Patrickkaylian

Menendez v Superior Court (1992) - ️️Brothers murdered parents - privilege may be overcome by "dangerous patient exception" if therapist has reasonable cause to believe disclosure is necessary to prevent harm Daubert v Merrell Dow Pharmaceuticals (1993) - ️️Federal Standard for admitting expert scientific testimony - flexible inquiry with focus on principles and methodology. - Been tested - Subjected to peer review and publication - Known or potential error rate - Existence...

Superior epigastric aa. - ️️-Arises from the internal thoracic artery (referred to as the internal mammary artery in the accompanying diagram). -Forms deep to the sixth intercostal space on each side and runs from the plane superficial to the transversus thoracis muscle inferiorly to pass between the diaphragmatic origins on the xiphoid process and costal margin respectively. -It anastomoses with the inferior epigastric artery at the umbilicus -Supplies the peripheral portion of the an...

Why can occurrence policies be difficult for insurers? - ️️open-ended nature of claim reporting makes it difficult to estimate the ultimate losses that will be made against the policy What influences led to the development of the 1st Standard General Liability Policy - ️️Policy Issues * Forms independently written by insurers * Inconsistent, complex & confusing * Ambiguous/complex legal language * Difficult for courts to interpret CGL covers damages arise out of - ️️1. Bodil...

What factors regarding Territory affect UW rates, and why? - ️️* Some states are more litigious since individuals may be more likely to sue * Courts in states may have set precedents making it easier to collect from design firms * Location of home office determines the state rate * Need additional licenses to practice in other states * Coastal regions are issues * California, Florida, and New Jersey are tough and may pay more for E&O insurance What were some of the key findings of the ...

Actuary - ️️A professional statistician who has specialized academic training and who calculates the risks and probabilities of future events, estimates claim costs based on past experience, and uses projections to establish insurance rates Captive Organization - ️️An organization that is formed as a subsidiary of a parent organization to serve the parent organization's insurance needs and that is an alternative form of risk retention Accident Year - ️️A twelve-month account...

Awareness Provision - ️️A policy provision that allows insureds to notify the insurer of circumstances they believe will give rise to future claims (also called the notice of potential claim or circumstance or the discovery clause) Claims-Made Policy - ️️A form of liability coverage that is triggered IF (1) an event takes place after the retro date but before the expiration of coverage and (2) the claim is made against the insured while the policy or any applicable Extended Reportin...

How did the enactment of ERISA change the professional liability insurance industry? - ️️Fiduciary liability existed before ERISA. However, this type of insurance was not offered until after ERISA was enacted. ERISA imposed guidelines that increased the potential liability of fiduciaries of employee benefits plans. Consequently the need for this insurance emerged. A person or organization is a fiduciary if that person or organization holds the confidence or trust of another, especially...

Back Pay - ️️The monetary relief to reimburse wages and/or benefits lost as a result of unlawful discrimination or wrongful termination;; Wages the employee would have earned but for the unlawful treatment by the employer minus any amount the employee was able to earn in the interim Americans with Disabilities Act ADA - ️️A federal statute that protects disabled (physical or mental) individuals from employment discrimination and requires employers to offer reasonable accommodations...

How do you prove negligence for contractual liability? - ️️Plaintiff must prove: 1. That the contract existed 2. Contract was breached 3. Plaintiff suffered injury or damage 4. Damages were caused by breach of contract Directors and Officers Insurance - ️️-Provides coverage for directors and officers for liability that may arise fro claims/suits filed by shareholders, regulators, employees, and others. -In some instances, even the company they work for can sue the board for mism...

Arbitration - ️️A method of ADR that allows the disputing parties to present arguments and evidence to an independent and impartial third party (arbitrator) and that usually binds the parties to the arbitrator's decision Commercial General Liability Insurance (CGL) - ️️A type of insurance that provides coverage for commercial risks for losses arising out of business operations involving bodily injury and property damage, except those specifically excluded, including professional...