LIABILITY INSURANCE (with reference to Irish law and practice)

Transcription

1 LIABILITY INSURANCE (with reference to Irish law and practice) Syllabus for the 756 THE IRISH LEGAL SYSTEM AND CIVIL PROCEDURE outline the nature and organisation of the Irish legal system, including function and jurisdiction of the courts and the function of various legal personnel; apply the doctrine of binding precedent to given facts; write brief notes on the rules of legal aid; briefly identify the rules of procedure in the High Court and apply these rules to given factual situations; identify the main sources of legal liability and distinguish between contract and tort; outline the workings of the Injuriesboard.ie (previously the PIAB) and the effects of the Civil Liability & Courts Act, NEGLIGENCE define negligence and identify the main criteria for determining whether an act is a tort; explain the concept of care and apply it to various factual situations; describe the test of 'standard of care' in the law of negligence and apply it to factual situations; identify whether a causal link (recognised by law) exists, between an event and a result; explain the concept of 'remoteness of damage'; discuss the nature of the evidential burden in bringing an action at law.

2 3 OTHER TORTS identify the scope of and defences to the tort of nuisance; define the scope of the tort of trespass; describe the main areas of strict liability; explain the tort of breach of statutory duty; apply the law of negligence, nuisance, trespass, strict liability and breach of statutory duty to given factual situations; describe the law of libel and slander as torts of defamation. 4 GENERAL DEFENCES; CONTRIBUTORY NEGLIGENCE; LIMITATIONS OF ACTIONS identify and apply the main defences to an action in tort; explain the principle of contributory negligence; discuss the main principles of law relating to limitation of actions and apply them to factual situations. 5 VICARIOUS LIABILITY / JOINT TORTFEASORS identify the three categories of vicarious liability and apply the rules of law to factual situations; explain the law relating to joint tortfeasors and apply the provisions of the Civil Liability Act 1961 to factual situations. 6 ASSESSMENT OF DAMAGES describe the major remedies available to a plaintiff for breach of a duty at law; state the law in relation to factors which a court must take into account when assessing damages in personal injuries cases; state the law relating to liability for death and apply it to given factual situations.

3 7 UNDERWRITING PRINCIPLES identify the fundamental objective of successful underwriting; distinguish between physical and moral hazards; discuss the wording of a typical liability insurance proposal form and appreciate the importance of the principle of utmost good faith; explain the importance of risk improvement, together with the function and importance of surveys and the safety audit. 8 EMPLOYERS LIABILITY discuss employers liability policy cover and appreciate that differing wordings operate in the insurance market; identify the main sources of liability for employers.

4 9 EMPLOYERS LIABILITY UNDERWRITING identify the type of questions found on an employers' liability proposal form; explain the importance of the wages adjustment schedule when rating employers' liability business; discuss how employers' liability risks are rated; explain why trade endorsements are applied to certain risks; discuss the importance of an employers' liability survey. 10 PUBLIC LIABILITY explain the cover under a public liability policy; compare the 'occurrence' and 'claims made' wordings; identify the various policy exclusions, conditions and extensions contained in a public liability policy; explain how an excess of loss liability policy operates. 11 PUBLIC LIABILITY UNDERWRITING identify questions asked on a public liability proposal form; list the types of premium basis used in rating public liability risks; identify the main underwriting considerations in public liability risks and how they are rated; explain what factors are involved in underwriting Excess of Loss covers. 12 PRODUCTS LIABILITY discuss the importance of the Sale of Goods Acts ; identify the main provisions of the Liability for Defective Products Act 1991; identify the purpose and main provisions of the European Communities (Unfair Terms in Consumer Contracts) Regulations 1995; discuss the main provisions of a products liability policy; explain how products liability risks are classified and rated; explain the purpose of product guarantee insurance and compare it with products liability insurance.

5 13 PROFESSIONAL INDEMNITY; DEFAMATION; DIRECTORS' AND OFFICERS' LIABILITY discuss the purpose of professional indemnity insurance and the scope of policy cover available; identify the type of questions asked on a professional indemnity proposal form and how such risks are underwritten and rated; discuss the problems regarding 'limitation periods' in respect of professional indemnity insurance; explain how the torts of libel and slander arise and identify the form of policy cover available; explain how defamation risks are underwritten and rated; explain the importance of directors' and officers' liability and identify the main provisions of a typical policy wording; discuss the main questions asked on a proposal form for directors' and officers' liability insurance and how such risks are rated.