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What are the seven tests that determine if an emplyment relationship exists?
- 1. the degree of control enforceable under the agreement.
- 2. the type of occupation
- 3. the required occupational skill
- 4. the duration of the agreement
- 5. the method of payment - by time or output
- 6. who supplies the tools, material, and workplace; and
- 7. whether the function is central or peripheral to the hiring party
- note that the essential element of the employment relationship is the employers right to control his employees time and activities.
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What does an independent contractor do?
he performs tasks for the party who hired him to achieve a goal.
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What does an employee do?
- He peforms tasks for his employer who has the right to control the method his employee uses to accomplish the task.
- Unlike an agent, an employee can not contractually bind his employers.
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How is employer and employee vicarious liability determined?
It is the principal/employer's right to direct and control his agent / employee that generates the employer's vicarious liability.
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An employer is not liabile for an independ contractor's tort unless
- 1. the employer negligently chose the contracor or gave inadequate work directions.
- 2. the employer tried to delegate a nondelegable duty to the contractor
- 3. the contract required inherently dangerous activities, such as blasting
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Who are insurance producers and what are they classifications of producers?
- Insurance producers may be agents or brokers. The types of producers are:
- 1. General agents who sell property-causalty insurance
- 2. special agents who have nly the powers specified in their agency contracts.
- 3. solicitating agents are subagents of general agents or life-health principal
- 4. subagents are agents of both their appointing agent and that agent's principal
- 5. brokers are the insurd's agents authorized to procure their insurance.
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A producer's autority may be
- 1. actual authority inentaionally created by the insurer (principal)
- 2. apparent authority created by estopple
- 3. authority created by ratification.
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A Producer may be liable to an insured for what?
- 1. exercise resonable care.
- 2. follow the customer's clear instructions
- 3. obtain the correct insurance coverage
- 4. maintain coverage
- 5. place insurance with a solvent insurer
- 6. adequatly advise a customer.
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A producer may be liable to an insurer for loss caused by
- 1. failure to disclose material risks
- 2. failure to follow instructions
- 3. action beyond th scope of his authority
- 4. failure to keep proper accounting
- 5. failure to transmit information promptly.
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What are errors and omissions coverage for producers?
E & ) coverage pays the cost of defense and indemnifies producers for financial loss resulting from claims of professional negligence.
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When is a claims representative liable to an insurer?
- 1. failure to fllow instructions
- 2. failure to comply with the law.
- 3. failure to provide prompt, professional service
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Under the uniform claims settlement practices act, insurers may not do what?
- 1. misrepresent coverage provisions
- 2. fail to act promptly on communications
- 3. fail to adopt resonable standards to investigate claims
- 4. reguse to pay claims without a reasonable investigation
- 5. fail to affirm or deny coverage within a resonable time
- 6. low ball to force claimants to litigate claims
- 8. ateempt to force settements for less than would be reasonable expected from applicaton materials
- 9. attempt to settle based onaan altered application
- 10. make payments without stating the coverage applied
- 11. consistently appeal arbitration awards in order to force claimants to accept less than the arbitration amounts.
- 2. delay their investigations
- 13. fail to settle claims with clear liability under one coverage in order to induce settlement under another coverage.
- 14. fail to prove a prompt explantion of denial of liability
- 15. fail to adopt standards to assure workman lik repairs.
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The six basic systems of government are:
- 1. democratic rule
- 2. Junta - military government
- 3. Monarchy - government with a heredity head of state.
- a. absolute monarchy - leader rules alone with help from advisers
- b. constitutional monarchy - a parliment governs the country and the monarch has ceremonial powers
- 4. Single-party government
- 5. theocratic government
- 6. transitional government
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The three subsystems of the civil-law traditon are:
- 1. Roman - French law - uses a written legal code with a magistrate who acts as the final arbiter of private law disputes; the court relies heavilyty on apponted experts who investigat ethe evidence.
- 2. German law - uses a legal code designed for interpretation by technical legal bureaucrats.
- 3. Scandinavian Nordic law - uses a long-established body of customary law.
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Other legal systems are:
- 1. Far eastern law - relies on local customary law and confucianism, with an emphasis on compromise rather than on individual rights.
- 2. Hindu law - relies on the philopphical precepts of Hinduism
- 3. Islamic law - used the Koran as the foundation for its leagal system; society must adapt to the law rather than create laws that reflect society.
- 4. Socialist - communist law - does not recongnize tort or contract law because the state owns most means of production.
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