AIC 32 Liability Claims Practices Questions and Answers

Professional Liability Answer> - 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 Answer> What the insured expected and intended from the act. The objective standard Answer> is based on what a reasonable person would expect from a particular act. Exceptions to the business exclusion for rentals Answer> - 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 Answer> 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 Answer> a function performed by the government that could just as easily be performed by a private entity Trade Dress Answer> 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 Answer> Violation of a statute creates a presumption of negligence as a matter of law. Concurrent Joint T