CCA CCA Liability and Subrogation

Question 1

What is subrogation in the context of insurance claims?

Accepted Answer

The insurer's right to pursue a third party that caused an insurance loss

Answer

The process of canceling a policy after a claim

Answer

A method of splitting claim payments between parties

Answer

The insured's right to appeal a denied claim

Question 2

Which doctrine holds that a plaintiff who is even slightly at fault cannot recover damages from a defendant?

Accepted Answer

Contributory negligence

Answer

Comparative negligence

Answer

Strict liability

Answer

Vicarious liability

Question 3

Under pure comparative negligence, how is a claimant's recovery affected if they are 30% at fault?

Accepted Answer

Their recovery is reduced by 30%

Answer

They cannot recover at all

Answer

Their recovery is reduced by 70%

Answer

Their recovery is unaffected

Question 4

What is 'vicarious liability'?

Accepted Answer

Liability imposed on one party for the negligent acts of another

Answer

Liability arising from a defective product

Answer

Strict liability for ultrahazardous activities

Answer

Liability assumed under a written contract

Question 5

Which element is NOT required to establish negligence in a liability claim?

Accepted Answer

Intent to harm

Answer

Duty of care

Answer

Breach of duty

Answer

Proximate cause

Question 6

A subrogation waiver in a contract means the insurer:

Accepted Answer

Gives up its right to recover from the third party

Answer

Can still pursue the third party after paying a claim

Answer

Must obtain consent before filing suit

Answer

Is required to split recovery with the insured