AIC 32 Liability Claims Practices Questions and Answers well Explained Latest 2024/2025 Update 100% Correct.
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Course
AIC 32 Liability Claims
Institution
AIC 32 Liability Claims
Modified Flat - Fee - ️️flat fee is charged for a defined segment of a case. such as common, basic
legal work like taking deps, rogs, etc. Everything else is an extra hourly charge
Professional Liability - ️️- they have a higher-than-average defendant verdict
- include a consent-to-settl...
AIC 32 Liability Claims Practices
Modified Flat - Fee - ✔️✔️flat fee is charged for a defined segment of a case. such as common, basic
legal work like taking deps, rogs, etc. Everything else is an extra hourly charge
Professional Liability - ✔️✔️- they have a higher-than-average defendant verdict
- include a consent-to-settle clause, where the insurer has to obtain consent from the professional to
settle the claim
The subjective standard for determining whether injury or property damage involves expected results
can be described as - ✔️✔️What the insured expected and intended from the act.
The objective standard - ✔️✔️is based on what a reasonable person would expect from a particular act.
Exceptions to the business exclusion for rentals - ✔️✔️- rental on an occasional basis
- renting rooms to no more than two people
- rental for use of an office, a school, a studio, or a private garage.
The BACF applies while - ✔️✔️the insd is in the process of handling cargo from the time it is picked up
until it is "finally" set down. For loading from the moment it is physically accepted, lifted, or taken to and
placed in or on the veh.
Proprietary Function - ✔️✔️a function performed by the government that could just as easily be
performed by a private entity
The 50 percent rule - ✔️✔️permits the plaintiff to recover reduced damages so long as the plaintiff's
negligence is not greater than 50 percent of the total negligence that led to the injury or damage
Trade Dress - ✔️✔️nonfunctional physical detail and design of a product or its packaging, which
distinguishes it from the products of others. (color, design, shapes, placements of words, decoration,
packing)
, Negligence Per Se - ✔️✔️Violation of a statute creates a presumption of negligence as a matter of law.
Concurrent Joint TF - ✔️✔️negligent acts of two or more parties combine to produce a single injury
.they both can be held separately responsible for the entire amount of a claimant's damages.
Successive Joint TF - ✔️✔️when the negligent acts of two or more parties do not combine to produce a
single event but do combine to produce the injury.
- damages are divisible and a claimant must seek pymt from each
Rescue doctrine - ✔️✔️TF can be held liable to any people involved in rescue efforts.
Principle of Unforeseeability - responsibility is limited to situations where an ordinarily prudent
person could foresee danger under similar circumstances .
For negligence to be proven - ✔️✔️1) duty owed and to whom
2) duty breached
3) proximate cause
4) damages resulted.
Negligent misrepresentation - ✔️✔️- when the seller represents that the product is free from defects
- the seller cannot be sure that the product is free from defect; the seller knows that a significant danger
exists if there is a defec
- the purchaser relies on the seller's representation
- and the product contains a defect that harms the user
Implied warranty - obligation that the courts impose on a seller to warrant certain facts about a
product even though not expressly stated by the seller.
Contents of ROR - ✔️✔️- ID of insd, policy period, limits etc
- ack of receipt of loss notice or suit
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