Tug of War for Liability Claims

Case Code: INS020 Case Length: 03 Pages Period: 2003 Pub Date: 2003 Teaching Note: Available

Price: Rs.100 Organization: Varied Industry: Insurance Countries: India Themes: -

Abstract Case Intro

Abstract

The case discusses the liability of an insurer to a claimant with regard to medical expenses, which include all expenses incurred on emergency care, surgery, hospitalization, drugs and transportation. The case also highlights the right of an individual to claim special damages as well as general damages. The case concentrates on how absence of negligence can act as a defense to liability claims.

Issues

• Understand the elements of damage in injury claims
• Know how to evaluate special damages as well as general damages in case of injury claims

Keywords

Liability, Claimant, Medical Expenses, Expenses Incurred, Emergency Care, Surgery, Hospitalization, Drugs, Transportation, Right of an Individual, Special Damages, General Damages, Absence, Negligence, Defense, Liability Claims

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