Torts II - Final

Defamation: Limited purpose public figured are prohibited from recovering damages for defamatory falsehoods relating to their specific controversy unless they prove the statement was made with ___________ __________.

Actual malice

Defamation: How will a plaintiff prove a statement was of or about him?

It doesn't matter who was intended, but who was hit Even if the article was meant to be about this person, if it subjects that person to reputational harm, an action for defamation lies. Must be believed by other to be about the plaintiff

Products Liability: Manufacturing defects in food cases revolve around what kind of test?

Manufacturing defects in food cases revolve around a reasonable expectations test Meaning, was there a reasonable expectation that this item might be in food? Example: - It is reasonable to find a chicken bone in chicken soup - It is not reasonable to find glass in chicken soup

If you're harmed by an ADA because you were particularly sensitive to the activity, can you still sue claiming the defendant is subject to strict liability?

No! Strict liability will NOT be imposed for harm caused by an ADA if the harm would not have resulted but for the abnormally sensitive character of plaintiff's condition/activity. NOTE: Think of mink farm

Can you protect your PROPERTY with a tweets?

No! They are considered deadly force, and trap rules apply! HOWEVER, you can protect your person with a tweets (i.e., self defense)

Defamation: What is the difference between per se and per quod?

Per Se = Defamatory on its face; no context needed - Do not need to prove damages Per Quod = Definition: Anything other than per se defamation - Must prove special damages and causal relationship (Ex: lost profits/customers because of defamation, etc.)

Defamation: Who is a limited purpose public figure?

Plaintiff is a limited purpose public figure if she is a public figure for the limited purpose of comment on a particular issue 5 parameters must be met: 1. The press would come to them for this issue 2. They inserted themselves into the debate 3. They sought to influence the outcome of the controversy 4. The controversy existed prior to the publication; and 5. They retained public figure status at the time of the alleged defamation

Defamation: Who is a public figure?

Plaintiff is a public figure if he is one who has achieved a degree of fame within a society whether through achievement, luck, action, etc. NOTE: He can lose this status

Defamation: How will a plaintiff prove a statement is false?

Plaintiff must be able to prove the statement is not substantially true

What is the Restatements test for Private Nuisance?

Plaintiff seeking to establish a private nuisance must show an invasion by the defendant that is either: (1) Intentional and unreasonable; OR (2) Unintentional and otherwise actionable under the rules controlling liability for negligent or reckless conduct, or for ADAs But under either option, the invasion must still interfere with plaintiff's right to use and enjoy his property

Vicarious Liability: What is the Family Purpose Doctrine?

Family Purpose Doctrine - holds the owner of an automobile vicariously liable for damages to others while a member of the family is driving the vehicle, regardless of whether the owner gave permission

Insurance: What does this policy mean? Policy = 25k/50k/25k

First 25k = liability coverage per person 50k = per occurrence Second 25k = UM

Defamation: Who is a public official?

Government employees, including police officers

Respondeat Superior: Bright line rule

If you are on work time and on the premises of the worksite, you are under VL to your employer UNLESS the tort was purely personal NOTE: Think of Anastopoulo punching Zisk for affair with Akim

Defamation: How is truth a defense to a defamation claim?

If defendant is able to prove the statement is substantially true, this is an absolute defense

What rule applies to keeping wild animals as pets?

If kept as pets, the owner of a wild animal is strictly liable for any injuries caused by the wild animal, regardless of the care taken

What are the consequences of a court finding an activity to constitute an ADA?

If the activity is determined to be an ADA, strict liability applies for any injuries caused by the ADA. HOWEVER... The harm caused must be within the risk of what makes the activity risky

Even a detour or side-trip for personal purposes by an employee may be found within the scope of employment if, what?

If the deviation was reasonably foreseeable or minor... The deviation has to be slight, usual, expected and/or tolerated

Defamation: How is consent a defense to a defamation claim?

If the plaintiff consented to the publication, he cannot make a defamation claim

Products Liability: If the product is regulated by a federal agency (i.e., the FDA and vaccines), are products liability claims allowed?

If the product is regulated by a federal agency (i.e., the FDA and vaccines), no product liability claims are allowed

Damages: What is the Collateral Source Rule?

Insurance Proceeds received by the injured party do not reduce damages recovered by the wrongdoer Any payment received by the injured has no impact on wrongdoer's duty to pay damages

Insurance: What is Med-Pay/PIP?

Insurance which applies to cover medical expenses - No fault coverage - Voluntary and separate coverage that you pay for which - Covers medical bills of the insured up to a limit regardless of who is at fault

Damages: Punitive Damages are subject to _____________ _________ under the 14th Amendment.

Punitive damages are subject to reasonable limits under the 14th Amendment NOTE: Most courts will apply a multiplier to the actual damage amount to determine what a "reasonable amount" of punitive damages is! - Multiple is typically 9 or lower, whereas in this case it was 145 to 1

What is a special harm under public nuisance?

Special harm of an individual plaintiff must be different in kind, not just degree... Injury must also be to plaintiff's land or property, not person Example: sulfur smell bothers everyone, but is peeling the paint off my house

Insurance: What are the duties of the insurer?

1. Duty to Defend - Insurance co. must defend you in suits 2. Duty to Pay - Insurance co. must pay claims reasonably and timely 3. Duty of Good Faith and Fair Dealing - implicit in every K

Defamation: What is actual malice?

(1) Defendant was aware of her misstatements (false); or (2) Defendant showed a reckless disregard about whether the statement was true NOTE on (2): this is more than just carelessness

Defamation: What are the types of privilege that may act as a defense to a defamation claim?

1. Absolute privilege 2. Qualified privilege 3. Privilege in the Private Sphere 4. Constitutional Privilege

What are the 3 defenses we discussed in regard to strict liability claims?

1. Assumption of Risk 2. Contributory Negligence 3. Plaintiff is abnormally sensitive BUT none of these defenses apply to strict liability claims due to wild animals

Workers Comp: If Constance takes a minor deviation on the way to teach a class and gets a coffee, and at Starbucks is punched by an employee, who can Constance recover from?

1. CSOL for workers comp 2. Starbucks EE for tort

Insurance: Which types of automobile insurance are for property damage?

1. Comprehensive = Pays for the property damages caused by the insured to the plaintiff's car and the insured's car 2. Collision = Pays for the property damage caused by the insured to the plaintiff's car

Defamation: How long is the typical SoL for defamation claims?

1 year

Insurance: What are the duties of the insured?

1. Duty to Provide Accurate Information - Consequence of violation... allows insurance company to set aside your policy 2. Duty to give Notice and to Cooperate - Notice of claim must be given within a certain time to allow the insurance company adequate time to investigate it! NOTE: There is no definition as to what "cooperation" means - Insurance company must show that they were substantially prejudiced by your noncooperation 3. Duty of Good Faith and Fair Dealing - Implicit in every contract

Defamation: What types of statements enjoy absolute privilege?

1. Husband and Spouse are considered to be one unit (i.e., no publication) 2. Legislative Proceedings - Actions by congress, state, and local legislative bodies or witnesses in legislative functions cannot be used in a defamation action, even if the statement has no reasonable relation to the matter

What are some examples of public nuisances?

1. Interference with public morals = house of prostitution, gambling, indecent exhibitions, illegal liquor establishments 2. Interference with public peace = unlawful protest 3. Interference with public comfort or convenience = smoke, dust, vibrations, assembly of large crowd which blocks the road, obstructing a public street or navigable stream 4. Interference with public health = pollution of water supply, keeping diseased animals 5. Interference with public safety = storage of explosives, harboring a vicious dog

Defamation: What types of statements enjoy qualified privilege?

1. Judicial proceedings - Information in a judicial proceeding (e.g., accusing someone of fraud in a complaint) cannot be used in a defamation action - Must occur in the courtroom - Must have a reasonable relation to the matter - Protects judges, lawyers, witnesses, jurors, parties 2. Executive and Administrative Officers - A government officer's actions in performance of his official duties cannot be used for a defamation action so long as the action has a reasonable relation to the matter 3. Fair Summary of a Government Report - Fair and accurate summaries of government proceedings and investigations cannot be used for defamation actions NOTE: An unfair summary is one that amplifies the libelous effect that publication of the government report verbatim would have had on a ready who read it carefully

Insurance: What are the 3 types of automobile insurance that apply to personal injuries?

1. Liability Coverage 2. Uninsured Motorist Coverage 3. Underinsured Motorist Coverage

Defamation: What are the 2 types?

1. Libel 2. Slander

Defamation: What are the general elements of a defamation claim?

1. Must cause reputational harm 2. Must be published to a 3rd party 3. Must be false 4. Must be of or about the plaintiff

What are the 6 factors a court will consider to determine whether defendant's conduct constituted a private nuisance?

1. Nature of the activity - Social judgment about the activity (e.g., courts are more sympathetic to backyard tennis courts than houses of prostitution) 2. Gravity of the harm to the plaintiff - Likelihood of serious impact on plaintiff's health or property value provides an increased likelihood that courts will find nuisance 3. Frequency of occurrence - How often does the activity take place (i.e., one night band family party vs fraternity house blasting loud music every night) 4. Comparative economic interests - Utility of defendant's conduct vs plaintiff's economic interests - If the defendant's conduct creates substantial economic contribution, some courts won't find nuisance or will find nuisance with a limited remedy 5. Environmental context - Normalcy of the activity in the particular area (i.e., farmer keeps hogs vs downtown Charleston neighbor keeps hogs) 6. Priority in time - Majority of courts will consider, as a factor but not conclusory, the fact that one party was on the land before the other (i.e., coming to the nuisance)

Respondeat Superior What factors will a court consider to determine whether an EE was acting within the scope of his employment?

1. Time of EE's act 2. Place of EE's act 3. Manner 4. Was EE acting for the Benefit of the ER?

Defamation: What are the defenses to a claim for defamation?

1. Truth 2. Opinion 3. Consent 4. Privilege 5. Statute of Limitations 6. Constitutional Privilege

Defamation: Public officials are prohibited from recovering damages for defamatory falsehoods relating to their official conduct unless they prove the statement was made with ___________ __________.

Actual Malice

Products Liability: A manufacturer has a duty to warn when its product requires ________________ ____ ___ _____, and the manufacturer knows or has reason to know that the integrated product is likely to be ____________ for its intended uses

A manufacturer has a duty to warn when its product requires incorporation of a part, and the manufacturer knows or has reason to know that the integrated product is likely to be dangerous for its intended uses

Products Liability: What is the Economic Loss Rule?

A plaintiff cannot sue in tort to recover for purely economic losses caused by a defendant Example: A truck stalls out causing a delivery to be late

Defamation: How is opinion a defense to a defamation claim?

A pure statement of opinion cannot be shown to be true or false, and thus cannot constitute defamation

How does an ADA differ from other activities? What are some examples?

ADAs are activities that are inherently dangerous, even when you take all reasonable precautions Examples: dynamite, crop dusting, mining pits, fumigation, pest control

Defamation: Public figures are prohibited from recovering damages for defamatory falsehoods unless they prove the statement was made with ___________ __________.

Actual Malice

Products Liability: What is the Crashworthiness Doctrine?

An automobile manufacturer is liable for a defect in design which the manufacturer could have reasonably foreseen would cause or enhance injuries on impact, which is not patent or obvious to the user, and which in fact leads to or enhances the injuries in an automobile collision However, there is no duty to create a crash proof or injury proof car - the standard is reasonableness

What rule applies to trespassing cattle or other animals?

An owner or possessor of livestock or other animals, except cats and dogs, that intrude upon land of another is subject to strict liability for physical harm caused by the intrusion Examples: birds, fowl, reptiles, cattle, horses

What is a public nuisance?

An unreasonable interference with a right common to the general public, generally brought by a state actor BUT can be brought by an individual plaintiff if that plaintiff suffers special harm

Defamation: Who is a private person?

Anyone not a public official, public figure, or lppf

How are assumption of risk and contributory negligence defenses to strict liability claims?

Assumption of Risk If plaintiff understood the risk and voluntarily submitted self to it, this is an absolute defense BUT this defense does not apply to wild animals Contributory Negligence Generally, not a defense except where plaintiff's contributory negligence is knowingly and unreasonably subjecting himself to the risk of harm from the activity NOTE: Not a defense unless the Contrib Neg rises to the level of Assumption of Risk, and also doesn't apply to wild animal claims

What is an ADA?

Definition: Any act that is so inherently dangerous that the person performing it can be held liable for injuries to other persons, even if they took every reasonable step to prevent the injury

Damages: What are hedonic damages?

Definition = Damages that attempt to compensate for the loss of pleasure of being alive Often given when a person is wrongfully convicted and then they are released from prison after spending some period of time there

Damages: What are punitive damages?

Definition = Damages that attempt to punish the defendant for willful, wanton and reckless behavior Also seek to deter others from engaging in similar conduct

Products Liability: What is the Consumer-Expectations Test for determining whether a claim exists for design defect?

Consumer-Expectations Test = A method of imposing product liability on a manufacturer if the evidence shows that a product's danger is greater than what a reasonable consumer would expect Example: A consumer expects a knife to be sharp, but not so sharp it can easily cut off a finger

Products Liability: What tests are applied to determine whether a design defect claim exists?

Courts will apply both of the following tests: (1) Risk-Benefit Method (2) Consumer-Expectations Test

What are the 6 factors that courts will consider to determine whether an activity constitutes an ADA?

Courts will consider a number of factors to determine whether an activity constitutes an ADA: 1. Whether the activity involves a high degree of risk of some harm to person, land, chattels of others; 2. Whether the gravity of harm which may result from it is likely to be great; 3. Whether the risk cannot be eliminated by the exercise of reasonable; 4. Whether the activity is not a matter of common usage; 5. Whether the activity is inappropriate to the place where it is carried on; and 6. The value of the activity to the community

Products Liability: What is a Manufacturing Defect? What standard is applied to manufacturing defect claims?

Definition = Occurs when a product deviates from its intended design, regardless of how much care the manufacturer took to design the product, select the materials, and oversee the production Standard = Strict Liability

Insurance: An insurer is subject to liability beyond the policy limits if it is ________ to reject a settlement offer __________ _______ ________.

Crisci: An insurer is subject to liability beyond the policy limits if it is unreasonable to reject a settlement offer within policy limits Ask: Would a reasonable insurer have accepted the settlement offer?

What is a private nuisance? Examples?

Defendant must have interfered with Plaintiff's interest in use and enjoyment of land Examples: industrial pollution, maintenance of odor-causing animal feedlots, electronic interference with Plaintiff's business

Products Liability: What is a design defect? What standard is applied to design defect claims?

Definition = Those intended to be present based upon choices made by the manufacturer Standard = Negligence - The seller or distributor could have reduced or avoided a foreseeable risk of harm by adopting a reasonable, feasible alternative design, but. as a result of not using the alternative, the product is not reasonably safe.

Products Liability: What is a Warning Defect? What standard is applied top warning defect claims?

Definition = When a company fails to adequately warn about the dangers associated with their products when the foreseeable risk of harm could have been reduced or avoided by the provision of reasonable instructions or warnings Standard = Negligence

Damages: What are are compensatory/actual damages?

Definition = Damages sufficient in amount to indemnify the injured person for the loss suffered Types: 1. Economic Damages (includes medical bills, wages, cost of custodial care, etc.) 2. Non-Economic/ Non-Pecuniary Damages (includes pain and suffering damages, loss of enjoyment of life)

Damages: What types of damages are taxable?

Damages for personal injury in tort are not taxed by the IRS, but damages for emotional injuries may be taxed. Punitive damages are also taxable

What is Respondeat Superior? General rule?

Definition: Employment-based vicarious liability GR: Employers are jointly and severally liable along with the tortfeasor-employee for all of the torts (except sexual harassment) of its employees committed within the scope of their employment

Defamation: What is slander?

Definition: Publication of defamatory matter by spoken words, transitory gestures, or other form of communication

Defamation" What is libel?

Definition: Publication of defamatory matter by: (1) written or printed words; (2) embodiment in physical form (e.g., photos, cartoons, film, recordings); or (3) any other form of communication that has potentially harmful characteristics comparable to those of written or printed words (radio or TV).

Products Liability: What type of medication has different rules with the duty to warn?

Direct-to-consumer warnings from the manufacturer are required on birth control pills, because of the way in which they are obtained (little doctor-patient contact)

Vicarious Liability: What is the Joint Enterprise Rule?

Each partner to a joint enterprise is held vicariously liable for the wrongs of the other partners

Respondeat Superior: How does an employee differ from an independent contractor?

Employee is one who's work is subject to the close control of the person who has hired him. Opposite is true for ICs.

Respondeat Superior requirements:

Employee must be acting within the scope of his employment or his conduct must have been reasonably foreseeable within his scope of employment

Insurance: What is estoppel, and how does it apply to insurance law?

Estoppel = Reliance to the detriment of the insured based upon actions/words of the insurance company If an insurance policy reasonably makes you believe you're covered, they are estopped from denying you coverage!

Defamation: What is publication?

Examples: - statement made to 3rd party - Failure to remove statement (e.g., from a bathroom stall in your restaurant) can be publication if on notice - Re-Publication = separate aggregate publication from original publication on a different occasion and not merely delayed circulation of the original will retrigger the period of limitations

Defamation: To recover general damages for defamation, a private individual has to satisfy what standard? What about recovering punitive damages? What about if the statement is a matter of public concern?

General damages: Negligence Punitive damages: Actual malice Matter of public concern: States decide the standard, but a majority say negligence.

Products Liability: What are the duties to warn in regards to medication?

Generally, drug manufacturers have a duty to provide general warnings to physicians, and then physicians have a duty to warn their patients about the drugs they prescribe. However, because of the overwhelming presence of pharma commercials directing patients to ask their doctors for certain medications, the duty has become "to adequately warn" the user The trend says "adequately" means that, because of the direct-to-consumer advertising, the circumstances are that consumers are going to their doctors and asking for medications. It is really based on "what is reasonable under the circumstances" and because pharma is directing patients to medications, they must warn knowing this.

Vicarious Liability: Are parents VL for the acts of their children just because of the parent-child relationship?

Generally, no. There is usually direct liability (i.e., negligence) in these cases

Workers Comp: _________ is generally not covered by WC, unless what?

Horseplay is generally not covered by WC policies. Unless the behavior is accepted and expected by the ER or unless the horseplay activity is not a substantial deviation from duties of the employment K

Workers Comp: What is the Going and Coming Rule? What are the exceptions to this rule?

Injuries suffered by an employee on the way to the workplace or on the way home are generally not compensable Exceptions: - EE is attacked and injured in the ER's parking lot - ER encourages EE to park off premises and provides a shuttle to the workplace - EE slips and falls on icy sidewalk in front of the workplace - Special Trips i.e., called into work unexpectedly

Insurance: What is Liability Coverage?

Liability coverage is automobile insurance which is: - mandatory in all states - for the person you hit with your car

Respondeat Superior: What is the Going and Coming Rule?

Most courts hold that where an accident occurs where the employee is traveling from home to work, the employee is not acting within the scope of her employment. NOTE: If the employee is returning home after a business excursion, courts are generally divided

Defamation: What makes a claim per se defamation?

Must subject the plaintiff to an attack on her reputation by at least one of the following: 1. Negative as to her occupation or trade Crime 2. Accuses plaintiff of a serious crime 3. Accuses plaintiff of having a venereal or sexually transmitted disease 4. Accuses a woman (plaintiff) of lack of chastity NOTE: This applies to woman only

Defamation: Which publications are required by law and thus cannot be used in a defamation action?

Newspapers are required by law to publish foreclosures in the paper, and they cannot be sued for defamation for these posts

Respondeat Superior: Are those who hire independent contractors vicariously liable for the torts of their independent contractors?

One who hires an IC is generally not liable for the torts of that person Exceptions: (1) Nondelegable duties; (2) Direct liability; (3) Hired IC to complete ADA; (4) Agency relationship exists

Products Liability: What does the 2nd Restatement section 402(A) say?

One who sells...is subject to liability if: (1) The seller is engaged in the business of selling; AND (2) The product is expected to and does reach the consumer/user without substantial change in the condition in which it is sold. Also, the item must have been used as intended when damage occurred! However, if the manufacturer knows and condones misuse (e.g., "You can use our leaf blower to cook hotdogs."), they can't use misuse as a defense

Products Liability: What is the Risk-Benefit Method for determining whether a claim exists for design defect?

Risk-Benefit Method = A method of imposing product liability on a manufacturer if evidence shows that a reasonable person would conclude that the benefits of a product's particular design do not outweigh the dangers inherent in such design Factors for jury to consider: (1) the gravity of the danger posed by the design; (2) the likelihood danger would actually occur; (3) the mechanical and economic feasibility of alternative designs; and (4) the adverse consequences to the product and the consumer of alternative designs

Insurance: What are the steps of tacking?

Step 1: Receive money from tortfeasor's car policy - If they have liability coverage, you will receive UIM - If they do not have liability coverage, you will receive UM - NEVER WILL RECEIVE BOTH UM AND UIM Step 2: Receive money from the car you're injured in - UM if have liability - UIM if no liability Step 3: Reach back to the car you have at home - Pick the one with the most coverage Step 4: Stacking - To stack, you must have been under class 1 when you were in the accident - Class 1 = named insured or resident spouse/relative - Class 2 = permissive user or guest - If in class 1, you get to pull money from all the class 1 cars at your home i.e., your husbands, your daughters, your MIL (if she lives with you)

Workers Comp: When will it apply?

The injury must have occurred through the course and scope of employment and would not have happened but for his employment. "Course of" means that the - Time, Place, Circumstance of injury are examined Ask: Were you clocked in? Ask: Were you on ER's premises, at a place where the EE was reasonably expected to be while fulfilling the duties of the employment K? "Arise out of" means that the - Cause and Origin of injury are examined Ask: Were you doing something for the benefit of your employer when you were injured?

Insurance: When will auto insurance apply?

The occurrence must arise out of the maintenance, operation, and use of the automobile Insurance is based on accidental events - Almost all policies exclude coverage for intentional acts

What rule applies to owners of domesticated animals that cause injuries to others?

The owner of a domesticated animal, such as a dog or cat, is not strictly liable for the injuries their animal causes UNLESS the owner knew or should have known about her animal's dangerous propensities. This rule applies even if the animal has never actually injured anyone

What rule applies to owners who let their livestock onto highways?

The owner of livestock that wanders onto highways is negligent if the owner is negligent in the care and keeping of his/her animals (I.e., allowing the animals onto the highway)

Products Liability: Why does a theft of a car have no product liability claim if something happens to him while he is in the car?

The plaintiff must have been a foreseeable user of the product

Defamation: Media defendants are not liable for comments posted by third party users that they didn't _______ or ___________ ___________ in the creation of the defamatory comments (CDA)

They are not liable for comments posted by third party users that they didn't encourage or materially participate in the creation of the defamatory comments (CDA)

What is vicarious liability?

Tort liability imposed upon A for the tortious conduct of B based upon the existence of some relationship between A and B.

Insurance: What is Underinsured Motorist Coverage?

UIM is automobile insurance which is: - voluntary - for you, when the person who hits you does not have enough coverage to cover your needs

Insurance: What is Uninsured Motorist Coverage?

UM is automobile insurance which is: - mandatory in all states - for you, when you are hit by someone without coverage (example: hit and run, thief steals car and hits you)

Under the Restatement's test for Private Nuisance, what does "unreasonable" mean?

Unreasonable if: (1) the gravity of the harm outweighs the utility of the actor's conduct; or (2) the harm caused by the conduct is serious, and the financial burden of compensating for this and similar harm to others would make continuation of the conduct not feasible

Defamation: What is privilege in the private sphere?

Watt: Communication is privileged in the private sphere if it is done by an employee acting on behalf of the business for the benefit of the employer. - Ask: Does the ER have a need to know?

Workers Comp: What is Workers Comp? When is it required?

What is it? No fault coverage for injuries that occur through the course and scope of employment When is it required? Required in the employer has 4 or more employees

Workers Comp: Workers' Comp is the __________ remedy for EE's injured through the course and scope of their employment

exclusive

Products Liability: When is a warning required on a product?

When: (1) the product presents a danger; (2) the manufacturer knows or should know about the danger; (3) the danger is present when the product is reasonably used in its intended manner; and (4) the danger is not obvious to the reasonable user.

Products Liability: When determining whether an individual classifies as a seller under 402(A), what factors should you consider?

Whether the actor is the only member of the marketing chain available to the injured plaintiff for redress; Whether the imposition of strict liability upon the actor serves an incentive to safety; Whether the actor is in a better position that the consumer to prevent the circulation of defective products; and Whether the actor can distribute the cost of compensating for injuries resulting from defects by charging for it in his business.

Insurance: What are Omnibus and Drive the Other Car Clauses?

Who is insured? Omnibus Clauses: Insurance follows the car - Named insured, resident spouse, resident relative, permissive users (express or implied), guest riding in your car Drive the Other Car Clauses: Insurance follows the driver - UM and UIM are personal and portable

Workers Comp: ___________ ___________ may bar or reduce recovery.

Willful misconduct

Respondeat Superior: Is an employer liable even if the employee acts in a way the employer expressly forbade?

Yes! The ER is still vicariously liable.

Products Liability: Warnings must be reasonable and adequate as to ______ and ____________.

content and placement

Insurance: Ambiguous terms in an insurance contract are construed against the ______ because the ________ has a duty to define all terms in the contract that may be subject to interpretation

drafter

Respondeat Superior: Employer is still vicariously liable for the Employee's acts even if the acts were outside his scope of employment if, what?

the employer aided him in accomplishing the tort