HAWAII INSURANCE ADJUSTER EXAM - STUDY TERMS QUESTIONS AND ANSWERS 100% PASS

HAWAII INSURANCE ADJUSTER EXAM - STUDY TERMS QUESTIONS AND ANSWERS 100% PASS A person must be guilty of committing a _____________to be held liable for negligence and is then referred to as a _____________________. - Answer- tort tortfeasor Real evidence - Answer- animate or inanimate physical and tangible items that are related to the original litigated occurrence. (Parts, wear & tear, real evidence Oral evidence - Answer- Statements made by insureds, claimants and witness, including expert witnesses. statements made by insureds, claimants and witness, including expert witnesses. Motor Carrier Act of 1980 TYPE 1 - Answer- For hire transportation of nonhazardous property in interstate or foreign commerce the minimum limit is at least $750,000. Motor Carrier Act of 1980 TYPE 2 - Answer- Ø For hire or private transportation (interstate or intrastate) of hazardous substances (e.g., compressed gas, explosives, poison gas, and radioactive materials) with a minimum limit of $5 million. Motor Carrier Act of 1980 TYPE 3 - Answer- For hire and private transportation of oil listed as a hazardous substance or any hazardous waste or substances not included in Type 2 with a minimum limit of $1 million. Motor Carrier Policies of Insurance of Public Liability Endorsement - Answer- Form MCS-90, may be attached to a policy under which the motor carrier is insured against auto liability claims. Garage liability coverage - Answer- is broader than the BAP liability coverage because in addition to the normal automobile liability protection, it includes the premises/operations hazard and the products/completed operations hazard. Garagekeepers Liability - Answer- protecting the business for damage to the property of their customers, For automobile repair shops, service stations, valet services and parking lots or storage garages. written either on a legal liability basis or a direct and primary basis. Uninsured Motorist - Answer- Pays the insured and occupants of the insured vehicle against bodily injury and property damage which they are legally entitled to recover resulting from an auto accident with: § An uninsured motorist; § Insureds carrying less than a financially responsible amount of coverage; § Hit and run drivers; and § Insured who's insuring company denies coverage or becomes insolvent. Underinsured Motorist - Answer- Provides coverage for the insured when he is involved in an accident with a driver who has auto liability insurance but the limit of this insurance is not sufficient to pay for the insured's damage. Personal Injury Protection (PIP) or Med PAY - Answer- For chiropractic, hospital, dental, surgical, ambulance, prosthetic and rehabilitation services, and funeral expenses resulting from the accident within 3 years after the date of the accident Drive Other Car Coverage - - Answer- This endorsement extends the commercial auto coverage to insure the non-business exposures of named individuals who may not own an automobile and may not carry personal auto insurance. Individual Named Insured - - Answer- This endorsement may be used to add an individual and his or her family members to business auto insurance. Specified peril coverage - Answer- an alternative to Comprehensive Coverage, is also available. 1. Under Form MCS-90, a _____ notice to the other party is required for cancellation of coverage on the part of either the insurer or insured. - Answer- 1. A 35-day cancellation notice is required on the part of the insured or insurer. Demonstrative evidence - Answer- items that were constructed after the original occurrence to prove the facts presented. Documentary evidence - Answer- evidence introduced in the form of documents. A statement comprises three parts: - Answer- 1. The introduction; 2. The body; and 3. The closing or conclusion Bodily Injury (BI) - Answer- Is defined as bodily harm, sickness, or disease, including death that may result. Property Damage (PD) - Answer- Direct physical damage to tangible property including the resulting loss of use, and the loss. Note: Electronic data is not considered tangible property. For a liability policy to provide coverage - Answer- The insured must be guilty of "negligence" Negligence - Answer- Is defined as the lack of reasonable care that is required to protect others and/or their property from harm. Gross negligence - Answer- willful and wanton negligence or misconduct without the slightest degree of care. joint tortfeasors". - Answer- When two or more people, whose negligence in a single accident or event causes a loss to another person, they Battery - Answer- -The legal term for "hitting someone", covering a wide range of activities including "sending projectiles into someone's body", including firing a gun. Assault - Answer- An attempted battery, or threatening injury when no battery takes place. "Shopkeeper's Privilege", - Answer- allows shopkeepers to keep people they suspect of shoplifting for a reasonable amount of time. Conversion - Answer- 1. This tort is best described as "stealing", because one person takes another person's property and converts the property to their own. Trespass to Land - - Answer- 1. This intentional tort involves "invasion of right over tangible property" that includes land and items attached to the land such as trees, buildings, improvements, and fixtures. Trespass to Chattels - Answer- Involves an intentional action that substantially interferes with another party's chattel (moveable property Causation - Answer- The breach of the duty of care must be the legal cause of the harm that was suffered by the injured person. There are two distinct components of causation: Contributory Negligence - - Answer- Common law defense against negligence states that if an individual contributes to his or her own loss in any way, then another cannot be held liable for the loss. Comparative Negligence - - Answer- Law that allows an injured party to collect from another party for a loss, even when the injured party contributed to his or her own loss. Damages are reduced to the extent of the injured party's negligence. This is the d