Casualty Insurance and Claims
Casualty Insurance and Claims tests liability coverage and claim investigation: negligence, commercial general liability, auto liability, uninsured/underinsured motorist coverage, workers compensation, damages, and comparative fault. The exam asks you to separate coverage from liability and to investigate and reserve before paying.
Liability basics
- Negligence requires duty, breach, causation, and damages.
- Mississippi follows pure comparative fault, so a claimant's recovery is reduced by the claimant's own percentage of fault rather than automatically barred.
- The CGL occurrence form provides Coverage A for bodily injury and property damage, Coverage B for personal and advertising injury, and Coverage C for medical payments. Key exclusions include expected or intended injury, contractual liability, pollution, and employer's liability.
- Auto liability, UM/UIM, medical payments, and workers compensation each have different triggers and offsets.
Investigation
- Obtain statements, scene photographs, medical records, wage-loss documentation, and the police report.
- Confirm insured status, additional insured status, and course and scope.
- Evaluate liability and damages, set reserves, and identify subrogation or lien issues.
Worked example
A rear-end collision causes $60,000 in damages. The at-fault driver has a $25,000 liability limit and pays it. The claimant has $50,000 UM coverage. Assuming no comparative fault, UM pays the UM limit minus the tortfeasor payment: $50,000 - $25,000 = $25,000. The claimant does not receive a full extra $50,000, because UM is reduced by amounts paid by the liable driver.
Traps
- Confusing no-fault medical payments with liability payment.
- Missing the UM/UIM offset for tortfeasor payments.
- Taking a release before checking liens and subrogation.
Key points
- Negligence requires duty, breach, causation, and damages.
- Mississippi uses pure comparative fault.
- CGL occurrence coverage responds to bodily injury and property damage.
- UM/UIM is generally reduced by tortfeasor payments.
- Investigate coverage, liability, and damages separately.