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Class Review:HOMEOWNER'S POLICY:playing baseball in front yard-hit ball thru kitchen windows and break window. '' -answer: additional coverages.'' ' '2.'you breakdown and buy a full bred show dog. 3 days later the dog's stolen from your backyard.'-answer: not covered-where is it excluded?: coverage c- personal property%6. while repainting your room, you spill paint all over the wall-to-wall carpet.-answer: A: dwelling%6. the Ups carrier drives his truck thru your detached garage door and damages it-answer: coverage b: other structures'%6. your oldest son calls you after he returns to school from thanksgiving vacation. his comp. was stolen while he was at home-answer: coverage c: personal property%6. lightning strikes a tree in your front yard, killing the tree-answer: additional coverages%6. an earthquake hits your neighborhood and causes several fires. the earthquake damages your home-answer: NOT COVERED-where's it excluded?: section 1-exclusions%6. earthquake hits your 'hood and causes several fires. one of the fires destroys your tool shed.'-answer: other structures'%6. the compressor in your 15-yr old refrigerator goes out and the whole refrigerator must be replaced-answer: NOT COVERED-its excluded under: personal property%6. your car's stolen from your garage-answer: NOT COVERED-not excluded under: personal property%6. one winter morning you awake to find your pipes frozen. they break and cause considerable damage to your belongings. you had the heater on last night-answer: personal property%6. your son leaves his roller blades in living room. your boss trips over them and breaks his wrist-answer: medical payments%6. your grandma gave you a $300 antique lamp. your toddler knocks it over and breaks it-answer: not covered-excluded under: personal property%6. after your boss gets over the fact that he broke your arm in your house, he invites you over. you're nervous and knock a $400 vase off a table in his living room-answer: liability%6. you get a new dog. it bites your neighbor's son-answer: medical payments%6. you rent a carpet cleaning machine. you negligently damage the machine-answer: not covered-excluded under: liability%6. while playing ball you accidentally hit one of your teammates in the face w/ elbow. he has to go to hospital-answer: medical payments%6. 12-hr old daughter's mad at neighbors. she throws rock thru car's window causing $500 in damage-answer: liability%6. you're a lawyer and one of your clients sues you for inaccurate legal advice-answer: not covered-excluded under: liability%6. you're driving a golf cart and thinking about all of accidents you and your family have had. you run over your friend. you friend sues you for damage-answer: liability%6. you hit a pedestrian w/ your car-answer: not covered-excluded under: liability%6. after you hit pedestrian, you drive up on curb and run over your son's bike-answer: personal property%6. the compressor in your 15-yr old refrigerator is fried by a sudden electrical current-answer: personal property%6. your car's stolen from your garage. you had left your lap-top in trunk. is computer covered?-answer: personal property%6. a tornado tears up your front lawn and shrubs-answer: not covered-excluded under: additional coveragesAUTO POLICY:%6. you borrow friends car. you smash into another motorist. the damage done to other motorist's car is:-answer: friend's liability%6. you borrow friends car. smash into someone while you're texting. the damage to friends car is:-answer: friends collision%6. you hate your daughters boyfriend and forbid him from ever being near her or her car. she lends him her car and he causes serious accident. the boyfriend is sued for$10,000. is there coverage under your policy?-answer: your liability%6. you're walking across street and are struck by a motorist who failed to stop (hit and run). you have bodily injuries of $15,000. is the loss covered?-answer: covered by uninsured motorist%6. you're driving home one night and hit a moose. you have $700 damage done toyour car. 'is the loss covered?-answer: your other-than-collision%6. your spouse is driving your car and loses control of vehicle, crashing into the foundation of the statue of chief osceola. is the property damage to the chief covered?-answer: your liabilityis the damage to your car covered?-answer: your collisionare your spouse's medical bills covered?-answered: your medical payments%6. students out celebrating LaSalle advancing to the sweet 16 break your car windowand steal your golf clubs. is the glass covered?-answer: your other-than-collisionyour golf clubs are stolen. is the stolen property covered?-answer: not covered--excluded under: liabilityTypes of Law- Common law - Laws developed through cases; as judges handle law over time- Statutory Law deals with statutes – local, state, etc.Branches of Law-Criminal – infractions of an individual in regards with society - example: assault – not acceptable behavior in a society- Civil – interactions between two individuals o Contracto Tort – governs relationship between people who don’t have a contractbetween each other but some form of injury has occurred hereBasic Tort Liability Rules- No liability- Negligence- Intentional Torts- Strict Liability- Absolute LiabilityLegal Liability from Negligence- All of the following must occur prudent man rule – courts decide who was or wasn’t negligent; prudent man rule, what a reasonable person would have donegiven the circumstanceso There was a dutyo There was negligence (failure to perform)o Actual damage or loss bodily injury, property damage, personal injury (reputation, slander, impede ability to earn income) Special damage – measurable – how much time did you miss at work; how much were the medical bills General damage – intangible losses – back pain, loss of relationship with loved one Punitive damages – punishment part – punish the person who was negligent so that they won’t do it again- Collateral source rule – damages should not be reduced just because you have other means of collection (i.e. health insuranceo Negligence caused the damage – unbroken chain of events; must prove that uninterrupted chain of events stemming from negligence that caused the eventDefenses to Negligence- Assumption of risk – you knowingly take on a risk (ride rollercoasters, sky diving, drive a car, etc.) and you’re assuming that risk- Negligence on the part of the Injured Partyo Contributory – contributing to


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FSU RMI 3011 - Class Review

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