AIC 32 LIABILITY CLAIMS PRACTICES
QUESTIONS AND CORRECT ANSWERS |
LATEST UPDATE
Professional Liability
✓ -:- - they have a higher-than-average defendant verdict
✓ - include a consent-to-settle clause, where the insurer has to o btain
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
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- 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
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
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