Tort, Defense Against Unintentional
Definition of "Tort, defense against unintentional"
Excuses raised by a defendant in a negligent suit (unintentional tort). There are three basic defenses to unintentional torts or negligence.
- ASSUMPTION OF RISK an individual (plaintiff), by not objecting to the negligent conduct of another, acknowledges awareness of the present danger and consents to it.
- CONTRIBUTORY NEGLIGENCE both individuals have contributed to an injury or property damage sustained by one or both individuals.Under this circumstance neither should be allowed to collect from the other.
- COMPARATIVE NEGLIGENCE where both plaintiff and defendant contributed to plaintiff's injury, the apportionment of some fault to the plaintiff reduces the liability of the defendant.
Popular Insurance Terms
Disability in which a wage earner is forever prevented from working at full physical capability because of injury or illness. ...
Type of disability income policy used to provide funds for the ongoing monthly business expenses (such as employee salaries, utility charges, rent, and equipment payment due) necessary to ...
Additional amount of life insurance above that provided by the employee benefit plan (standard group life plan) that may be chosen by the employee. A limit is usually placed on this maximum ...
Coverage for automobile or aircraft operators if they are sued for negligently killing or injuring a passenger. The PERSONAL AUTOMOBILE POLICY (PAP) provides MEDICAL PAYMENTS INSURANCE for ...
Model state law of the NAIC that requires that the insurance company and agent provide a prospective insured with written information concerning the cost and benefits of the life insurance ...
Ratio of authorized control level risk-based capital of an insurance company to its total adjusted capital. This statistic determines regulatory action taken by the state's insurance ...
Regulation set forth by the national association of insurance commissioners (naic) to govern life insurance sales illustrations. Includes the following major provisions: POLICY OWNER must ...
Physical damage to one's person. The purpose of liability (casualty) insurance is to cover bodily injury to a third party resulting from the negligent or intentional acts and omissions of ...
Present value computation of the accrued or projected benefits of a retirement plan. This computation is known as the actuarial valuation because it is based on probability (retirement ...
Have a question or comment?
We're here to help.