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Name: JOSEPH E. DWORAK BUS 80 SPRING 2019 Student ID: SECOND MID TERM EXAMINATION Instructions This examination is a fill-in examination. You are required to read the Factual Pattern. After you read the Factual Pattern, proceed to the second section of the Examination. The second section of the Examination contains a report. You will note that there are numbers throughout the report. A word or phrase has to be associated with each number to make the sentence substantively or meaningfully correct. Utilizing the words listed on the Answer Sheet at the end of the Examination, choose the word or phrase that best fits. Write the number next to the corresponding word or phrase on the list at the end of the Examination. YOU MUST PRINT THE ANSWERS CLEARLY. THE BLANKS CORRESPOND TO THE NUMBER IN THE NARRATIVE. Factual Pattern You are the Vice President of Risk Management at Donald Development (“DD”). Each quarter you are required to report on claims made against DD, and provide your analysis for DD’s Chief Executive Officer. The CEO has asked you to render a report because you are the only one in the company who has taken a business law course. The CEO wants your assessment and recommendations about issues he needs to be aware of before doing anything further. REPORT This Report addresses the legal issues and claims against DD for the first quarter ending March 31, 2019. In this report I will address the claims made. On most of the claims we are covered by insurance. The policy is generally referred to as a (1) policy. I will address the procedures we need to follow to preserve the (2) of these claims by our insurance company. There are other claims which dealt with areas which DD decided not buy insurance to cover and for these claims DD will be (3). The protection of coverage DD has is determined by the (4) which is a dollar amount. If a claim exceeds this dollar amount the (5) will be the responsibility of DD subject to caveats discussed below. I have looked at some of the claims made, and in a couple of the lawsuits multiple theories of recovery are included. In other words, in one case the plaintiff has sued DD for the unintentional tort of (6), which is a (7), but has also included an intentional tort claim. The later claim typically is not covered by our insurance because of the (8) of not wanting to directly or indirectly encourage the commission of intentional wrongful act. I will quickly review what we should expect once we present or (9) to our insurance company a lawsuit which has both covered and uncovered claims or legal theories of recovery which in California are referred to as (10). One presented the insurance company will review the policy and first examine the (11) of the policy to determine the scope of coverage. However, that provision is not dispositive and the section of the policy which outlines (12) will also be reviewed. Those sections need to be reviewed in conjunction with each other to determine if (13) will be extended. Sometimes the insurance company is not prepared to make -1- 4831-8692-9033v1 JED\25608034
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a definitive statement on whether the protection DD paid for by making its annual (14) will be granted.
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  • Spring '16
  • Dr. samuel
  • Tort Law

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