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
Type of excess of loss reinsurance in which the insurance company (cedent) cedes its risk of loss on incurred but not reported losses (IBNR) and previously reported losses. ...
Technique designed to permit the exchange of a life insurance policy that has an outstanding loan charged against it for another life insurance policy on a tax-free basis. The procedure is ...
Endorsement to a scheduled property floater that provides all risks protection for street clocks. Clocks and signs attached to business property can be covered under the Standard Fire ...
Property and/or liability coverage for a municipality. Municipalities are responsible for maintenance of through ways as well as a myriad of public services. Liability insurance for ...
Insurance for accountants covering liability lawsuits arising from their professional activities. For example, an investor bases a buying decision on the balance sheet of a company's annual ...
Combination of several policies with each adding an additional layer or limit of coverage above the limits of the policy that comes before it. For example, Policy A adds $100,000, then ...
Same as term Basic Limit of Liability: required minimum amounts of coverage that an insurance company will underwrite. For example, for auto liability coverage the minimum that many ...
Policy provision that provides coverage for continuing payroll expense of all employees of an insured business (except for officers and executives) for the first specified number of days of ...
Insurance sold by a stock insurance company that is usually in the form of nonparticipating insurance. ...
Have a question or comment?
We're here to help.