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 subrogation in the context of insurance claims?
Answer: The insurer's right to pursue a third party that caused an insurance loss
Subrogation allows an insurer that has paid a loss to step into the insured's shoes and recover that payment from the responsible third party.
Which doctrine holds that a plaintiff who is even slightly at fault cannot recover damages from a defendant?
Answer: Contributory negligence
Under contributory negligence, any fault by the plaintiff — no matter how small — completely bars recovery from the defendant.
Under pure comparative negligence, how is a claimant's recovery affected if they are 30% at fault?
Answer: Their recovery is reduced by 30%
Pure comparative negligence reduces the plaintiff's damages award by their own percentage of fault.
What is 'vicarious liability'?
Answer: Liability imposed on one party for the negligent acts of another
Vicarious liability holds one party (such as an employer) legally responsible for the acts of another (such as an employee) based on their relationship.
Which element is NOT required to establish negligence in a liability claim?
Answer: Intent to harm
Negligence requires duty, breach, causation, and damages — intent to harm is an element of intentional torts, not negligence.
A subrogation waiver in a contract means the insurer:
Answer: Gives up its right to recover from the third party
When a policyholder agrees to a subrogation waiver, the insurer relinquishes its right to recover from the responsible third party after paying the claim.