CISR
Commercial
Casualty
I
Lesson
1
L
/
Legal
Liability,
CGL
&
Additional
Insureds
One
of
9
CISR
courses
to
obtain
Elite
Designation
Legal
Liability
-
ANSWER-A
responsibility
or
obligation
to
others,
which
courts
recognize
and
enforce.
In
general
failure
to
meet
this
duty
often
results
in
the
imposition
of
monetary
damages.
3
Types
of
Legal
Liability
-
ANSWER-Tort
Liability,
Statutory
Liability,
Contractual
Liability
4
Types
of
Tort
Liability
-
ANSWER-Negligence,
Intentional
Torts,
Strict
Liability,
Absolute
Liability
Name
the
four
requirements
of
a
negligent
tort
(long
version)
-
ANSWER-1.
Duty
owed
by
negligent
party
to
another
party,
2.
Breach
of
that
Duty,
3.
Actual
Injury
or
Loss
must
occur,
4.
There
has
to
be
a
close
cause
and
effect
(proximate
cause)
relationship
between
the
breach
of
that
duty
and
the
injury
or
loss.
4
requirements
of
a
negligent
tort
(short
version)
-
ANSWER-1.
Duty
owed,
2.
Breach
of
Duty,
3.
Proximate
Cause,
4.
Damages
Intentional
Tort
Definition
-
ANSWER-An
intentional
or
voluntary
act
where
the
person
or
organization
committing
the
act
is
expressly
or
implicitly
deemed
to
have
possessed
intent
or
purpose
to
injure.
The
person
or
organization
committing
the
act
can
be
held
legally
liable
for
that
injury
or
loss.
Intentional
Tort
Examples
-
ANSWER-1.
Libel,
2.
Slander,
3.
Wrongful
entry
or
wrongful
eviction,
4.
Assault
and/or
battery,
5.
Wrongful
detention,
6.
False
Arrest,
7.
Copyright
infringement,
trademark
infringement,
etc... Strict
Liability
(Tort)
Definition
-
ANSWER-Concept
applied
by
the
courts
in
product
liability
suits
in
which
a
manufacturer,
distributor
or
seller
is
liable
for
any
and
all
defective
or
hazardous
products
that
unduly
threaten
a
consumer's
health
and
safety.
Strict
Liability
(Tort-Products
Liability)
Coverage
trigger
-
ANSWER-Has
to
be
proved
that
the
product
that
caused
the
damage
was
defective
and
the
defect
rendered
that
product
unreasonably
dangerous.
The
element
of
proximate
cause
is
not
applicable.
Defective
Product
(Tort-Strict/Products
Liability)
-
ANSWER-A
defect
in
manufacture,
design
or
failure
to
adequately
warn
of
a
hazard
involved
in
the
foreseeable
use
of
the
product.
(ladder
that
only
holds
250
pounds
but
doesn't
have
that
clearly
displayed
as
a
warning
on
the
product)
Absolute
Liability
(Tort)
Definition
-
ANSWER-When
conditions
or
activities
are
inherently
dangerous.
Liability
without
regard
to
fault.
Certain
activities
create
such
a
serious
risk
of
harm
that
it
is
justifiable
to
place
liability
for
any
injury
or
damage
on
the
person
or
organization
engaging
in
the
activity,
even
what
every
precaution
to
prevent
or
reduce
damages
has
been
taken.
All
that
has
to
be
proved
is
that
an
injury
or
damage
occurred
because
of
the
activities.
Absolute
Liability
(Tort)
Examples
-
ANSWER-1.
Explosive
or
blasting
operations,
2.
Dangerous
animals,
3.
Hazardous
material
operations
Statutory
Liability
Definition
-
ANSWER-Liability
arising
out
of
specific
rules
or
laws
(statutes)
enacted
by
a
legislative
body
providing
direction
or
prohibition.
Statutory
Liability
Examples
-
ANSWER-1.
Workers
Compensation
Statutes,
2.
Dram
Shop
or
Liquor
Liability
Statutes,
3.
Environmental
Protection
Statutes,
4.
Americans
With
Disabilities
Act,
related
rulings
and
state
statutes,
5.
Employment
Liability
through
statutes
and
EEOC
rulings
Contractual
Liability
Definition
-
ANSWER-Coverage
for
Insured
Contracts
(Only
Insured
Contracts)
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