|
 What is "negligence"? | negligence is an act that a reasonable and prudent person would not do or an omission to do something said person would do. |
| What are the consequences of negligence in the operation of a motor vehicle? | a negligent person would be liable for damages caused by their actions |
| What is "onus of proof? | the burden of responsibility to prove |
| How is onus of proof determined? | the plaintiff has the responsibility to prove guilt |
| In most cases, on whom is the onus of proof? | the plaintiff has the onus of proof |
| Explain "subrogation." | it is the right to recover from a responsible party through the transfer of legal rights |
| Who has the right of subrogation? | the party that pays for damages has the right to subrogation. |
| What gives the right of subrogation its validity? How can provisions be made to account for exceptions? | it allows the insurer to recover funds from the at-fault party. |
| What is "absolute liability"? | the insurer is responsible to pay third party claims even though the insured has breached policy condition |
| Why are the absolute liability provisions of the law necessary? | it is necessary so that third party rights are not prejudiced by insured's actions |
| Who derives the greatest benefit from the absolute liability provisions? | innocent third parties are protected under the absolute liability provisions |
| What does an insurer pay to a third party under the absolute liability provisions? | the insurance money under a policy is paid directly to the third party |
| When an insurer pays a third party judgment under the absolute liability provisions of a policy, is that the end of the matter as far as the insured is concerned? Explain | no, the insurer has a legal right to recover from its own insured any amount paid by reason of absolute liability |
| What precautions can an insurer take to minimize its exposure to claims arising out of the absolute liability provisions? | the insurer is only obligated to pay up to the minimum limits of insurance in effect in the jurisdiction involved, even if the policy has a higher limit |
No comments:
Post a Comment