Tort Law 7th Edition J. Stanley Edwards, Traci Cull - Solutions

True Or False In a no-fault system, lost wages are paid immediately in the amount actually lost by the injured party.
True Or False Some have suggested that uninsured motorists in no-fault states should not be allowed to recover for their damages.
True Or False Changes are rare in no-fault jurisdictions.
True Or False Several jurisdictions allow no-fault and tort remedies to coexist.
Courts can ____________ a policy if an insurance carrier provides limits less than those required by statute.
__________ insurance is where insured’s carrier would provide coverage to insured for bodily injury or property damage while operating a vehicle.
If an insured is injured while in a vehicle owned by someone else, the insured’s coverage will be considered ____________ and the coverage for the vehicle will be considered ____________.
Reimbursement for a lost or damaged item is determined by its ____________ value or its ____________ ____________value.
____________ ____________ coverage provides coverage when an uninsured motorist is unable to pay the insured’s damages.
If a party appeals an arbitration award, a trial ____________ ____________ is held.
Termination of an insurance contracta. does not entitle an insured to a return of advance premiums.b. can result in the insured forfeiting her registration rights to a vehicle.c. for nonpayment is always an option even if no notice is given.d. all of the above.
Subrogation is allowed with respect toa. uninsured motorist.b. collision.c. comprehensive.d. all of the above.
In a no-fault statea. an injured party cannot sue for intentional injuries inflicted with an automobile.b. an injured party cannot sue for injuries caused by an intoxicated driver.c. thresholds for recovery may be tied to a party’s medical expenses.d. all of the above.
No-faulta. has resulted in the lowering of treatment expenses.b. allows an injured party to retain the right to sue.c. allows an injured party to sue for his actual medical and rehabilitation expenses and lost wages.d. none of the above.
UM coveragea. is not required in most states with the issuance of a liability policy.b. can be stacked with UIM coverage.c. may be allowed in multi-vehicle accidents for one vehicle and UIM coverage for another.d. all of the above.
Comprehensive insurance coveragea. does not apply to the shattering of a windshield or to the theft of valuables.b. must always be part of any standard automobile contract.c. often requires proof of forced entry before the insured will be reimbursed for stolen property.d. all of the above.
How is bad faith committed?
What are the characteristics of an adhesion contract?
What is the reasonable expectations doctrine?
What are the two types of bad faith, and how do they differ?
What part of an excess judgment is the insured liable for?
Why are remedies in contract law sometimes insufficient?
What is a reservation of rights?
What might an insured do to protect themself from an excess judgment?
What damages can be awarded in a third-party bad faith action?
What damages can be awarded in a first-party bad faith action?
“Fairly debatable” is a standard in what type of bad faith action?
“Equal consideration” is a standard in what type of bad faith action?
When and for what purpose would an insurer file a declaratory judgment action against its insured?
Are UM and UIM actions considered first-party or third-party actions?
True Or False The tort of bad faith is an intentional tort.
True-False The tort of bad faith is always based on a breach of a contract.
True-False An adhesion contract results from uneven bargaining power between the parties concerning specific, negotiated provisions.
True-False In response to contracts of adhesion the courts developed a rule of law that the contract be interpreted in favor of the party that did not draft the contract.
True-False A contract provision that can be reasonably interpreted in more than one way is considered“ambiguous.”
True Or False Where there is a special relationship between the parties a breach of covenant and good faith and fair dealing becomes a tort called bad faith.
True Or False A third-party claim occurs when there are at least three plaintiffs.
True Or False A first-party claim involves only the one plaintiff and one defendant.
True Or False An excess judgment occurs when the jury awards too much money to the plaintiff.
True Or False Some courts require a showing of more than mere negligence before they will find an insurer acted in bad faith.
True Or False There are six factors in the equal consideration test.
True Or False A defendant against whom an excess judgment has been awarded often assigns their rights against their insurer to the plaintiff.
True Or False The insurer is held to a higher standard of care in third-party cases than in first-party cases.
A(n)________________________ is characterized by uneven bargaining power and lack of negotiation of terms.
Damages for bad faith go beyond the ________ damages of contract law.
An insurer will file a(n)____________ ____________ action to have the court determine if there is coverage under an insurance contract.
When an injured party obtains a verdict that is more than the insured’s policy limits, it is called a(n)________________________.
First-party claims involve _________ whereas third-party claims involve _________.
In a first-party case the standard is ___________ position.
Fraudulent or harassing practices by the insurer can result in a _______ case.
Which of the following acts constitute the tort of bad faith?a. The insurance carrier unreasonably delays payment.b. The insurance carrier acts unconscionably toward its insured.c. The insurance carrier engages in unfair claims practices.d. All of the above.
Under the “reasonable expectations” doctrine,a. the court expects both parties to be reasonable.b. the court will reform the contract to meet the reasonable expectation of the nondrafter of the contract.c. the court will interpret the contract to give the nondrafter what they expected they were
An action in which the insured is seeking payment from their insurer is called aa. class action suit.b. first-party claim.c. bad faith claim.d. breach of contract action.
An action in which an injured party makes a claim against an insured for damages covered by the insured’s policy is called aa. first-party claim.b. bad faith claim.c. breach of contract action.d. none of the above.
A reservation of rights isa. found in the Fourteenth Amendment to the U.S. Constitution.b. the act of an insured in a first-party claim.c. the act of an insurer in initially providing a defense to its insured but advising the insured it may withdraw the defense at a later time.d. none of the above.
Bad faith can occur even if an insurer acknowledges coverage and provides a defense ifa. it refuses to settle for policy limits.b. it evaluates the case as having a value above policy limits but refuses to settle and then will not pay the excess judgment.c. it requires the insured to allow a
Damages in third-party cases includea. the amount of the judgment in excess of policy limits.b. the legal fees incurred by the third party in the name of the insured.c. other provable, monetary losses that caused the insurer’s actions.d. all of the above.
Damages in first-party cases includea. the amount of the judgment in excess of policy limits.b. the legal fees incurred by the third party making the claim.c. unpaid benefits provided in the contract.d. all of the above.
The general standard of care in third-party cases is thata. the claim must be “fairly debatable.”b. the insurer must give equal consideration to its insured.c. the insurer must give greater consideration to its insured than to its own self-interest.d. none of the above.
Factors in the equal consideration test includea. insurer’s failure to properly investigate the claim.b. the extent of the financial risk to its insured if insurer refused to settle.c. insurer’s failure to advise its insured of an offer to settle within policy limits.d. all of the above.
In a declaratory judgment action, the courta. determines what the amount of the judgment should be.b. declares judgment for or against a third party.c. in the insurance context makes a determination as to whether there is or is not coverage.d. none of the above.
An uninsured motorist coverage claim is generally treated as aa. first-party claim.b. third-party claim.c. second-party claim.d. none of the above.
Uninsured and underinsured motorist claims are usuallya. mediated.b. litigated in court.c. arbitrated.d. none of the above.
What was the cause for the creation of workers’compensation laws?
What is the fellow-servant rule?
What types of injuries are exempt from compensation?
How do things like self-inflicted injuries and intoxication fit into workers’ compensation claims?
How do scheduled injuries differ from unscheduled injuries?
What types of benefits are generally not compensated for in workers’ compensation systems?
How is the amount of compensation to be paid to an injured worker limited?
How are appeals often governed in workers’ compensation laws?
What is the name of the judicial figure that often presides over workers’ compensation hearings?
How does the adversarial nature of the system cause the greatest delays in claim resolution?
What effect does subrogation have on an employee asserting a claim against a third party?
How might the ADA affect workers’ compensation laws?
True Or False Workers’ compensation is often thought of as a no-fault system.
True Or False The underpinnings of workers’ compensation as we now know it began to take shape in the nineteenth century.
True Or False Britain was the European country where the underpinnings of workers’ compensation as we now know it began to take shape.
True Or False An IME is an independent medical examination.
True Or False For an injured worker to receive compensation, they must be injured while working at the place of their employment.
True Or False The fellow-servant rule renders an employer nonliable for injury inflicted upon an employee by the negligence of a fellow employee.
True Or False An injured worker’s compensation is always based on their income at the time of the injury.
True Or False Compensation paid while on leave for a workers’compensation claim is almost always the same as the regular salary.
True Or False Permanent scarring is always, by itself, a basis for an award of compensation.
True Or False Psychological damages, without physical injury, are always subject to a compensation award.
True Or False Both the employee and employer have obligations to report the accident for workers compensation.
True Or False The Americans with Disabilities Act is often referred to as the ADA.
True Or False For an injured worker to get an independent medical evaluation from a doctor of their choosing, they must usually pay for it or get permission from the agency overseeing workers’ compensation.
The ________________________ rule protects employers from suit by employees injured by coworkers.
Injuries that provide a fixed sum for compensation based on a workers’ monthly wage are called ____________ injuries.
Most states put a ______ on the monthly wage that an injured employee can be paid.
The fellow-servant rule helped protect employers from claims from their employees bya. preventing lawsuits against fellow workers.b. making the responsible employee solely liable for damages caused by a fellow worker.c. prohibiting all servants from filing suit.d. none of the above.
The primary difference between voluntary and mandatory workers’ compensation systems is thata. in mandatory systems the employee must accept the benefits.b. in voluntary systems the employee may retain the right to sue the employer.c. a and b.d. none of the above.
The name of the U.S. Supreme Court case that upheld noncompulsory workers’ compensation systems in 1917 wasa. Miranda v. Arizona.b. Roe v. Wade.c. New York Central Railroad v. White.d. Brown v. Board of Education.
The difference between a scheduled and an unscheduled injury is thata. a scheduled injury provides a fixed amount of compensation.b. an unscheduled injury provides a fixed amount of compensation.c. a scheduled injury provides for more compensation.d. none of the above.
States limit the amount of compensation paid to injured workers bya. fixing a maximum wage on which compensation is paid.b. providing for payment of a percentage of the maximum monthly wage.c. not indexing the maximum monthly wage to an inflationary index.d. all of the above.
The injured workers’ rights against a liable third party are subrogated toa. the party causing the injury.b. the employer or its insurer.c. the employee.d. none of the above.
In the early 1900s the factors that led to adoption of workers’ compensation laws werea. unsafe working conditions.b. the fellow-servant rule.c. an employer-friendly tort system.d. all of the above.
Telecommuting has raised new issues regarding workers’ compensation laws in thata. employees are technically on the job while at their home.b. an employee who falls at home while technically working can be considered on the job.c. there is no line between being on the job or being “at home”
What duty of care is owed a trespasser?a. What are the four exceptions to this general rule?

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Tort Law 7th Edition J. Stanley Edwards, Traci Cull - Solutions

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