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What is negligence
According to insurance policy, negligence is defined as any instance that on the part of the policy holder’s that could be blamed for the incidence that occurred, when there is negligent, then the incident was not merely from an accident, but some reluctance, ignorance or anything or such manner can be proved on the part of the policy holder’s.
Depending with the insurance contact engaged, the insurer could cover the loss resulting from a negligence of the policyholder to a certain percentage or alternatively refuse to cater for any loss therein. To prove that a policyholder was negligent, there are four main elements to a negligent, they are:
Existence of a legal duty to use reasonable care
The insurer must prove that the policyholder by the terms and conditions of the contract was under legal obligation to take good care of the situation or the subject matter to avoid any case of damage. When signing an insurance policy, there are some conditions that are special to a particular case, in the case that they offer some duty of care to the policyholder, then in case of an incidence that occurred from the bleach of the duty of care, then the case can be said to be a case of negligence.
Failure to perform that duty
An insurance policy has some preset conditions that calls for some actions, certain behavior or certain way of handing situation on the side of the policyholder to enforce the contract. In the case that the policyholder has ignored or not performed the duty, then it can be concluded as a case of negligence and the contact can have issues in enforceability. failure to perform that duty can result to negligence and non-compensation of the policyholder.
Damages or injury to the claimant
To prove a case of negligence, there must have some damages that have been suffered because of the negligence, in the case of an insurance policy, the subject matter that had been issued must have been damaged or the peril that was insured against must have occurred.
When the damage has occurred, the policyholder will be seeking to enforce the contract and get compensation that is the challenging part of the story; he suffered the damage, but the complainant (the insurance at this level) is claiming that there have been some negligence, thus the damage not enforceable. The insurer assumes that if the policyholder had taken such enough care, then the damage would not have occurred.
Proximate cause relationship between the negligent act and the infliction of damages
Under this heading, the law assumes that some acts on the side of the policyholder that might have triggered another thing that is responsible for the damage. In this case, there is the inclusion of third parties or other activities to functions that might be blamed for the damage. When proving this point, the insurance body must show the cause of events and the relationship that occurred in the entire situation to have the damage occur.
The assumption of this element is that a damage can occur but there is not direct influence of the policyholder if the matters of the case are analyzed, then it can be seen that the policy holder was involved in the situation indirectly; the indirect involvement is the prove of negligence.
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