CISR - Commercial Casualty I Exam
Questions And Answers 100% Solved.
Give the 2 reasons why a named Insured adds another person or organization as an
addt'l Insd - ANSWERClose or business (contractual) relationship
What are the three categories of legal liability? - ANSWERTort, Statutory, &
Contractual
Tort Liability - ANSWERa wrongful action or omission that harms a person or
business, prompting the injured party to seek compensation in civil court. As a result,
the guilty person (the defendant or tortfeasor) bears legal liability; Differs from crime
in that it is a violation of a common or civil law
Statutory Liability - ANSWERliability arising out of specific rules or laws (statutes)
enacted by a legislative body providing direction or prohibition; overrides common
law; Ex/ Dram/Liquor, Americans w Disabilities Act, WC, etc.
Contractual Liability - ANSWERan agreement between two or more parties, which
creates an obligation to do or not to do a particular thing; Ex/ Lessor-Lessee, Owner-
Contractor, etc.
Warranty - ANSWERassurance made by seller of goods, either express or implied,
that references quality/fitness of goods/services & is relied upon by buyer of
goods/services
What are the 4 types of Tort Liability? - ANSWERNegligence, Intentional, Strict, &
Absolute
Negligence Tort Liability - ANSWERthe failure to act as a reasonable person would
under the same or similar circumstances
Intentional Torts - ANSWERAn intentional or voluntary act where the person or
organization committing the act is expressly or implicitly deemed to have possessed
intent or purpose to injure
Example of an Intentional Tort - ANSWERLibel, wrongful entry/eviction,
assault/battery, false arrest, etc.
Strict Liability Tort - ANSWERconcept applied by the courts in PRODUCT liability
suits in which a manufacturer, distributor or seller is liable for any and all defective or
hazardous products that unduly threaten a consumer's health and safety; Proximate
cause NOT applied & all that has to be proven is product that caused damage was
defective
, Absolute Liability - ANSWERliability without regard to fault; All that has to be proved
is that an injury or damage occurs because of the activities; ACCIDENTAL, couldn't
be helped
4 Requirements of a Negligent Tort - ANSWERMust be duty owed, breach of that
duty, actual injury/loss must occur, & there has to be close cause & effect (proximate
cause) relationship btwn breach of duty & injury/loss
Direct Liability - ANSWERresults from the CONDUCT of a person or organization
that is responsible for injury or property damage to another
Example of Direct Liability - ANSWERDeem's Market, Inc. fails to clean up a food
spill in one of its grocery aisles, and a patron slips on the food, falls and breaks
several bones. The claimant sues Deem's Market, Inc. because it directly caused the
injury
Vicarious Liability - ANSWERliability of one party based upon the liability of another.
It is said that liability is imputed (TRANSFERRED from one party to the other)
Example of Vicarious Liability - ANSWERWhile delivering groceries, an employee of
Deem's Market, Inc. causes an auto accident in which three people are injured. The
injured parties bring a claim against the employee who directly caused the accident,
but they also bring a claim against Deem's Market, Inc., because Deem's Market,
Inc. can be held vicariously liable for the actions of its employees done within the
scope of their employment; Employer/Employee, Principal/Agent, Owner/Manager,
etc.
What are the types of damages that may be awarded in a civil court case? -
ANSWERCompensatory & Punitive/Exemplary Damages
Compensatory - ANSWERsums of money that will, as far as possible, compensate
for the loss
Punitive - ANSWERSums of money, more than that required to compensate for loss,
which are imposed in order to PUNISH wrongdoer conduct now and deter such
conduct in the future.
What are the two types of Compensatory Damages? - ANSWERSpecial & General
Special Damages - ANSWERSpecific $ amounts (for specific injuries) that cover
specific costs; Ex/ medical bills, lost income, repair/replacement of property, etc.
General Damages - ANSWERSubjective $ amounts that cover INTANGIBLE losses;
Ex/ Pain & Suffering, disfigurement, loss of consortium, etc.
Punitive/Exemplary Damages - ANSWERsums of money, more than are required to
compensate for loss, which are imposed in order to punish wrongdoer conduct now
and deter such conduct in the future
Questions And Answers 100% Solved.
Give the 2 reasons why a named Insured adds another person or organization as an
addt'l Insd - ANSWERClose or business (contractual) relationship
What are the three categories of legal liability? - ANSWERTort, Statutory, &
Contractual
Tort Liability - ANSWERa wrongful action or omission that harms a person or
business, prompting the injured party to seek compensation in civil court. As a result,
the guilty person (the defendant or tortfeasor) bears legal liability; Differs from crime
in that it is a violation of a common or civil law
Statutory Liability - ANSWERliability arising out of specific rules or laws (statutes)
enacted by a legislative body providing direction or prohibition; overrides common
law; Ex/ Dram/Liquor, Americans w Disabilities Act, WC, etc.
Contractual Liability - ANSWERan agreement between two or more parties, which
creates an obligation to do or not to do a particular thing; Ex/ Lessor-Lessee, Owner-
Contractor, etc.
Warranty - ANSWERassurance made by seller of goods, either express or implied,
that references quality/fitness of goods/services & is relied upon by buyer of
goods/services
What are the 4 types of Tort Liability? - ANSWERNegligence, Intentional, Strict, &
Absolute
Negligence Tort Liability - ANSWERthe failure to act as a reasonable person would
under the same or similar circumstances
Intentional Torts - ANSWERAn intentional or voluntary act where the person or
organization committing the act is expressly or implicitly deemed to have possessed
intent or purpose to injure
Example of an Intentional Tort - ANSWERLibel, wrongful entry/eviction,
assault/battery, false arrest, etc.
Strict Liability Tort - ANSWERconcept applied by the courts in PRODUCT liability
suits in which a manufacturer, distributor or seller is liable for any and all defective or
hazardous products that unduly threaten a consumer's health and safety; Proximate
cause NOT applied & all that has to be proven is product that caused damage was
defective
, Absolute Liability - ANSWERliability without regard to fault; All that has to be proved
is that an injury or damage occurs because of the activities; ACCIDENTAL, couldn't
be helped
4 Requirements of a Negligent Tort - ANSWERMust be duty owed, breach of that
duty, actual injury/loss must occur, & there has to be close cause & effect (proximate
cause) relationship btwn breach of duty & injury/loss
Direct Liability - ANSWERresults from the CONDUCT of a person or organization
that is responsible for injury or property damage to another
Example of Direct Liability - ANSWERDeem's Market, Inc. fails to clean up a food
spill in one of its grocery aisles, and a patron slips on the food, falls and breaks
several bones. The claimant sues Deem's Market, Inc. because it directly caused the
injury
Vicarious Liability - ANSWERliability of one party based upon the liability of another.
It is said that liability is imputed (TRANSFERRED from one party to the other)
Example of Vicarious Liability - ANSWERWhile delivering groceries, an employee of
Deem's Market, Inc. causes an auto accident in which three people are injured. The
injured parties bring a claim against the employee who directly caused the accident,
but they also bring a claim against Deem's Market, Inc., because Deem's Market,
Inc. can be held vicariously liable for the actions of its employees done within the
scope of their employment; Employer/Employee, Principal/Agent, Owner/Manager,
etc.
What are the types of damages that may be awarded in a civil court case? -
ANSWERCompensatory & Punitive/Exemplary Damages
Compensatory - ANSWERsums of money that will, as far as possible, compensate
for the loss
Punitive - ANSWERSums of money, more than that required to compensate for loss,
which are imposed in order to PUNISH wrongdoer conduct now and deter such
conduct in the future.
What are the two types of Compensatory Damages? - ANSWERSpecial & General
Special Damages - ANSWERSpecific $ amounts (for specific injuries) that cover
specific costs; Ex/ medical bills, lost income, repair/replacement of property, etc.
General Damages - ANSWERSubjective $ amounts that cover INTANGIBLE losses;
Ex/ Pain & Suffering, disfigurement, loss of consortium, etc.
Punitive/Exemplary Damages - ANSWERsums of money, more than are required to
compensate for loss, which are imposed in order to punish wrongdoer conduct now
and deter such conduct in the future
