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Math 422 notes - Negligence plaintiff party claiming injury...

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Negligence - plaintiff – party claiming injury - defendant – caused injury - Plaintiff must establish o Defendant had an obligation (duty) o Duty was not performed by defendant o Compensable injury o Injury resulted directly from defendant’s actions - Can collect damages for: o Bodily injuries (pain and suffering) o Personal injuries (injuries when denied rights) o Punitive damages - Defenses o Contributory negligence – plaintiff also responsible, gets no settlement o Comparative negligence – plaintiff contributed partially, gets prorated award o Last clear chance – plaintiff contributed, but defendant had last clear chance to avoid. Still found guilty. 1/22/08 - Difference between life insurance and property agent rights o Life insurance policy is non-cancellable. Property insurance can be modified. Chapter 5 - Agent – acting more on behalf of company than client o Tries to sell own company’s products - Broker – More on behalf of client than company o Tries to find best policy through any company, than pays fee to his company for resources - Both middlemen between a client and a company - Law of agency o Common law o An agreement Express terms, contract o incidental authority o Apparent (implied) o Ratification - Role o Scope of authority Sets limits of activity o Duties, loyalty, obedience o Knowledge of agent is considered knowledge of principal Company for agent Client for broker
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Paper notes - Use active voice in preference of past tense - Majority opinion = common law, more concisely written o Minority opinion = essay stating reason for dissent o Can write about minority opinion as well to evaluate decision - Careful about run-ons and splitting everything grammatically - Make sure to meet the page guideline - Write out name of case, date of case - Sweetland writing center - Reading paper backwards to evaluate sentences - 2 spaces after every period. Insurance Regulation - Decisions o Original decision: Paul vs. Virginia approx 1869 – State regulation (US Supreme Court) Not interstate commerce At the time, insurance may not have allowed many opportunities for travel or interstate commerce o Southeast Underwriter’s case SEUA (1944) – concluded that insurance IS interstate commerce and should be regulated at a federal level o McCarran Ferguson Act 1945 (PL-15)
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