LGS1004 Review

Concerning a paralegal employed by an attorney, which of the following is not a correct statement about the attorney's ethical obligation:
A. To make reasonable efforts to ensure that the firm has in effect measures giving reasonable assurance that the paralegal's conduct is compatible with the professional obligations of the lawyer. 
B. To take reasonable care to assure the paralegal is not a trouble-maker and will get along with the rest of the employees.
C. To take reasonable care to prevent paralegals from disclosing confidences or secrets of a client.
D. The attorney will be responsible for the conduct of the paralegal that is a violation of ethical rules if the lawyer orders the paralegal to engage in the unethical conduct.

Negligence is:
A. A failure to use due care.
B. A failure to exercise high standards of conduct.
C. The same as intentional conduct.
D. A failure to exercise near-perfection.

Concurrent liability means:
A. Plaintiff can only recover if at least three defendants were negligent.
B. Plaintiff and one defendant are negligent and cause plaintiff’s injury.
C. Plaintiff can recover only if at least one defendant was negligent and caused plaintiff’s injury.
D. Separate negligent acts of two or more defendants combine to cause injury to plaintiff.

Preponderance of the evidence means:
A. Proof beyond a reasonable doubt.
B. Substantial clear and convincing evidence.
C. Any evidence submitted.
D. The greater weight of the evidence.

Making the employer liable for the torts of an employee is:
A. Respondeat inferior.
B. Respondeat superior.
C. Employee liability.
D. Respondeat employment

Contributory negligence is:
A. Always decided by the judge.
B. A complete bar to a plaintiff’s recovery.
C. A burden of proof for the plaintiff
D. A partial bar to a plaintiff’s recovery.

A civil statute of limitation deals with:
A. Limiting the number of years a person can be sentenced to prison.
B. The maximum amount of time in which a civil lawsuit must be started.
C. Limiting the amount of money that can be received as damages.
D. Minor criminal offenses.

Under the reasonable person standard, the defendant’s conduct will be judged by:
A. The local custom in the community.
B. The credibility of defendant’s testimony that he really believed he was doing the proper thing at the time.
C. How a hypothetical reasonable person of ordinary prudence would have acted.
D. Evidence submitted of perfect conduct and how close or how far defendant’s conduct fell from that perfect conduct.

For the emergency rule to apply in a negligence case:
A. There must be an emergency vehicle involved, such as an ambulance.
B. The emergency must not be caused by the party attempting to take advantage of the rule.
C. The emergency must be caused by the party attempting to take advantage of the rule.
D. None of the above.

Which one of the following is not a true statement concerning proximate cause?
A. Proximate cause is the same as actual cause.
B. Proximate cause is the primary cause of an injury.
C. Proximate cause is the natural, direct and noninterrupted consequence of a negligent act.
D. Proximate cause examines whether the consequences of defendant’s negligent act were remote or bizarre.

The rule of mitigation of damages is sometimes called:
A. The reasonable reduction rule.
B. The avoidable consequences rule.
C. The fairness in damages rule.
D. The mandatory reduction rule.

Jerry works for a magazine company and delivers magazines to homes, requiring him to drive a company car. While on the job, he decides to go two miles out of his way to check on a new mobile phone. He is not paying attention and collides with a car driven by Ann. In a later suit by Ann against Jerry’s employer, the employer will likely argue:
A. The frolic and detour rule.
B. The coming and going rule.
C. The workers compensation rule.
D. None of the above.

Rob attends a professional basketball game and has a front row seat. In the course of the game a player dives for the ball and ends up striking and injuring Rob. In Rob’s suit against the player and the team a likely issue will be:
A. Rob’s assumption of the risk.
B. Rob’s contributory negligence.
C. Rob’s comparative fault.
D. Rob’s last clear chance.

A wrongful act other than a breach of contract that injures another and for which the law imposes civil liability is called a ________.

________ ________ ________ is the objective test for determining duty in a negligence action.

The ________ ________ requires that in order to impose liability on a defendant, his or her negligent conduct must not have produced a remote, unusual, or bizarre result.

The ___________  __________ rule is the doctrine that a defendant may not benefit, through a reduction in an award of damages, from the fact that the plaintiff has received compensation for his or her injuries from some other source.

A _______________ is a person who comes upon the land without the permission of the land occupier.

A defense interposed in the defendant’s answer that will have the legal effect of defeating a plaintiff’s claim even if the facts supporting the plaintiff’s claim are true is called an ______________  _____________.

A person who owes a duty of care to another person but fails to uphold that duty, and that failure causes injury to the other person is liable for ________________.

______  ________  ___________, latin for “the thing speaks for itself.” A legal doctrine that applies in those instances in which defendant is in a better position than plaintiff to prove what occurred. The evidentiary burden is placed on defendant if certain requirements are met.

The right of one tortfeasor to recover from the other joint tortfeasor(s) when that tortfeasor has paid or may be liable to pay more than his or her proportionate share to the injured party is called ________________.

A ___________  _______  __________ creates a new cause of action for the surviving next of kin in which they may recover their pecuniary loss from the death of the decedent.

____________ is a person who comes onto the land with the land occupier’s permission—express or implied—for a purpose related to an interest of the land occupier.

______________  ______________ is a defense in which the trier of fact determines the percentage of negligence of each party and the plaintiff’s recovery will then be reduced or barred—depending upon the percentage assessed against the plaintiff.

A convict is always found civilly liable if the victim files for recovery under tort.
True False

Negligence can arise from an act of commission but cannot arise from an act of omission.
True False

The causation element is made up of both actual cause and proximate cause.
True False

Economic damages generally mean the same thing as special damages.
True False

An employer will not be responsible for the negligence of an employee driving home from work based on the frolic and detour rule.
True False

In a state that uses the legal concept of contributory negligence, even if the plaintiff is only 1% liable, then the plaintiff's claim will be denied.
True False

Courts must follow primary authorities when making a ruling.
True False

The reasonable person standard in negligence is viewed through an objective standard and not a subjective standard.
True False

Statutes of limitations are statutes which limit the amount of damages someone can sue for.
True False

Preponderance of Evidence is always the burden of proof in a civil case.
True False

An employer is not legally liable for the negligence of an employee who is either coming to work or going from work.
True False

Assumption of the risk applies when the plaintiff has signed a waiver of liability to engage in a dangerous activity.
True False

The only exception to the general reasonable standard of care is that of is when the defendant is a minor.
True False

The collateral source rule states that the plaintiff personal injury award is reduced by any funds received from other sources available to the plaintiff like the plaintiffs own insurance.
True False

The legal theory of respondeat superior extends beyond employees and holds an employer responsible for the negligent acts of independent contractors.
True False

Discuss the reasonable person standard and give an example of how it applies when the facts and circumstances change.

Plaintiff is involved in a motor vehicle collision with another driver. The jury finds 50% negligence on plaintiff and 50% negligence on Defendant.  The jury is instructed to make a finding of damages which the jury finds to be $200,000. Assume the jurisdiction has adopted contributory negligence. Discuss the result and explain the amount the plaintiff will receive.

All of the following statements are true about the elements of battery except:
A. Intent is required.
B. Harmful or offensive touching is required.
C. Causation is not required.
D. An act is required.

Able takes a swing intending to strike Bob in the jaw. Bob ducks and Able’s fist hits Connie. Connie sues Able for battery. Which statement is true?
A. Able will not be liable to Connie because he acted as a reasonably prudent person toward Connie.
B. Able will be liable to Connie because his intent to strike Bob is transferred to Connie.
C. Able will be liable to Connie because he was grossly negligent.
D. Able will not be liable to Connie because he did not intend to strike Connie.

Which statement is not true about the defense of self-defense?
A. It is a defense based upon a privilege.
B. Defendant may use deadly force if defendant believes plaintiff was about to kill defendant.
C. Defendant must utilize reasonably necessary self-defense measures.
D. Defendant may use deadly force in every instance except to save livestock.

For trespass to land to occur the intrusion itself on the plaintiff’s land :
A. May occur by defendant making a personal intrusion or by defendant intentionally causing some other person, animal or object to intrude on the land.
B. Cannot be caused by defendant performing an act on plaintiff’s land which results in an intrusion on the land.
C. Must occur only by defendant intentionally causing some other person to intrude on the land.
D. Must occur only by defendant making a personal intrusion on the land.

One basic difference between nuisance and trespass is:
A. Nuisance can be based on breach of contract whereas trespass cannot be so based.
B. For nuisance the harm must be substantial and unreasonable whereas for trespass the harm may be slight.
C. Both nuisance and trespass require that damages cannot be allowed unless they are proven and trespass damages are limited but nuisance damages are not.
D. A claim for nuisance is more serious than trespass because ownership interests can be acquired with nuisance.

Mike pulls his motor vehicle into Mary’s driveway to visit her. Upon leaving, Mike notices John has parked his expensive Harley-Davidson motorcycle directly behind Mike’s vehicle. As Mike is moving the motorcycle a bystander asks if that is Mike’s motorcycle and if it is for sale. Mike answers with a “yes” to both questions. The bystander and Mike agree on a price of $25,000.00. The bystander who just happens to be a small time drug dealer making an escape, give $25,000.00 in cash to Mike and leaves with the motorcycle.
A. Mike’s actions constitute a dispossession of John’s motorcycle.
B. Mike’s actions constitute a trespass to land.
C. Mike’s actions constitute an intermeddling with John’s motorcycle.
D. Mike’s actions constitute a conversion of John’s motorcycle.

Strict liability:
A. Still requires proof of negligence.
B. Still requires proof of intention.
C. Does not require proof of negligence or intention.
D. None of the above.

“Dog bite statutes” :
A. Do away with the concept that “every dog is entitled to one bite:”
B. Are only concerned with an injury caused by a dog biting the plaintiff.
C. Make it harder for the plaintiff to recover.
D. None of the above.

Products liability may be a based on:
A. Strict liability.
B. Negligence.
C. Intentional torts.
D. All of the above.

A defect in a product may exist if there is:
A. A defect in manufacturing.
B. A defect in design.
C. A defect in lack of warnings.
D. All of the above.

In a products liability case based upon strict liability:
A. Economic damages may be recovered.
B. Non-economic damages may be recovered.
C. Both economic damages and non-economic damages may be recovered.
D. Only non-economic damages may be recovered.

For there to be defamation a defamatory statement must be communicated:
A. To at least one person other than the plaintiff.
B. To the plaintiff.
C. With at least four defamatory words.
D. To at least two people other than the plaintiff.

Defendant’s defense to defamation is:
A. Consent.
B. Truth.
C. Privilege.
D. All of the above.

Acting intentionally to cause the reasonable apprehension of an immediate harmful or offensive contact is the tort of __________.

_____________ is the intentional touching of the body of another, in a harmful or offensive manner, without consent.

______________ ____________ is an intentional tort doctrine meaning that if the defendant does an act intending to cause harm to a person, the defendant will be liable if the harm occurs to some other unintended and unexpected person.

_____________ _______________ is a method of acquiring title to real property by the actual, open, adverse, and continuous possession of it to the exclusion of the owner for the prescribed period of time prescribed by state law.

An interference with the plaintiff’s interest in the use or enjoyment of plaintiff’s property and the interference is not one of trespass is known as the Tort of _____________.

Liability imposed upon a defendant based upon defendant’s ownership or possession of animals, wild or domestic, or by engaging in abnormally dangerous activities; liability without fault is known as __________ _______________.

Defects that do not meet the manufacturer’s own manufacturing standards or guidelines are called ______________ ______________.

Defects in which the product was manufactured properly, but its design created an undue risk of harm to the user or consumer in a normal use of the product are called ______________  _______________.

An ______________  ____________ is a promise or a representation made orally or in writing concerning the product in question.

___________ is a defamation that is communicated in written form, such as a newspaper, a magazine, a letter, or an e-mail. It tends to be a defamation that can be read.

______________ is a defamation that is communicated orally/verbally. It tends to be a defamation that can be heard.

______________ ____________ is a trait or characteristic of a domestic animal that is abnormal to its class that presents a danger such that strict liability will be imposed.

True or False:
The difference between an intentional tort and a tort action in negligence is that intent doesn't matter with a tort action in negligence.
True False

True or False:
Someone who has posted a lie on-line about the plaintiff could be liable in tort for slander.
True False

True or False:
A retailer can escape liability for the tort of false imprisonment when applying the shopkeeper's privilege.
True False

True or False:
Trespass to Land requires the plaintiff be in possession of the land or have the right to immediate possession.
True False

True or False:
A tenant or lessee of a property who is renting or leasing the owner’s land does not have a right to bring suit on the theory of trespass.
True False

True or False:
The element of damages is not required to prove Trespass to Land.
True False

True or False:
Strict Liability requires a showing of negligence or an intentional act.
True False

True or False:
Strict Liability arises in the areas of animals, abnormally dangerous activities, and product liability.
True False

True or False:
Some wild animals that live in nature are inherently dangerous, however, some that live in nature can be domesticated.
True False

True or False:
Under a product liability type case, a seller is considered to be a manufacturer or a wholesaler but not a supplier or a retailer/dealer.
True False

True or False:
Services are not considered products for product liability purposes.
True False

True or False:
Products liability cases may also be based upon a tort theory of negligence in addition to strict liability.
True False

True or False:
A defamatory statement or material must be published or communicated to some third person other than the plaintiff.
True False

True or False:
Libelous statements in writing are more serious, as they are more permanent in nature than oral statements.
True False

True or False:
Defenses to defamation include truth, consent, and privilege.
True False

Describe the doctrine of transferred intent as it relates to intentional torts.

Compare the distinction between a tort based on trespass and a tort based on nuisance in terms of the primary interest of the plaintiff that is being violated.

1. Medical records are sometimes referred to as:
A. The docs.
B. The chart.
C. The key.
D. The meds.
.

Which of the following is an important function the paralegal plays with respect to medical records?
A. All are important.
B. Locating the records.
C. Reviewing the records.
D. Obtaining the records.

From the plaintiff’s perspective one of the best sources for locating medical records of the plaintiff is from:
A. A phone book.
B. On-line web sites.
C. The other side--the defense.
D. The plaintiff client.

Plaintiff was in a serious automobile accident and received a back injury. She is treating with an orthopedic surgeon and a chiropractor. Which of the following records should a paralegal not bother to obtain?
A. The orthopedic records.
B. The chiropractic records.
C. Past urologic records.
D. All of the above should be obtained.

An independent medical exam (“IME”):
A. Will provide the plaintiff with a free opportunity to seek a second opinion for plaintiff’s injury.
B. Is a right of the defendant which may or may not be exercised in a given case.
C. Is a good opportunity for the plaintiff to volunteer a great deal of information and ask the IME doctor about plaintiff’s condition.
D. None of the above.

Which of the following is not a good source to communicate information about plaintiff’s injury and current condition:
A. Plaintiff’s attorney.
B. Plaintiff’s doctor.
C. Facebook.
D. Plaintiff’s spouse.

A pre-existing medical condition affecting the same part of the body for which plaintiff is making a claim is sometimes referred to as:
A. A prior.
B. A pre.
C. A preview.
D. A fore.

One of the worst scenarios caused by not fully disclosing all medical records is :
A. The court assesses costs.
B. The court continues the case.
C. The court dismisses the case.
D. None of the above.

It is good practice for a personal injury paralegal to cross reference known medical care providers with:
A. Actual medical bills.
B. Actual pharmacy bills.
C. Health insurance records.
D. All of the above.

Not disclosing a previous injury to the same part of the body for which plaintiff seeks damage but becomes evidence at trial may affect a jury’s analysis of:
A. Causation.
B. Credibility.
C. Both a & b.
D. Neither a nor b.

The plaintiff in a personal case should be advised by plaintiff’s legal team that:
A. The other side will have access to plaintiff’s medical records.
B. It is possible plaintiff will need to submit to an IME.
C. The plaintiff has a right to change the medical records if they are not accurate.
D. All of the above.

A source of information for defendant to locate medical records of plaintiff is:
A. Interrogatories to plaintiff.
B. Deposition of plaintiff.
C. Canvassing.
D. All of the above.

The federal statute governing access to a patient’s medical records is:
A. HIPAA.
B. HIPPO.
C. HIPAP.
D. HIPPA.

The following records must be specially and separately requested.
A. Lab reports dealing with cancer.
B. Childbirth records.
C. X-rays.
D. Psychotherapy notes.

Once the paralegal for the plaintiff or defendant has obtained the plaintiff’s medical records:
A. They are and remain confidential.
B. They are no longer confidential.
C. They may be shown to a friend if the friend signs a certificate of further non-disclosure.
D. They can now be used for any purpose within the litigation or outside the litigation.

One method of attempting to make certain the medical facility has disclosed all medical records is to use a:
A. Letter from the health care provider.
B. Certification from the health care provider.
C. Manual prepared by the health care provider.
D. None of the above.

The following procedures are proper concerning medical authorizations:
A. Using a blank medical authorization is acceptable.
B. Using a medical authorization which requests medical records only from the date of the accident is acceptable.
C. If a paralegal is on the defense side, rather than requesting a new signed medical authorization from the plaintiff for a newly-discovered medical facility, it is acceptable to simply alter an existing authorization and write in the name of the new facility.
D. None of the above constitutes proper practices.

In requesting medical records the paralegal:
A. Need not be concerned about the cost of obtaining the records.
B. May assume “one size fits all” and one medical authorization will probably be acceptable by all medical facilities.
C. May assume full and complete copies of the medical records requested will be sent.
D. None of the above.

True or False:
Medical records are privileged records between the physician or other health care provider and the patient.
True False

True or False:
Once the law firm obtains a client’s medical records they lose their confidentiality status.
True False

True or False:
For the most part, a health care professional is objective and has no interest in the outcome of a personal injury lawsuit.
True False

True or False:
It is important for the paralegal to gather for review the medical records following the particular accident but not the medical records from before the accident.
True False

True or False:
From the plaintiff’s perspective, the first and best source for locating all medical records is the client.
True False

True or False:
A prior injury (“a prior”) can be devastating to the plaintiff’s case if not ascertained early so that the plaintiff’s attorney can determine how to deal with it.
True False

True or False:
The plaintiff should be advised to be careful about posting anything concerning the accident or plaintiff’s injuries on any social media site.
True False

True or False:
It is good practice for the paralegal to cross-reference known health care providers with those contained in medical bills, pharmacy bills, no-fault records, or health insurance records, as examples.
True False

True or False:
The defendant’s main source to locate plaintiff’s medical records is discovery, both written and oral.
True False

True or False:
The defendant may choose to have the plaintiff submit to an IME, even when the Plaintiff has not placed the injury in controversy.
True False

True or False:
Every medical facility has the same conception of what is meant by “medical records.”
True False

A preexisting injury to the same part of the body as plaintiff is claiming in the present lawsuit can sometime be called a ___________.

An examination by a physician of the defendant’s choosing when a party places his or her physical or mental condition in controversy is an _________ __________ _________ or IME.

_____________ is a federal statute that applies to health care providers and health insurance companies and provides a uniform system for patient privacy protection and patient access to medical records.

_____________ _____________ are narrowly defined under HIPAA as detailed notes made by a mental health professional documenting conversations during a counseling session, private or group.

Medical records produced in a negligence case may contain entries dealing with:
A. Damages.
B. Causation.
C. Breach of duty.
D. All of the above.

Medical records may be:
A. Hand-written.
B. Typed.
C. Electronic.
D. All of the above.

The abbreviation “MVA” in a medical chart means:
A. Motor vehicle accident.
B. Multiple vascular atrophy.
C. Many veins aging.
D. Motor vascular accident.

“No residuals” means:
A. No permanent injury.
B. No high blood pressure.
C. No complaints.
D. No headache.

The medical abbreviation “ROM” means:
A. Resting on mat.
B. Rating of motor skills.
C. Range of motion.
D. Range of motor function.

Medical history is:
A. A study of the dark side of medical history, such as Dr. Jekyll and Mr. Hyde.
B. Background medical information the physician relates to the patient before providing a diagnosis.
C. A study of the history of the medical field.
D. Information given by the patient to the health care provider relating to symptoms of an illness or injury and what may be causing those symptoms.

The term “related to” noted by a health care provider in a medical record refers to:
A. Prognosis.
B. Severity of symptoms.
C. Causation of the medical condition
D. Improper medication.

In medicine, a patient’s complaints are considered to be:
A. Objective.
B. Subjective.
C. Presumed inaccurate.
D. None of the above.

A physician orders a test in order to produce a finding that is:
A. Objective.
B. Subjective.
C. 100% accurate
D. None of the above.

Possible indices of the seriousness of a personal injury in a motor vehicle negligence case may be:
A. The amount of damage to the motor vehicle or vehicles involved, and other property damage.
B. The amount of plaintiff’s medical bills.
C. The doctor’s opinion on permanent injury.
D. All of the above.

Which is not an example of a subjective complaint?
A. Pain.
B. Dizziness.
C. A lab test.
D. Tingling.

A lapse in treatment shown in the chart is typically favorable for :
A. The plaintiff.
B. The defense.
C. The treating physician.
D. None of the above.

Which is not an example of a charting system?
A. SOAP charting.
B. CAKE charting.
C. EXCEPTION charting.
D. PIE charting.

A medical record summary:
A. Will be accomplished differently by each law firm.
B. Should be somewhat brief but accurate.
C. Is an art to be learned.
D. All of the above.

“Gait” in a medical record refers to the way a patient:
A. Talks.
B. Breathes.
C. Reacts.
D. Walks.

True or False:
Two of the most important goals in reviewing and summarizing medical records are to reduce the time that the attorney needs to spend in reviewing those records and to assemble a summary of records for the attorney that is efficient and concise.
True False

True or False: 
Medical records will never contain entries in the chart that may address the elements of breach of duty and causation.
True False

True or False: 
A personal injury paralegal needs to pay particular attention to the history portion of any medical record.
True False

True or False: 
In becoming efficient and productive in reviewing and analyzing medical records, the personal injury paralegal must learn various medical terminology, medical abbreviations, medical symbols, and other medical information.
True False

True or False: 
Medical coding is a system for assigning a number code in a medical billing for a particular test, condition, illness, procedure, or surgery mentioned in the medical records.
True False

True or False: 
Each law firm will likely have their own forms to utilize for summarizing medical records.
True False

__________  ___________ is any information given by the patient to the health care provider or received by the health care provider from others (relative, ambulance attendant, law enforcement personnel) that relates to current complaints, symptoms, and an explanation of what may be causing it.

_____________  _____________ are the patient’s own complaints to a health care provider (e.g., complaints of pain, restricted motion, difficulty lifting, and problems at work).

____________  ____________ are any objective findings verifying those subjective complaints (e.g., tests such as pulmonary function test, X-rays, lab tests, MRI).

A _______________ is the condition that is causing the medical complaints.

A ________________ is a plaintiff who is grossly exaggerating symptoms or just plain pretending or “faking it.”

In interpreting an insurance policy, the doctrine of reasonable expectations means:
A. The policy will be interpreted according to the reasonable expectations of the insurance company.
B. The policy will be interpreted according to the reasonable expectations of the insured.
C. The policy will be interpreted according to the reasonable person standard.
D. The policy will be interpreted according to the reasonable expectations of both the insured and the insurance company.

An action brought to change an insurance policy so that it conforms to state law is an action for:
A. Reinstatement.
B. Retribution.
C. Reformation.
D. Reinforcement.

An example of insurance risk sharing is:
A. Automobile collision coverage with a deductible.
B. Co-pay in a health insurance policy.
C. Both a & b.
D. Neither a nor b.

Zeke has a health insurance policy with SlopCo. Insurance Company. Zeke becomes ill and incurs medical expenses which SlopCo pays. This policy is an example of:
A. Third party insurance.
B. First party insurance.
C. Second party insurance.
D. None of the above.

A declarations page of an automobile insurance policy would typically provide information as to:
A. A description of the motor vehicle(s) insured by year, make, and model.
B. The insured’s criminal history.
C. The insured’s work history.
D. None of the above.

An endorsement to an insurance policy:
A. Means the policy is invalid.
B. Means the policy is cancelled.
C. Means there is a change to the policy.
D. None of the above.

The owner of an insurance policy is:
A. The named insured.
B. The loss payee.
C. The insurance company.
D. None of the above.

An insured has an automobile policy with liability limits of $100,000/$300,000. The most that the insurance company has agreed to pay for an injury to any one person injured along with other people from the same incident is:
A. $300,000.
B. $100,000.
C. Anywhere between $100,000. And $300,000.
D. None of the above.

A loss payee described on the Declarations page of an automobile insurance policy means:
A. All losses must be paid only to the named insured.
B. The insured has a loan on the insured motor vehicle.
C. A loss must be paid only to an identified additional insured.
D. None of the above.

The duty to indemnify means that the insurance company must:
A. Pay the insured’s costs.
B. Pay the insured’s attorney’s fees.
C. Pay claims covered under the policy.
D. Both a & b.

A Declination letter prepared by an insurance company means:
A. The insurance company will defend the insured in the lawsuit but may not pay all claims alleged in the complaint.
B. The insurance company will both defend all claims and pay all claims alleged in the complaint.
C. The insurance company will neither defend nor pay the claims alleged in the complaint.
D. None of the above.

True or False:
An insurance policy is governed under principles of contract law.
True False

True or False: 
First-party insurance coverage covers losses of others caused by their insured.
True False

True or False: 
The Declarations Page provides information as to the name(s) of the insured, the term of the policy, vehicles insured, type of coverage, the amount of the premium, form endorsements, and loss payees.
True False

True or False: 
Third-party liability insurance companies have only the duty to defend the insured.
True False

True or False: 
The liability insurance company has the right to control the defense of a case brought against its insured.
True False

True or False: 
The attorney may represent both the insurer and the insured in the defense of a liability claim so long as there is no conflict.
True False

True or False: 
The primary duty of the attorney is to the attorney’s client who is generally found to be the insured, not the insurer, even though the insurer is paying the fees and costs of the attorney.
True False

An _____________ ___________ is a contract between two parties, where one party is the insurer and the other party is the insured.

The insurance contract will be interpreted according to the reasonable expectations of the insured, regardless of the insurance policy language is known as the Doctrine of ___________ ____________.

An action brought to reform an insurance contract to make it conform to applicable state statutes is called a ___________ ____________.

____________ is the out-of-pocket amount that is required to be paid by the insured first after which the insurance company then pays under the policy.

The ____________ __________ is typically, the first page of an insurance policy, which contains basic information concerning who is covered and what kinds of insurance and limits are included in the policy.

An ____________ is an addition to the basic form insurance policy that makes a change in the policy.

The automobile accident giving rise to the personal injury claim must occur during the policy period to be able to make a claim against an ____________ ___________.

A ___________________ Policy is typically a malpractice insurance policy insuring physicians, attorneys, and other professionals. For coverage, the claim must be made during the policy period.

Third-party liability coverage that is over and above the regular liability insurance in force; usually issued in increments of $1 million is known as an _____________ _____________.

A __________ ____________ is a person or entity listed in an insurance policy that is a lender with some secured interest in the vehicle.

An _______________ in an insurance policy precludes coverage for certain events or certain actions or conduct engaged in by the insured.

UM coverage is:
A. A substitute for liability coverage the at-fault motorist failed to procure.
B. Just another term for UIM coverage.
C. Applied the same in each state.
D. None of the above.

An uninsured motorist may be one who:
A. Has no liability insurance.
B. Has liability insurance but the insurer has declined coverage.
C. Has liability insurance but the liability insurer is broke.
D. All of the above.

In a UM case, proof that a phantom vehicle existed at the time of the accident may be offered by:
A. An independent eyewitness.
B. Evidence of physical damage by the phantom vehicle.
C. Evidence of skid marks by the phantom vehicle.
D. All of the above.

In a UM case, proof that a phantom vehicle existed at the time of the accident may be offered by:
A. An independent eyewitness.
B. Evidence of physical damage by the phantom vehicle.
C. Evidence of skid marks by the phantom vehicle.
D. All of the above.

If a UM carrier settles with its insured or must pay a certain amount to its insured following a trial or arbitration, the carrier:
A. Can pursue a subrogation claim against the at-fault uninsured motorist.
B. Cannot pursue any claim against the at-fault uninsured motorist.
C. Can only recover from the at-fault uninsured motorist half of what it paid to its insured.
D. None of the above.

If an insured wants to bring a UM claim against the insured’s own carrier:
A. How the UM case is ultimately decided will depend upon the terms of the insurance policy.
B. The insured can have the case decided by arbitration.
C. The insured can sue the carrier in court and demand a bench trial.
D. The insured can sue the carrier in court and demand a jury trial.

UIM coverage:
A. Is a special form of third party coverage.
B. Is a form of third party coverage.
C. Is a form of first party coverage.
D. None of the above.

Another simple way of describing UIM coverage is to state that it is:
A. Sole coverage.
B. Supplemental coverage.
C. Never worth purchasing.
D. Worthless coverage.

If notice of a potential settlement between an underinsured motorist and a UIM carrier’s insured is required to be provided to a UIM carrier, this is to protect:
A. The UIM insurer from bad faith.
B. The UIM insurer’s right to a jury trial.
C. The UIM insurer’s indemnity rights.
D. The UIM insurer’s subrogation rights.

No-fault insurance:
A. Has been adopted by all 50 states.
B. Means a plaintiff can sue a defendant and recover even if there is no fault on defendant’s part.
C. Provides certain economic benefits from an insured’s own insurance company regardless of the insured’s fault.
D. None of the above.

An example of a no-fault benefit is:
A. Disfigurement.
B. Pain and suffering.
C. Medical expenses.
D. Disability.

No–fault disputes are resolved by:
A. The method outlined in the policy.
B. Bench trial.
C. Jury trial.
D. Binding arbitration.

True or False:
Common first-party coverages in an automobile insurance policy are uninsured motorist (UM) coverage and underinsured motorist (UIM) coverage.
True False

True or False: 
In an uninsured motorist claim, the injured insured is making a claim against his or her own insurance company.
True False

True or False: 
Stacking means that an insured may be allowed to recover from more than one UM policy if different vehicles are owned with UM coverage.
True False

True or False: 
Most States allow stacking of insurance policies irrelevant of the insurance policy itself.
True False

True or False: 
Underinsured motorist coverage (UIM) protects the first-party insured for the situation in which the other driver has liability insurance, but it is not enough to cover the insured’s loss.
True False

True or False: 
In UIM coverage cases, typically, the UIM carrier must be given notice of the settlement with the other driver’s liability carrier.
True False

True or False: 
The concept of no-fault is to provide economic benefits (wage loss, medical bills) from the insured’s own company rather than having to sue the other driver in a time-consuming and costly process.
True False

__________ ___________ coverage is first-party insurance coverage for the insured in the situation in which the at-fault driver is uninsured.

The theory that an insured is allowed to recover insurance proceeds from more than one automobile insurance policy is known as _____________.

__________ __________ coverage is first-party insurance coverage for the insured in the situation in which the other negligent driver actually has liability insurance, but it is not adequate to cover the injured person’s loss.

___________ Insurance provides certain economic benefits such as medical bills and lost wages from one’s own insurance company rather than having to sue the at-fault driver.