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

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.

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

Under contributory negligence, any fault by the plaintiff — no matter how small — completely bars recovery from the defendant.

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

Pure comparative negligence reduces the plaintiff's damages award by their own percentage of fault.

Question 4

What is 'vicarious liability'?

Accepted Answer

Liability imposed on one party for the negligent acts of another

Answer

Vicarious liability holds one party (such as an employer) legally responsible for the acts of another (such as an employee) based on their relationship.

Question 5

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

Accepted Answer

Intent to harm

Answer

Negligence requires duty, breach, causation, and damages — intent to harm is an element of intentional torts, not negligence.

(CCA) Certified Claims Adjuster Practice Test

(CCA) Certified Claims Adjuster Practice Test

CCA CCA Liability and Subrogation