
| A willful, wanton, or reckless disregard of the consequences affecting the life or property of another. |
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Term
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Definition
| An important exception to the usual liability for injuries to trespassers is in cases of injuries to children. Courts have held that some properties, such as artificial or uncommon objects, attract and are a threat to children because they do not realize the possible danger, yet the court does not expect a child to be able to resist these objects. |
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Term
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Definition
| Compensation to a husband or wife for the loss of companionship of a spouse. |
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Term
| Specific Damages (aka Special) |
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Definition
| Compensation to an injured party for actual or known expenses such as bills, loss of earnings, or costs of repairing or replacing damaged property. Does not include pain and suffering. |
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Term
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Definition
| Compensation to an injured party for pain, suffering, mental anguish, disfigurement, and similar types of losses. |
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Definition
| Damages assessed in addition to specific and general damages as a punishment for extreme, objectionable conduct by a negligent part, as in the case of gross negligence. |
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Term
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Definition
| Legal liability arising from physical injury to a person, including sickness, disease, and death caused by the insured's negligence. Damages might include the actual repair or replacement of the damaged property, as well as loss of rents, income, or revenues sustained because of the damage to the property. |
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Term
| Medical Payments Coverage |
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Definition
| Provides payment of necessary medical, surgical, x-ray, dental, ambulance, hospital, professional nursing, and funeral expenses incurred by invitees and licensees on the insured's premises. These payments are made regardless of fault or negligence, and payment is not an admission of fault. |
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| Personal Injury Liability |
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Definition
| Legal liability arising from the wrongful conduct of the insured resulting in injury other than bodily injury. Ex: Libel, slander, false arrest, invasion of privacy, defamation of character, etc. |
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| Advertising Injury Liability |
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Definition
| Legal liability arising from the misappropriation of advertising ideas or style of doing business; infringement of copyright, title or slogan; and oral or written material that violates a person's right to privacy. |
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Term
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Definition
| Should be written and include the identity of the policy and the named insured; reasonably available information on the time, place, and circumstances of the occurrence; and names and addresses of any claimants and witnesses. |
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Definition
| A document that verifies how and when a loss happened and includes the cost of damages. |
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Term
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Definition
| The dissemination of any written or printed matter tending to unjustly injure a person's reputation. |
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Term
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Definition
| The oral dissemination of a falsehood that damages another's reputation. |
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Term
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Definition
| The degree of care that a reasonably prudent person should exercise in the same or similar circumstances. |
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Definition
| Judicial or Court Decisions |
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Definition
| Enactment of Legislatures |
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Term
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Definition
| Prevents recovery for damages caused by a negligent party if the claimant was also negligent. |
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Term
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Definition
| The plaintiff who consciously exposes himself to danger assumes some risk of possible injury. |
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Definition
| A disrupted chain of events, thus freeing the defendant from liability. |
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Term
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Definition
| Damages are reduced in proportion to the degree of negligence. A degree of fault is assigned to both parties. There are different types that may be used in determining the degree of negligence, and statutes vary by state. Each party assumes some fault. |
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Term
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Definition
| A doctrine that applies only in particular circumstances. It is imposed on those activities that present an extreme likelihood of harm to others when mishaps occur. |
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Definition
| Manufacturers are held strictly liable for damages to others caused by their products. If a claimant can prove that a product caused the injury, the manufacturer will be held liable whether or not the product was defective. |
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Term
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Definition
| A person on the premises with the owner's knowledge and tolerance, but possibly without benefit. A property owner has a lesser duty than to an invitee. |
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Term
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Definition
| A situation where Liability policies that are in a layered program, such as Primary or Excess policies, do not agree as to their policy effective dates or other policy provisions, creating a gap in coverage. |
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Term
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Definition
| The limit of the policy may be applied to either bodily injury or property damage, wherever needed, or in any combination. |
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Term
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Definition
| The limit of the policy is fully reinstated following a covered loss or on a policy anniversary date. |
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Term
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Definition
| The insurer promises to defend any suit brought against the insured for damages caused by an occurrence to which coverage applies, whether or not any damages are paid. |
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