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Exam (elaborations)

AIC 32 LIABILITY CLAIMS PRACTICES QUESTIONS AND CORRECT ANSWERS | LATEST UPDATE

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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 2 | P a g e | G r a d e A + | 2 0 2 4 / 2 0 2 5 2 0 2 4 /2025 | © copyright | This work may not be copied for profit gain | Excel! - 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 3 | P a g e | G r a d e A + | 2 0 2 4 / 2 0 2 5 2 0 2 4 /2025 | © copyright | This work may not be copied for profit gain | Excel! -:- 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.

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Uploaded on
September 17, 2024
Number of pages
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Written in
2024/2025
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2024 /2025 | © copyright | This work may not be copied for profit gain | Excel!




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




1|P a g e | G r a d e A + | 2 0 2 0 2 5

, 2024 /2025 | © copyright | This work may not be copied for profit gain | Excel!




- 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




2|P a g e | G r a d e A + | 2 0 2 0 2 5

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