1. Defenses Against Negligence Claims—Activities 1
Torts
CPCU 530
Business Law for Insurance
Professionals
Donna M. Kesot, CPCU
13
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Underwriters

2. Defenses Against Negligence Claims—Activities 2
Assignment 6– Torts
Negligence
Educational Objective (EO)
Describe negligence claims in terms of:
The elements of negligence
The required proof of negligence
Instructions
Activity 1—Describing Negligence Claims
Game or Large Group Discussion
This activity is written so that you can present it as a “Jeopardy-style” quiz
game or as a group discussion activity. To present this activity as a game,
divide the participants into small groups to form teams. Read the questions
aloud and then wait for a group leader to provide the correct answer. Assign
one point to teams for correct answers. At the end of the questions, the team
with the most points wins. Note: The answers to the activity are in the form of a
question as required by the Jeopardy quiz show.
Alternatively, divide the participants into small groups. Have the participants
answer the questions in Activity 1—Describing Negligence Claims.
Debrief:
Review the answers with the group.
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Underwriters

3. Defenses Against Negligence Claims—Activities 3
Activity 1—Describing Negligence Claims
The answer is… What is…
1. Tort
2. An obligation imposed by law for the
preservation of the legally protected
rights of others.
3. The person or entity who files a lawsuit
and is named as a party.
4. The party in a lawsuit against whom a
complaint is filed.
5. Tortfeasor
6. Laws that develop out of court
decisions in particular cases and
establish precedents for future cases.
7. The failure to exercise the degree of
care that a reasonable person in a
similar situation would exercise to
avoid harming others.
8. Contract
9. Statute
10. Reasonable person test
11. Airlines, railroads, or trucking
companies that furnish transportation to
any member of the public seeking their
offered services.
12. The failure to conform to the standard
of care required in the situation.
13. Proximate cause
14. Intervening act
15. A rule used to determine proximate
cause when two parties‟ acts coincide
to cause a loss by determining which
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Underwriters

4. Defenses Against Negligence Claims—Activities 4
act is the substantial factor in causing
the harm.
16. A rule used to determine if a
defendant‟s act was the proximate
cause of a plaintiff‟s harm based on the
determination that the plaintiff‟s harm
could not have occurred but for the
defendant‟s act.
17. Bailee
18. Concurrent causation (concurrent
causation doctrine)
19. A rule used to determine proximate
cause when a plaintiff‟s harm is the
natural and probable consequence of
the defendant‟s wrongful act and when
an ordinarily reasonable person would
have foreseen the harm.
20. Negligence per se
21. Res ipsa loquitur
22. Exclusive control
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Underwriters

5. Defenses Against Negligence Claims—Activities 5
Answers for Activity 1—Describing Negligence Claims
The answer is… What is…
1. Tort
2. An obligation imposed by law for the
preservation of the legally protected
rights of others.
3. The person or entity who files a lawsuit
and is named as a party.
4. The party in a lawsuit against whom a
complaint is filed.
5. Tortfeasor
6. Laws that develop out of court
decisions in particular cases and
establish precedents for future cases.
7. The failure to exercise the degree of
care that a reasonable person in a
similar situation would exercise to
avoid harming others.
8. Contract
9. Statute
10. Reasonable person test
11. Airlines, railroads, or trucking
companies that furnish transportation to
any member of the public seeking their
offered services.
12. The failure to conform to the standard
of care required in the situation.
13. Proximate cause
14. Intervening act
15. A rule used to determine proximate
cause when two parties‟ acts coincide
to cause a loss by determining which
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Underwriters

6. Defenses Against Negligence Claims—Activities 6
act is the substantial factor in causing
the harm.
16. A rule used to determine if a
defendant‟s act was the proximate
cause of a plaintiff‟s harm based on the
determination that the plaintiff‟s harm
could not have occurred but for the
defendant‟s act.
17. Bailee
18. Concurrent causation (concurrent
causation doctrine)
19. A rule used to determine proximate
cause when a plaintiff‟s harm is the
natural and probable consequence of
the defendant‟s wrongful act and when
an ordinarily reasonable person would
have foreseen the harm.
20. Negligence per se
21. Res ipsa loquitur
22. Exclusive control
Defenses Against Negligence Claims
Educational Objective (EO)
Describe these defenses against negligence claims: Comparative negligence, releases and
exculpatory clauses, immunity, statutes of limitations and repose, and tortfeasor's
capacity.
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Underwriters

7. Defenses Against Negligence Claims—Activities 7
Instructions
Note: This activity could be combined with the Describing Negligence Claims
activity, as two rounds in the same Jeopardy game.
Activity 1—Describing Defenses Against Negligence
Claims
Game or Large Group Discussion
This activity is written so that you can present it as a “Jeopardy-style” quiz
game or as a group discussion activity. To present this activity as a game,
divide the participants into small groups to form teams. Read the questions
aloud and then wait for a group leader to provide the correct answer. Assign
one point to teams for correct answers. At the end of the questions, the team
with the most points wins. Note: The answers to the activity are in the form of a
question as required by the Jeopardy quiz show.
Alternatively, divide the participants into small groups. Have the participants
answer the questions in Activity 1—Describing Defenses Against Negligence
Claims.
Debrief:
Review the answers with the group.
Copyright Donna M. Kesot & American Institute For Chartered Property Casualty
Underwriters

8. Defenses Against Negligence Claims—Activities 8
Activity 1—Describing Defenses Against Negligence Claims
The answer is… What is/are….
1. Pure comparative negligence rule
2. A common-law principle that requires
both parties to a loss to share the
financial burden of the bodily injury or
property damage according to their
respective degrees of fault.
3. A local government‟s act that is not
considered part of the business of
government and that could be
performed by a private enterprise.
4. A defense to negligence that grants
immunity to one spouse from the other
spouse‟s lawsuit for torts committed
before, during, and after the marriage.
5. Slight versus gross rule
6. An act or omission that completely
disregards the safety or rights of others
and is exaggerated or aggravated in
nature.
7. Sovereign immunity (governmental
immunity)
8. A reasonable estimation of actual
damages, agreed to by contracting
parties and included in the contract, to
be paid in the event of a breach or for
negligence.
9. Assumption-of-risk defense
10. Contributory negligence
11. Parent-child immunity
12. Release
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Underwriters

9. Defenses Against Negligence Claims—Activities 9
13. A defense that, in certain instances,
shields organizations or persons from
liability.
14. An act, a decision, a recommendation,
or an omission made by a government
official or agency within the authority
of that office or agency.
15. 50 percent comparative negligence rule
16. Statute of limitations
17. A defense to negligence that holds the
party who has the last clear chance to
avoid harm and fails to do so solely
responsible for the harm.
18. A comparative negligence rule that
permits a plaintiff to recover reduced
damages so long as the plaintiff‟s
negligence is less than the other party‟s
negligence.
19. A contractual provision purporting to
excuse a party from liability resulting
from negligent or an otherwise
wrongful act.
20. An act that is directed by law or other
authority and that requires no
individual judgment or discretion about
whether or how to perform it.
21. A statute that requires a plaintiff to file
a lawsuit within a specific time after a
specific event.
22. Governmental function
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Underwriters

10. Defenses Against Negligence Claims—Activities 10
Answers for Activity 1—Describing Defenses Against Negligence
Claims
The answer is… What is/are….
1. Pure comparative negligence rule
2. A common-law principle that requires
both parties to a loss to share the
financial burden of the bodily injury or
property damage according to their
respective degrees of fault.
3. A local government‟s act that is not
considered part of the business of
government and that could be
performed by a private enterprise.
4. A defense to negligence that grants
immunity to one spouse from the other
spouse‟s lawsuit for torts committed
before, during, and after the marriage.
5. Slight versus gross rule 1.
6. An act or omission that completely
disregards the safety or rights of others
and is exaggerated or aggravated in
nature.
7. Sovereign immunity (governmental
immunity)
8. A reasonable estimation of actual
damages, agreed to by contracting
parties and included in the contract, to
be paid in the event of a breach or for
negligence.
9. Assumption-of-risk defense
10. Contributory negligence
11. Parent-child immunity
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Underwriters

11. Defenses Against Negligence Claims—Activities 11
12. Release
13. A defense that, in certain instances,
shields organizations or persons from
liability.
14. An act, a decision, a recommendation,
or an omission made by a government
official or agency within the authority
of that office or agency.
15. 50 percent comparative negligence rule
16. Statute of limitations
17. A defense to negligence that holds the
party who has the last clear chance to
avoid harm and fails to do so solely
responsible for the harm.
18. A comparative negligence rule that
permits a plaintiff to recover reduced
damages so long as the plaintiff‟s
negligence is less than the other party‟s
negligence.
19. A contractual provision purporting to
excuse a party from liability resulting
from negligent or an otherwise
wrongful act.
20. An act that is directed by law or other
authority and that requires no
individual judgment or discretion about
whether or how to perform it.
21. A statute that requires a plaintiff to file
a lawsuit within a specific time after a
specific event.
22. Governmental function 2.
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Underwriters

12. Liability of Landowners or Occupiers of Land—Activities 12
Liability of Landowners or Occupiers of Land
Educational Objective (EO)
Explain how negligence applies to landowners or occupiers of land.
Instructions
Activity 1—Creating a Scenario to Explain How
Negligence Applies to Landowners or Occupiers
Group Activity Followed by Large Group Discussion
Divide participants into small groups and provide each group with a flipchart, if
possible. Ask the participants to develop a brief problem that causes a
landowner or a tenant to be sued.
In the scenario, have groups include sufficient information about the nature of
the injury or damage, what could have caused it, and who the plaintiff is.
Reconvene the large group and have a spokesperson for each group present the
problem the group has created.
Debrief:
After each group presents its scenarios, ask questions for clarification if needed.
Activity 2—Analyzing a Scenario to Explain How
Negligence Applies Landowners or Occupiers
Group Activity Followed by Large Group Discussion
Have participants return to their small groups and „trade‟ problems, so that
group 1 would solve group 2‟s problem, and so on. Ask the small groups to use
the questions in Activity 2—Analyzing a Scenario to Explain Negligence
Application to Landowners or Occupiers to solve the new problem.
Debrief:
Ask each group to present their solutions to the class. Open any resolution up for discussion as
appropriate.
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13. Liability of Landowners or Occupiers of Land—Activities 13
Activity 2—Analyzing a Scenario to Explain Negligence Application
to Landowners or Occupiers
Questions Answers
1. Describe what natural and/or
artificial conditions come in to play
that may affect this claim.
2. Describe the plaintiff‟s role in
entering the property. Were they
considered a licensee, invited guest
or trespasser, and why?
3. What is the degree of duty the
defendant owes to this person, and
why?
4. Describe the circumstances (if any),
under which a hotel operator or
landlord might have a duty to
protect their tenants.
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14. Intentional Torts: Part 1 of 2—Activities 14
Intentional Torts: Part 1 of 2
Educational Objective (EO)
Describe these intentional torts, the circumstances under which they can occur, and
common defenses to them:
Battery
Assault
False imprisonment and false arrest
Intentional infliction of emotional distress
Defamation (libel and slander)
Invasion of the right of privacy
Instructions
Activity 1—Describing Intentional Torts
Group Activity Followed by Large Group Discussion
Divide participants into small groups and provide each group with the Activity
1—Describing Intentional Torts worksheet. Assign the groups one or more of
the intentional torts described in the course materials:
Battery
Assault
False imprisonment and false arrest
Intentional infliction of emotional distress
Defamation (libel and slander)
Invasion of the right of privacy
Ask participants to describe the key elements of their assigned tort(s), including
circumstances under which occurs, common defenses to it, and one or two
practical examples to illustrate them.
Debrief:
When the groups are finished, call on each one to present their findings for the torts assigned to
them. Once all ideas are presented, you may want to compile the answers and follow up by
providing one large sheet as a study aid.
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15. Intentional Torts: Part 1 of 2—Activities 15
Activity 1—Describing Intentional Torts
Intentional Tort Description Defenses Examples
Battery
Assault
False
Imprisonment/Arrest
Intentional infliction of
emotional distress
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16. Intentional Torts: Part 1 of 2—Activities 16
Defamation (libel and
slander)
Invasion of the right of
privacy
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17. Intentional Torts: Part 2 of 2—Activities 17
Intentional Torts: Part 2 of 2
Educational Objective (EO)
Describe these intentional torts, the circumstances under which they can occur, and
common defenses to them:
Fraud
Bad faith, or outrage
Interference with relationships between others
Misuse of legal process
Trespass
Nuisance
Conversion
Instructions
Note: This activity could be combined with Intentional Torts: Part 1
Activity 1—Describing More Intentional Torts
Group Activity Followed by Large Group Discussion
Divide participants into small groups and provide each group with the Activity
1—Describing More Intentional Torts worksheet. Assign the groups one or
more of the intentional torts described in the course materials:
Fraud
Bad faith, or outrage
Interference with relationships between others
Misuse of legal process
Trespass
Nuisance
Conversion
Ask participants to describe the key elements of their assigned tort(s), including
circumstances under which occurs, common defenses to it, and one or two
practical examples to illustrate them.
Debrief:
When the groups are finished, call on each one to present their findings for the torts assigned to
them. Once all ideas are presented, you may want to compile the answers and follow up by
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Underwriters

18. Intentional Torts: Part 2 of 2—Activities 18
providing one large sheet as a study aid.
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Underwriters

19. Intentional Torts: Part 2 of 2—Activities 19
Activity 1—Describing More Intentional Torts
Intentional Tort Description Defenses Examples
Fraud
Bad faith, or outrage
Interference with
relationships between
others
Misuse of legal
process
Trespass
Nuisance
Conversion
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Underwriters

20. Liability in Extraordinary Circumstances—Activities 20
Liability in Extraordinary Circumstances
Educational Objective (EO)
Explain how liability attaches as a result of the unique circumstances presented by the
following:
Ultrahazardous activities
Ownership and/or possession of animals
Escape of toxic substances
Instructions
Activity 1—Developing a Scenario to Explain Liability
Under Unique Circumstances
Large Group Discussion
Lead a class discussion about the different circumstances under which a
defendant can be liable for someone‟s injury, even though he or she was not
negligent.
You may want to begin by asking participants the following questions:
When are activities considered ultrahazardous or abnormally dangerous,
and why?
What are some examples of ultrahazardous activities?
What types of animals cause owners to be absolutely liable for
damages?
Are there any exceptions?
What is toxic tort?
What are some examples of environmental lawsuits?
Debrief:
As each answer is given, write them on a flipchart or board. Review all the examples under
each category with the entire group.
Answers may vary, but could include:
High degree of risk of serious harm; defendant creates an unusual risk in the
community.
Storage and transportation of explosives, blasting, aviation.
Wild animals
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21. Liability in Extraordinary Circumstances—Activities 21
Domestic animals known to be vicious
Several types of tort suits arising from use of toxic substances; liability established by
statute.
Examples if environmental lawsuits: Suit to clean up a waste site, plaintiff sues for
injuries from toxic chemicals.
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Underwriters

22. Products Liability—Activities 22
Products Liability
Educational Objective (EO)
Describe these causes of action for products liability and the possible defenses to them:
Misrepresentation
Breach of warranty
Strict liability and negligence
Instructions
Activity 1—Describing Causes of Action and Defenses in
Products Liability
Small Group or Individual Activity Followed by Large
Group Discussion
Divide participants into small groups. Ask participants to complete Activity
1—Describing Causes of Action and Defenses in Products Liability.
Reconvene as a large group and ask for volunteers to share their memos with
the group.
Alternative: this activity can be assigned as individual pre-work. If used as an
assignment, participants should come prepared to discuss their answers.
Debrief:
Review the answers with the group until all the content has been covered.
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22 Underwriters

23. Products Liability—Activities 23
Activity 1—Describing Causes of Action and Defenses in Products
Liability
Most products liability suits are based on one or more of these legal
principles:
Misrepresentation
Breach of warranty
Strict liability and negligence
Describe each of these legal principles and include definitions of key terms
where applicable. Describe the types of product defects typically cited in
product liability causes of actions, which parties may be liable, and which
parties may be protected.
Finally, discuss the types of defenses that may be used in product liability.
Include definitions of key terms, where applicable.
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23 Underwriters

24. Damages in Tort Suits—Activities 24
Damages In Tort Suits
Educational Objective (EO)
Describe the types of damages a court can award a plaintiff for a tort claim.
Instructions
Activity 1—Playing Jeopardy to Describe Damages in
Tort Suits
Game or Large Group Discussion
This activity is written so that you can present it as a “Jeopardy-style” quiz
game or as a group discussion activity. To present this activity as a game,
divide the participants into small groups to form teams. Read the questions
aloud and then wait for a group leader to provide the correct answer. Assign
one point to teams for correct answers. At the end of the questions, the team
with the most points wins. Note: The answers to the activity are in the form of a
question as required by the Jeopardy quiz show.
Alternatively, divide the participants into small groups. Have the participants
answer the questions in Activity 1—Playing Jeopardy to Describe Damages
in Tort Suits.
Debrief:
Review the answers with the group.
Activity 1—Playing Jeopardy to Describe Damages in Tort Suits
The answer is… What is/are…?
1. Emotional distress
2. A form of compensatory damages that
awards a sum of money for specific,
identifiable expenses associated with
the injured person's loss, such as
medical expenses or lost wages.
3. Exemplary damages
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Casualty Underwriters

25. Damages in Tort Suits—Activities 25
4. A payment awarded by a court to
punish a defendant for a reckless,
malicious, or deceitful act or to deter
similar conduct; need not bear any
relationship to a party's actual damages.
5. Pain and suffering
6. The circumstances under which a court
can award punitive damages.
7. A monetary award to compensate a
victim for losses, such as pain and
suffering, that do not involve specific
measurable expenses.
8. Wrongful death action
9. The compensatory damages to
compensate a plaintiff for any loss of
income directly related to a tort.
10. A statute that preserves the right of a
person‟s estate to recover damages that
person sustained between the time of
injury and death.
11. Three factors considered in assessing
punitive damages.
12. A payment awarded by a court to
indemnify a victim for actual harm.
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Casualty Underwriters

26. Damages in Tort Suits—Activities 26
Answers for Activity 1—Playing Jeopardy to Describe Damages in
Tort Suits
The answer is… What is/are…?
1. Emotional distress
2. A form of compensatory damages that
awards a sum of money for specific,
identifiable expenses associated with
the injured person's loss, such as
medical expenses or lost wages.
3. Exemplary damages
4. A payment awarded by a court to
punish a defendant for a reckless,
malicious, or deceitful act or to deter
similar conduct; need not bear any
relationship to a party's actual damages.
5. Pain and suffering
6. The circumstances under which a court
can award punitive damages.
7. A monetary award to compensate a
victim for losses, such as pain and
suffering, that do not involve specific
measurable expenses.
8. Wrongful death action
9. The compensatory damages to
compensate a plaintiff for any loss of
income directly related to a tort.
10. A statute that preserves the right of a
person‟s estate to recover damages that
person sustained between the time of
injury and death.
11. Three factors considered in assessing
punitive damages.
12. A payment awarded by a court to
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Casualty Underwriters

27. Damages in Tort Suits—Activities 27
indemnify a victim for actual harm.
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Casualty Underwriters

28. Damages in Tort Suits—Activities 28
Liability Concepts Affecting Tort Claims
Educational Objective (EO)
Explain how any of these concepts can affect a tort claim:
Joint tortfeasor's liability
Expanded liability concepts
Vicarious liability
Good Samaritan issues
Class actions and mass tort litigation
Instructions
Activity 1—Explaining Liability Concepts Affecting Tort
Claims
Group Activity Followed by Large Group Discussion
Divide participants into small groups and provide each group with a flipchart, if
possible. Assign the groups one or two of the following concepts:
Joint tortfeasor's liability
Expanded liability concepts
Vicarious liability
Good Samaritan issues
Class actions and mass tort litigation
Ask each group to discuss and compile a brief description of the liability
concept(s) assigned to them, including any key terms. In their summary, they
need to explain how their concepts can impact a tort claim.
Debrief:
When the groups are finished, call on each group in order to present their findings for their
assigned topics.
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Casualty Underwriters