C111: Advanced Loss Adjusting Chapter 2: Liability Injury Claims

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  1. 9) Name 3 aspects of claims settlement the adjuster could explain to a claimant in order to manage his or her expectations?
  2. 10) List the steps to follow in reading a liability policy in light of a claim made against that policy.
  3. 11) What information about a claim might be appropriate for the adjuster to gather at the first contact with the insured?
  4. 12) Define the following terms:

    - Duty of care

    - Standard of care
  5. 13) What duty of care does an employer owe its employees?
  6. 14) Define "vicarious liability".
  7. 15) Review the possible defences to a liability claim.
  8. 16) Why is reliable evidence crucial to any case?
  9. 17) How does the law deal with claimants who suffered from a previous medical condition which was aggravated by an injury suffered from an accident?
  10. 18) What is "material contribution" as it relates to causation in a bodily injury claim?
  11. 19) Explain the "thin skull" legal theory.
  12. 20) What is the standard of proof generally required to establish causation in civil law?
  13. 21) Under what circumstances could parents be held liable for their children's acts?
  14. 22) In what way can a 3rd party claimant's lawyer slow an investigation? How may an adjuster accelerate the process?
  15. 23) Identify factors that could affect the value of a 3rd party claimant's injuries?
  16. 24) Explain why, even though 1 claimant suffers the same injury as another claimant, the compensation levels awarded to the claimants might differ.
  17. 25) What kinds of claims and activities have been linked to possible fraudulent behaviour on the part of claimants?
  18. 26) What tool can be used to document claimant activities that are inconsistent with the type of injuries claimed?
  19. 27) What questions can the claimant's employer answer in order to help determine the value of a claimant's injury?
  20. 28) What does the discount rate address?
  21. 29) What factors will affect the discount rate?
  22. 30) When is a settlement "grossed up"?
  23. 31) Describe some of the types of losses to be paid in the following categories:

    - Special Damages

    - Future loss of working capacity

    - Future Cost of care

    - Non-pecuniary losses
  24. 32) How are claims for relational harm enabled in the common law provinces?
  25. 33) In Quebec, who can sue on the basis of relational harm caused by a wrongful act?
  26. 34) What must be demonstrated in order for a claim to be accepted?
  27. 35) List the benefits of making a lump sum payment of a settlement from the point of view of the claimant. What are the benefits from the insurer's point of view?
  28. 36) What are the components of a structured settlement? How are structured settlements often funded?
  29. 37) Why might it be unwise to admit liability when a decision is made to pay a claim?
  30. 38) Under what circumstances can a release be overturned?
  31. 39) What processes are different when closing a claim involving a minor?
  32. 40) Under what circumstances would an adjuster be concerned with apportioning defence costs?
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C111: Advanced Loss Adjusting Chapter 2: Liability Injury Claims
C111: Advanced Loss Adjusting Chapter 2: Liability Injury Claims
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