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一。Legal liability

"Legal Liability" in this text means liability at law for the consequences of some negligent act (as opposed to liability for breach of contract, for example).


To be negligent is to fail to do what a reasonable and prudent person would do (or to do what such a person would not do); this can result in property damage, injury or death.

三。Named insured

The person in whose name the policy is issued, the policyholder, is often referred to as a "named insured." Technically, he or she would be the first party to the contract, the second party being the insurance company that issues the policy.

四。Third party

Anyone who is not a party to an insurance contract is a third party. Unlike "first party" and "second party," this term commonly appears in insurance contracts. In an incident giving rise to an automobile insurance claim, a "third party" could be a person who was injured and/or whose property was damaged by an insured car.

五。Absolute liability

If, for example, a pedestrian were to be injured by an insured vehicle owned and operated by a driver whose licence is suspended, the insurer of the car incurs an absolute liability (or strict obligation) to reimburse the pedestrian's losses. The insurer would not, however, be obliged to pay for damage to the car. Furthermore, the driver would have to reimburse the insurer for its payment to the pedestrian. Insurers' absolute liability in certain circumstances provides financial protection for innocent victims of a wrongdoer, even if the wrongdoer has violated the terms of the insurance policy.
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2001-12-30 -04:00
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