Insurance Law Quiz
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Questions and Answers

What are special damages primarily characterized by?

  • Costs incurred due to wrongful acts (correct)
  • Future economic predictions
  • General damages for emotional distress
  • Subjective estimations of loss

    • Which component is NOT part of an insurance contract?

  • Exclusions
  • Negotiation fees (correct)
  • Insuring Agreement
  • Conditions

    • What does 'Res Ipsa Loquitur' refer to?

  • A type of legal documentation
  • A principle indicating negligence (correct)
  • A type of insurance policy
  • A method to appeal a ruling

    • Which of the following is typically included in the declarations of an insurance contract?

    <p>Coverage limits and duration (A)</p> Signup and view all the answers

    Which requirement must be met for a contract to be considered valid?

    <p>All requirements outlined in the offer must be completed (B)</p> Signup and view all the answers

    What does not typically represent special damages?

    <p>Loss of potential earnings (C)</p> Signup and view all the answers

    In the context of insurance contracts, what are exclusions?

    <p>Items or events that are not covered (A)</p> Signup and view all the answers

    What is the primary criterion for BCSP to pursue a case of unauthorized use?

    <p>Clear evidence of unauthorized use (C)</p> Signup and view all the answers

    What is the appropriate action to take when identifying significant hazards during an audit?

    <p>Document the hazards and recommend corrective actions (B)</p> Signup and view all the answers

    Which term refers to the additional multiplier used by insurance companies to calculate workers' compensation coverage costs?

    <p>Experience Modification Rate (EMR) (C)</p> Signup and view all the answers

    What principles should be adhered to when issuing public statements?

    <p>Issue statements based on knowledge and competence (D)</p> Signup and view all the answers

    What is the consequence of deceptive acts concerning the representation of responsibilities?

    <p>Legal implications and loss of credibility (C)</p> Signup and view all the answers

    What is the primary purpose of a hold-harmless agreement?

    <p>To prevent lawsuits by assigning liability (C)</p> Signup and view all the answers

    In a hold-harmless agreement, who is the indemnitee?

    <p>The party seeking protection (D)</p> Signup and view all the answers

    Which statement best describes a hold-harmless clause?

    <p>It states that one party is not liable for injuries to the other (D)</p> Signup and view all the answers

    When might an individual be asked to sign a hold-harmless agreement?

    <p>When undertaking a risky activity (D)</p> Signup and view all the answers

    What does 'holding harmless' mean in a legal context?

    <p>To protect against liability claims (C)</p> Signup and view all the answers

    Why would a party seek a hold-harmless agreement?

    <p>To avoid legal responsibility for adverse events (B)</p> Signup and view all the answers

    What legal doctrine might be relevant if a child drowns in an unfenced stormwater pond?

    <p>Attractive nuisance (C)</p> Signup and view all the answers

    What could be an outcome of a poorly defined hold-harmless agreement?

    <p>Unclear responsibilities leading to lawsuits (C)</p> Signup and view all the answers

    Which party is typically protected by a hold-harmless agreement?

    <p>The indemnitee (B)</p> Signup and view all the answers

    What must presentations related to employment solicitation avoid?

    <p>Misrepresenting facts about employers or employees (A)</p> Signup and view all the answers

    According to the BCSP Code of Ethics, professional conduct must uphold which of the following?

    <p>Highest standards of integrity (C)</p> Signup and view all the answers

    What action should one take if they become aware of professional misconduct by a BCSP certificant?

    <p>Bring the misconduct to the Board's attention (D)</p> Signup and view all the answers

    Which behavior is explicitly prohibited in the BCSP Code of Ethics?

    <p>Engaging in harassment based on protected characteristics (B)</p> Signup and view all the answers

    Which of the following characteristics does the BCSP Code of Ethics cover as protected against discrimination?

    <p>Gender expression (D)</p> Signup and view all the answers

    The BCSP Code of Ethics emphasizes acting in a manner free of bias based on which of the following?

    <p>Race and religion (D)</p> Signup and view all the answers

    What is a potential consequence of compromising professional judgment according to the BCSP Code of Ethics?

    <p>Risking personal reputation (B)</p> Signup and view all the answers

    The BCSP Code of Ethics requires behavior that is free of harassment in which of the following contexts?

    <p>All professional interactions (D)</p> Signup and view all the answers

    What ethical standard is required when presenting qualifications related to employment?

    <p>Complete honesty about achievements (B)</p> Signup and view all the answers

    Which is NOT a characteristic that the BCSP Code of Ethics aims to protect against discrimination?

    <p>Educational institutions attended (D)</p> Signup and view all the answers

    What is the primary focus of the BCSP Code of Ethics #8?

    <p>To encourage constructive service in civic affairs. (D)</p> Signup and view all the answers

    Which type of disability allows a worker to return to full job duties after a certain period?

    <p>Temporary Partial Disability (A)</p> Signup and view all the answers

    What defines a Permanent Total Disability?

    <p>An impairment expected to last at least 12 months. (D)</p> Signup and view all the answers

    Which of the following statements is true regarding Temporary Total Disability?

    <p>It prevents a worker from performing any job duties temporarily. (C)</p> Signup and view all the answers

    What is an example of a situation that could lead to Temporary Total Disability?

    <p>A doctor-prescribed recovery time of 3 days. (A)</p> Signup and view all the answers

    What is one aspect that the BCSP Code of Ethics promotes among professionals?

    <p>Sharing knowledge and skills for community advancement. (B)</p> Signup and view all the answers

    Which of the following best describes the goal in the context of law and ethics relating to disabilities?

    <p>To protect worker rights and well-being. (A)</p> Signup and view all the answers

    In which scenario would an employee typically face Temporary Partial Disability?

    <p>An employee has a sprained ankle that allows limited mobility. (A)</p> Signup and view all the answers

    Which of the following is NOT a characteristic of Permanent Total Disability?

    <p>Can involve temporary medical recovery. (A)</p> Signup and view all the answers

    Flashcards

    Misrepresenting Job Qualifications

    In job applications, presenting facts falsely to make oneself seem more qualified is dishonest and unethical.

    Professional Integrity

    Safety professionals must act with integrity and avoid conflicts of interest that could bias their judgments.

    Non-Discrimination in Safety

    Safety professionals must deal with everyone fairly, regardless of their group or background.

    Reporting Unethical Behavior

    When a safety professional discovers another professional behaving unethically, they must inform the appropriate authorities.

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    Special Damages

    Damages that are directly caused by a breach of contract, negligence, or wrongful act, and are quantifiable, such as medical bills, property repair, lost wages, and other non-speculative expenses.

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    Res Ipsa Loquitur

    A legal doctrine used in negligence cases, meaning the event speaks for itself. It applies when the injury-causing object was exclusively under the defendant's control, and the accident wouldn't have happened without negligence.

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    Valid Contract

    A contract is valid when all the terms and conditions outlined in the initial offer are met by both parties.

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    Insurance Contract

    A document that outlines the terms of an insurance policy, containing several key sections.

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    Declarations in an Insurance Policy

    The section of an insurance contract that identifies the insured party including information like address, covered property, policy limits, deductibles, policy term, and premium amount.

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    Definitions in an Insurance Policy

    A section of an insurance contract that defines key terms used in the policy.

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    Insuring Agreement in an Insurance Policy

    Part of an insurance contract that states what is covered under the policy.

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    Hold-harmless agreement

    A contractual clause where one party agrees to protect another from legal liability for damages, losses, claims, or lawsuits stemming from their involvement in a specific activity.

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    Indemnitee

    The party in a hold-harmless agreement who is protected from legal liability.

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    Indemnitor

    The party in a hold-harmless agreement who agrees to assume legal liability for the other party.

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    Attractive nuisance

    A legal doctrine that holds property owners responsible for hazards that attract children, even if the owner intended no harm.

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    Hold-harmless agreements for unforeseen risks

    A hold-harmless agreement is often used to protect a party from liability for actions that are beyond their control.

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    Holding harmless in various contracts

    A hold-harmless agreement is common in many types of contracts, such as those related to construction, real estate, or event planning.

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    Risk mitigation through hold-harmless agreements

    The use of a hold-harmless agreement can help to reduce the risk of lawsuits and protect all parties involved.

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    Temporary Total Disability

    A work-related injury or illness that temporarily prevents an employee from performing any job duties for a specific period.

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    Temporary Partial Disability

    A work-related incident leading to a temporary limitation in job duties. A worker can still perform some tasks but not all.

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    Permanent Total Disability

    A permanent injury that permanently prevents an individual from performing any gainful work due to its severity.

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    Constructive Service in Civic Affairs

    A commitment to act in a way that upholds the safety, health, and well-being of the community and the profession. This includes sharing knowledge, promoting safety practices, and actively participating in civic affairs.

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    Restrictions in Work

    A situation where an injured worker can return to work with restrictions.

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    Restricted Employee

    An employee who cannot fully perform their job due to an injury or illness, but can still contribute in some capacity.

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    Workers' Compensation

    A legal concept that allows an individual to receive financial compensation for workplace injuries or illnesses.

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    Employment Contract

    A legal document that details the terms of employment, including benefits and responsibilities.

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    Experience Modification Rate (EMR)

    A multiplier used by insurance companies to determine workers' compensation insurance costs for an individual company. It reflects the company's past claims experience and safety performance.

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    BCSP Enforcement Against Unauthorized Credentials

    The BCSP takes action against individuals using their credentials without authorization and with clear responsibility, control or knowledge of the unauthorized use. This may involve posting the individual's name on their website and/or pursuing a Cease and Desist Agreement.

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    Handling Hazards in a Supervisor's Area During an Audit

    When conducting a safety audit and encountering hazards in a supervisor's area, documenting the hazards, corrective actions, and conversations with the supervisor ensures objectivity and professionalism. This demonstrates a commitment to safety and open communication.

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    Ethical Conduct for Safety Professionals

    Professional safety practitioners must act with honesty, fairness, and impartiality when performing their duties. This includes providing objective and truthful information and avoiding deceptive or misleading actions.

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    How EMR is Calculated

    A combination of actual losses, ballast, and expected losses all contribute to calculating the experience modification rate. These factors influence the cost of workers' compensation insurance for a specific organization.

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    Study Notes

    Basic Contract Elements

    • Agreement, consideration, purpose, and competent parties are required for a valid contract.

    Entity Responsible for Defects

    • The entire production chain, from raw material to finished product, can be held liable for a defective product.
    • Privity, a direct relationship between the injured party and the party whose negligence caused the accident, was once a defense. However, auto manufacturers were ruled liable for defective products, even if they did not have a direct contract with the injured party.

    Plaintiff

    • A plaintiff is a person who initiates a legal action against another in court.

    Foreseeability

    • It excludes liability for harm that was not foreseeable at the time of the action.

    Strict Liability

    • Manufacturers are liable for injuries caused by a defective product, regardless of fault.

    Tort

    • A tort is a wrongful act that causes damage or injury.

    Express Warranty

    • A written or oral statement by a manufacturer or dealer that a product will perform in a specific manner.

    OSHA Violations

    • Willful, serious, repeat, and other than serious violations are defined categories of OSHA violations.
    • De minimis violations include areas with no immediate safety or health threats.

    Hold Harmless Agreement

    • A contractual provision where one party assumes the liability of another.
    • It's used to avoid lawsuits by assigning responsibility.

    Negligence

    • Failure to exercise reasonable care, resulting in injury or property damage to another.
    • For instance, a landlord's failure to provide adequate security could lead to negligence claims if a renter is robbed.

    Exclusive Remedies

    • The only solution for a plaintiff in a specific legal situation.

    Attractive Nuisance

    • A landowner may be held liable for injuries to children who trespass on land with hazardous objects that attract children (e.g., a swimming pool).

    Obvious Perils

    • A manufacturer is not required to warn about a danger that is obvious to the public.
    • Agreement, consideration, purpose, and competent parties.

    Special Damages

    • Damages directly caused by a breach of contract.
    • These include medical expenses, repairs or replacement of damaged property, loss of wages.

    Res Ipsa Loquitar

    • The thing speaks for itself.
    • Used in accident cases where the harm was caused by the defendant's sole control and would not have occurred without negligence.

    Parts of an Insurance Contract

    -Declarations (identifying the insured, coverage limits, premiums, etc), Insuring Agreement (the core contract between insurer and insured), Exclusions (what is not covered), Conditions (rules and regulations that need to be met to receive benefits), Endorsements (modifications).

    Implied Warranty

    • Warranties imposed by law or custom, not specifically stated.
    • The seller implies that the product is fit for a particular purpose.

    Product Liability Cases

    • Negligence, strict liability, express warranty, or misrepresentation.

    Product Recall Characteristics

    • A detailed written plan outlining individual and company responsibilities and actions.
    • Detailed information about the hazard and instructions for usage or return of products.
    • Compensation for injuries, investigation of the causes of errors or design.

    Safety Consultants Professional Liability

    • Covers errors, omissions, libel, and slander. Includes negligence, publication of information with copyright issues, damages, bodily injury, and property damage.

    Hold Harmless Agreement (or Indemnity Agreement)

    • A contract provision where party 1 is responsible for party 2's legal liabilities.
    • A provision in a contract to assign liability in case of a problem.

    Food Processing Plant/Attractive Nuisance

    • Duty to fence a storm water pond, which the manufacturer/owner had a responsibility to do to protect children in the area.

    BCSP Code of Ethics

    • Safety of people and the environment and proper use of property, honesty, fairness, impartiality, conduct with integrity and responsibility, honesty, and avoiding conduct that could discredit the profession or deceive the public.

    Temporary Total Disability

    • A work-related injury that temporarily incapacitates an employee from performing job duties.

    Temporary Partial Disability

    • A work-related injury temporarily reduces an employee's ability to perform job duties.

    Permanent Total Disability

    • A permanent, work-related injury or condition that prevents an employee from any substantial work activity.

    Employee Unions Impact on Safety

    • Unions advocate for safer working conditions and challenge employer reliance on individual worker discipline for safety.

    CSP as Company Consultant

    • Identifying safety hazards and advising the client.

    Res Ipsa Loquitur

    • The fact that an accident occurred implies someone was negligent.
    • The accident occurring speaks for itself; the accident wouldn't have happened if there hadn't been a deviation from proper care.

    Contesting OSHA Citations

    • Companies have 15 working days to contest a citation.

    Trigger Height for Fall Protection (OSHA)

    • 10 feet is the trigger height for fall protection in construction.

    OSHRC (Occupational Safety and Health Review Commission)

    • The body that adjudicates disagreements over OSHA standards.
    • Decisions are appealable to the U.S. Court of Appeals.

    Maximum Civil Penalties for Willful OSHA Violations

    • $135,000 per violation in 2021.
    • Minimum penalty is $9,753.

    OSHA Performance Standards

    • Defining the expected outcome of a process.
    • HAZCOM is an example, outlining the goal for safe handling of dangerous chemicals and materials.

    Vertical Standards

    • Only specific industries have to consider.
    • Example of vertical standard applying differently- Fall protection requirements for construction versus other industries.

    Horizontal Standards

    • Apply broadly to many different situations.
    • Examples: respiratory protection; bloodborne diseases.

    Specification Standards

    • Fixed requirements for things.
    • Example- guardrails

    Competent Person

    • Individuals capable of identifying and mitigating workplace hazards.

    Authorized Person

    • Individuals authorized by employers for specific tasks.

    Qualified Person

    • Individuals with recognized qualifications or experience to address specific job issues or projects.

    Designated Person

    • Individuals authorized by and assigned by an employer for specific duties.

    Recording Injuries and Illnesses

    • Within 7 days of occurrence.

    Marshall v. Barlow

    • Employers are protected by the 4th Amendment regarding unauthorized inspections.
    • OSHA inspectors need a warrant to enter private workplaces to inspect.

    Insurance Companies and Multipliers

    • Use an experience modification rate (EMR) to calculate workers' compensation.
    • Calculated by dividing adjusted losses and ballast by expected losses and ballast.

    Criminal Proceedings for Willful Violations

    • $250,000 maximum per individual, six-month jail time, or $500,000 for the corporation.
    • Competent parties, mutual agreement, consideration, and a legal purpose.

    Elements of Insurance Contracts

    • Declarations, insuring agreements/coverages, definitions, exclusions, and conditions.

    Insurance Policy Declarations

    • Basic information about the policy (insured, dates, etc.).

    Insurance Policy Insuring Agreements/Coverages

    • Details what the insurance company is required to cover.

    Insurance Policy Definitions

    • Definitions of key terms in the insurance policy.

    Insurance Policy Exclusions

    • Items not covered by the policy.

    Insurance Policy Conditions

    • Rules outlining claims procedures, payment, situations.

    Parts of Insurance Policies

    • Endorsements (changes to the policy), sections, and additions that modify the regular coverage.

    Privileged Communication

    • Information shared between a counselor and student that doesn't have to be shared with third parties.
    • This doesn't protect all communications.

    Family Right's and Privileges (Buckley Amendment)

    • Parents have the right to access school records but the details must be shared in the manner specific to the law.

    Qualified Privilege

    • Communication, not defamation, in certain situations even though it could be negative about a student.

    Defamation

    • Damaging someone's reputation by making false statements to other parties.

    FERPA (Family Educational Rights and Privacy Act)

    • Parents have the right and access to their child's educational records.

    Laws Definition of a Parent

    • A natural parent, guardian, or a party acting in the parent's place.

    Non-Custodial Parent

    • Not the primary caregiver, but have rights to records; such as parental-teacher conferences, school reports, and other student matters.

    Educational Records

    • Records pertaining to the student directly, made by a school, or educational institution.

    Due Process

    • Procedures followed when a disagreement arises between the school and parents.

    Deliberate Indifference

    • Schools are legally obligated to address hostile environments and take prompt action.

    Cyber-bullying Harassment

    • Online harassment targeted at others.

    Bullying

    • Bullying is the harassment of others, either physically or verbally.

    Warning Signs of Bullying in Students

    • Unexplained injuries, poor attendance, refusing to go to school, sadness, or being withdrawn.

    Signs of a Potential Bully

    • Quick to blame, physical or verbal fights, issues in school.

    Obligation To Report Bullying

    • School personnel are responsible for reporting bullying incidents appropriately.

    Foreseeability

    • Assessing factors in advance that could cause negative consequences.

    In Loco Parentis

    • School personnel act as temporary parents and have responsibilities, such as reporting on suspected harm.

    2002 Public Act 2-119

    • State law outlining the need for school policies for bullying prevention and intervention.

    Relationship Violence

    • Incidents involve direct harm, threat of harm, and or abuse, reported to necessary parties such as law enforcement and school personnel.

    Threat Assessment Risk Factors 

    • Factors such as a history of violence, nonviolent offending, early initiation of violence, and the failure of intervention efforts.

    Socio-Cultural and Individual Risk Factors

    • Peer delinquency, peer rejection, stress, poor coping, negative attitudes, risk-taking behavior, and substance use.

    Ethical Codes

    • Professional values, culture, standards of behavior, and legality.

    In Loco Parentis

    • School personnel's legal obligation to act "in place of parents" toward students, including responsibility for safety.
    • Details about risks, benefits, and alternatives of counseling options.
    • Schools can't require an exception without parental consent.

    Duty to Warn

    • Counselors are obligated to report or warn any potential risk to other people.
    • Protecting others or yourself.
    • In CT, the legal age for sexual activity is 16, with an understanding of age ranges.

    Title IX

    • Federal law prohibiting sex discrimination in education.

    Safe Schools Laws

    • Provide protections against bullying, harassment, and discrimination based on sexual orientation and gender identity.

    Gender Markers

    • Data points on an individual's legal gender are recorded on the student's records.

    Disclosure of Information for

    Transgender Students

    • School personnel should communicate with the student to discover their needs.
    • How to identify restrooms based on the student's gender identity.

    CSP 570-Ethics and Law Outline

    • Comprehensive overview covering legal definitions, ethical considerations, and critical aspects of counselor practice.

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    Domain 9: Law and Ethics PDF

    Description

    Test your knowledge of key concepts in insurance law, including special damages, exclusions in contracts, and the implications of hold-harmless agreements. This quiz covers fundamental principles that govern insurance policies and liability. Prepare to deepen your understanding of legal standards in the context of insurance.

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