C13 Insurance Against Liability

A legal wrong arising from a duty fixed by law. A breach of this duty that causes injury to persons or property is repressible by legal action for damages. Liability for tort involves a private or civil wrong or injury and is distinct from that under contract in that the duty is owed to people,

generally, rather than to a specified individual.

Failure to use the degree of care expected from a reasonable and prudent person

In law, a class of wrong that arises out of

unreasonable, unwarranted, or unlawful use by a person of his own real or personal property or from his or her own improper, indecent, or unlawful personal conduct and producing an

annoyance, inconvenience, discomfort, or hurt to others or to their property that the law would presume a consequential damage.

An unlawful interference of a person’s enjoyment and use of his or her land

An action or a thing that interferes with the

general public. It interferes with the public as a class, no merely with one person or a group of citizens.

Liability assumed through contract, either written or implied. Legal liability policies are based upon liability in tort or negligence and provide limited coverage for contractual liability. However,

contractual liability may be covered in many

instances as an additional risk with additional premium.

A contractual agreement whereby one party

assumes the liability and risk of another party and indemnifies the other party from having to bear the loss.

A law set down in government act and passed by legislature.

A system of laws originating and developed in England by judges based on court decisions and similar tribunals. Also Known as case law or the law of precedent

The obligation that a person has to exercise

reasonable care with respect to the interests of

others, including protecting them from harm.

A person who wrongfully enters onto someone else's land with neither the right nor permission to be there.

A Person who has permission to enter a premises for his or her own purposes

A person who is expressly or impliedly invited onto the premises for some purpose involving economic or potential economic benefit to the occupier of the premises. For example customer entering a store for the purpose of making a purchase.

A person who enters onto premises under a

contract with the occupier, for example, a hotel guest or a theatre-goer

Liability imposed by a court or by a statute in the absence of fault when harm results from activities or conditions that are extremely dangerous, unnatural, hazardous, extraordinary, abnormal or inappropriate.

An agreement that allows one party to protect another party against any future losses or claims that may result from a particular activity. Also known as an indemnity agreement.

A written contract entered into between indemnitor and surety in which the indemnitor secures surety against loss the surety may sustain as a result of having issued a bond for a third party. (usually a company owed by the indemnitor) or for the indemnitor.

A person entrusting good to another

In contract and property law, one to whom goods or property are entrusted for a stated purpose. Can be either gratuitous ( for no consideration) or for hire (for consideration)

The act of placing or transferring goods from a bailor to a bailee.

A legal test to determine the right to recovery based on the predictability of cause or

circumstance. Also called "Remote Cause"

A cause that, in a natural and continuous sequence unbroken by any new and independent cause, produces an event and without which the even would not have happened.

Minimal monetary damages awarded by a court when a legal wrong has occurred but limited tor no actual loss has been suffered by the party pursuing the action.

Damages in excess of those required to compensate the plaintiff for the wrong done, which are imposed in order to punish the defendant because of the particularly wanton or willful nature of his or her wrongdoing. Also called " exemplary damages."

To one consenting, no wrong is done. Where a person voluntarily assumes a risk that results in injury to himself, he is not entitle to claim damages from another

Liability associated with very dangerous actions. Often found in cases involving explosives and in many automobile laws. Negligence does not have to be proven.

The burden or responsibility of proof, and is sometimes referred to by its Latin term, onus probandi

The facts speak for themselves. A doctrine of law or a presumption of certain facts.

CCQ1457 applied to everyone, and it outlines a duty of care: People are expected to abide by appropriate rules of conduct so as not to injure another. In determining the standard of care expected in a particular case, courts will consider the circumstances, usage, and law.

CCQ1457 states that a person may be held liable not only for the consequences of his or her own acts but for those of other people

The Civil Code of Quebec holds that a person is accountable for damage caused by his or her things, animals, or buildings. The principle set out in CCQ article 1465 applies to almost any object be it a helicopter, a pipeline, an electric cable a volatile substance, electricity or water.

Under CCQ1466, the owner of an animal and the person making use of the animal are jointly liable for any damages it causes. This is type of strict liability in that the plaintiff does not need to prove the owner was at fault; the plaintiff merely has to prove his or her injury.

CCQ1468,1469 and 1473 covers liability for safety defects in products. These articles, combined with the consumer protection act, extend liability to retailers who sell goods received from manufacturer, often without any opportunity to test them or without opening the package.

A wrongdoer; a party guilty of a tort

A claimant may pursue an obligation against any one party as if he or she were jointly liable, and it becomes the responsibility of the defendants to sort out their respective proportions of liability and payment

A person licensed and authorized or employed to act on behalf of another

The individual or corporation whose performance is guaranteed in suretyship

The performance of an act. A legal term for doing or accomplishing something

The improper performance of something that is legal to do

The omission to perform duties which by law one is bound to do. The failure to perform an act required by law.

An intentional act which in itself is unlawful or wrongful, and is conducted by someone in an official capacity as an official duty, especially by officals or public employees.

Relationship that exists between two parties or more by virtue of their having entered into a contract.

The standard by which a claim must be proven to prevail. The burden of proof is typically borne by one party or another

Many accidents are the partial fault of both parties who are involved in the accident. The plaintiff who sues another party for damages may also be guilty of some negligence, which is a concurrent cause of the damage, and is therefore guilty of contributory negligence.

A sum of money to which a plaintiff is entitled that makes amends for an actual loss sustained an nothing more

A term used in auto and liability policies meaning physical injury, including sickness, disease, mental injury, shock or death

Injury to real or personal property through another's negligence, willful destruction, or by some acts of nature

A happening or event. Liability policies are usually written on either an accident or occurrence basis. For coverage on an accident basis, the loss or damage must be due to an accident; whereas on an occurrence basis, all that is requires is the happening or the continual or repeated exposure to an unfavorable situation, neither intended nor expected to cause injury or damage. In reinsurance and insurance, it is also the grouping of related losses into a single loss situation.

A liability policy that responds to claims for losses that took place during the policy period regardless of when claims are made. As a result, claims can be filed years after the time the policy was in effect.

Refers to an insurance policy that provides coverage when a claim is made against the policy, regardless of when the claim event took place. A claims-made policy is most likely to be purchased when there is a delay between when claims occur and when they are filed.

Liability assumed through a contract, either written, or implied. Legal liability policies are based upon liability in tort or negligence and provide limited coverage for contractual liability. However, contractual liability may be covered in many instances as an additional risk with an additional premium.

Insurance that indemnifies the insured for the cost of recalling products known or suspected to be defective

The total image and overall appearance of a company or product that may include features such as size, shape, colour or colour combinations, textures, graphics or even particular sales techniques.

A special clause in an insurance policy that covers medical payments of others, irrespective of the insured's legal liability

The maximum amount an insurer will pay for covered losses during a policy period.

The maximum the policy will pay in the event of any one claim or occurrence

An agreed specified amount that the insured must pay on a claim before the insurance company will cover the rest of the claim. This amount is agreed upon by both the insurer and the insured. An insureds obligation to pay a deductible is not based on whether the insured is at fault

Standard general liability policies include an exclusion for loss arising out of pollution. For certain exposures, this exclusion may be modified: for example "Sudden and accidental" pollution arising from a fire.

An ideologically motivated unlawful act or acts including but not limited to the use of violence or force or the threat of violence or force, committed by or on behalf of any group or groups, organizations or governments for the purpose of influencing any government and/or instilling fear in the public or a section of the public.

Various expenses the insurer agrees to pay under a liability insurance policy (in addition to the liability limits). Supplementary payments are normally defined to include such items as first aid expenses, premiums for appeal and bail bonds, pre- and post-judgement interest, and reasonable travel expenses incurred by the insured at the insurer's request when assisting in the defence of a claim.

Duration of policy, most often one year in property and casualty insurance. Also called "policy term"

The premium charged at the inception of the policy is the advance, provisional, or deposit premium.

The premium paid at the inception of a policy but subject to adjustment during the policy period or at the end of the term.

Coverage for the legal liability imposed on an employer to pay damages to an employee injured by the employer's negligence. This is not worker's compensation insurance where special acts of legislation set out specifically the relationship between the employer and employees in certain circumstances and the formula by which awards in each case are computed

Protection that an employer may purchase to cover employees who are not covered by worker's compensation insurance

Any risk of financial loss, disruption of business, or damage to an organization's reputation due to failure of its information technology systems.

A collaborative system where participants share access to services and products rather than owning them individually; generally facilitated through an online platform

An arrangement set up by means of a website or mobile app in which a passenger travels in a private vehicle driven by it's owner, for free or for a fee

An arrangement set up by means of a website or a mobile app that links renters and car owners. Sometimes called vehicle sharing or peer-to-peer car rental services.

An online-enabled application or website used by persons to prearrange the transportation of passengers for compensation by transportation network driver. Also called ridesharing services

An arrangement set up by means of a website or mobile app in which a property primarily occupied by its owner is rented for a short time period to a third party