CCA Liability and Subrogation Flashcards
6 cards from real CCA practice questions. Tap to flip, then mark Knew It or Still Learning — missed cards come back until you master them.
Read the first 6 CCA Liability and Subrogation flashcards as text
What is the 'made whole' doctrine in subrogation?
Answer: The insured must be fully compensated before the insurer can recover subrogation proceeds
The made whole doctrine prevents the insurer from recovering subrogation proceeds until the insured has been fully indemnified for their total loss.
Which party bears the burden of proof in most civil liability claims in the US?
Answer: The plaintiff, by a preponderance of the evidence
Civil liability claims require the plaintiff to prove their case by a preponderance of the evidence, meaning more likely true than not.
What does 'indemnification' mean in a liability context?
Answer: Restoring the injured party to their pre-loss financial position
Indemnification is the principle of making the injured party whole again financially, without profit or penalty.
An employer is typically vicariously liable for employee negligence when the employee is:
Answer: Acting within the scope of employment
Employers are generally held vicariously liable only when the employee's negligent act occurs within the scope of their employment duties.
What is a 'letter of protection' sometimes used in liability claims?
Answer: An agreement where a medical provider defers billing until a settlement
A letter of protection is an agreement between a claimant's attorney and a healthcare provider to delay billing until the personal injury case is resolved.
Which type of damages are intended to punish egregious defendant conduct?
Answer: Punitive damages
Punitive damages go beyond compensating the plaintiff and are designed to punish willful, malicious, or grossly negligent conduct.