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Terms in this set (79)
,The largest loss exposures Q) A family was hosting a picnic in their backyard. A
commercial organizations have are wooden deck completed a few weeks earlier by a
often their liability loss exposures contractor collapsed under some of the guests,
who were injured. These guests sued the decking
Commercial liability losses can occur contractor for payment of their resulting medical
when an organization is held legally expenses and loss of income. What type of liability
liable to another individual or is this an example of?
organization for injury or damage.
Insurance is often the first line of A) This is an example of products and completed
financial defense for managing such operations liability because it arose from the
exposures. contractor's completed work.
Some of the most prevalent Premises and operations liability exposures and
commercial loss exposures stem Products and completed operations liability
from premises and operations, exposures are among the most common
products and completed operations, commercial liability exposures, commercial general
automobile, workers compensation, liability (CGL) coverage forms are designed to
employment practices, cyber, and provide coverage for them.
professional liability. ********************************************************
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Q) The unendorsed ISO Commercial Damages- Money claimed by, or a monetary award
General Liability (CGL) policy defines to, a party who has suffered loss or injury for which
property damage as another party is legally responsible.
A) Physical injury to tangible Q) A steel company has a liability loss exposure
property, not including electronic arising out of the operation of a mobile crane that
data results in property damage to a neighboring
business. This liability loss exposure relates to
A) Premises and operations
,Three Key Elements Needed to Premises and Operations Liability- The premises
Prove Strict Liability: and operations liability loss exposure relates to
liability arising from bodily injury or property
1) The product was defeated when it damage caused by an accident that either occurs
left the manufactures or suppliers on an organization's owned, leased, or rented
custody or control premises or arises out of the organization's
ongoing (as opposed to completed) operations
2) The defective condition made the but occurs away from the premises. An
product unreasonably dangerous organization's liability for such accidents is usually
based on negligence—that is, the organization's
3) The defective product was the failure to exercise the appropriate degree of care
proximate cause of the plaintiffs owed to a person under the circumstances.
injury In some cases, premises and operations liability
can be based on strict liability. For example, a
blasting contractor could be held strictly liable for
unintentional damage to buildings near the blasting
operations.
It can also apply to liability assumed by a land
owner or occupier under hold-harmless
agreements in contracts such as leases of premises,
maintenance agreements, and construction
contracts.
The premises and operations liability loss exposure
includes bodily injury or property damage claims
arising out of the use of certain types of mobile
equipment (such as bulldozers and cranes). Not
included within the meaning of "mobile equipment"
are automobiles, watercraft (vessels), and aircraft,
which are often insured under separate policies.
Q) For which one of these does the Coverage A
Mobile Equipment exclusion eliminate coverage?
A) The transportation of mobile equipment by an
auto that is owned by an insured
, Although products liability actions Products and Completed Operations Liability-
based on strict liability are typically Distinct from premises and operations liability are
directed at the manufacturer of the different liability exposures arising from products
defective product, the plaintiff can designed and manufactured by an insured, as well
seek damages from any entity that as operations or work completed by insureds.
qualifies as a seller, including a Although they are often treated as components of
distributor or retailer. one loss exposure, liability for products has
distinguishing characteristics from liability for
completed operations.
Products
Products liability arises out of the manufacture,
distribution, or sale of an unsafe, dangerous, or
defective product and the failure of the
manufacturer, distributor, or retailer to meet its
legal duties to the user or consumer of the product.
Products liability lawsuits may be based on various
legal recovery theories, including negligence,
misrepresentation, fraud, deceit, and breach of
warranty. In products liability actions, the plaintiff
must prove that the defendant failed to take
reasonable care in the design, manufacture,
distribution, or sale of the article that caused the
injury.
Many products liability lawsuits are based on strict
liability. In contrast to negligence actions, under
strict liability, the conduct of the manufacturer,
distributor, or retailer is irrelevant, and the focus is
on the safety of the product itself.
Completed Operations
Completed operations liability is the legal
responsibility of a contractor, repairer, or other
entity for bodily injury or property damage arising
out of the entity's completed work. Some courts
apply the strict liability theory in completed