Kelly Insurance--Glossary--Legal Terms-A

Legal Terms

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Acceptance.
In insurance acceptance occurs when an applicant for insurance receives his policy from the company and, in the case of general insurance, pays the premium. In Life Insurance, since the initial premium is almost always submitted with the application, issuance of the policy by the company constitutes acceptance.
Action.
A lawsuit involving the right of one party to recover from another person in a court of law.
Action Ex Contractu.
An action or lawsuit based on breach of a promise made in a legal contract. This promise could be expressed or implied.
Action Ex Delicto.
An action in tort involving damages demanded for a breach of a duty.
Additur.
A situation where the court increases a previous jury award.
Administrator.
A person appointed by a court as a fiduciary to settle the financial affairs and the estate of a deceased person.
Affiant.
The person who executes an affidavit.
Affidavit.
A written or printed declaration or statement of fact, made voluntarily and confirmed by the oath or affirmation of the party making it, and taken before an officer having authority to administer such oath.
Affirmed.
When an appellate court declares that a judgment, decree or order is valid and right, and must stand as rendered in the lower court.
Agency.
When one person acts on behalf of another person, an agency is created with the first person being the agent and the second person being the principal. The principal generally can be held responsible for acts of its agents.
Agreement.
One of the elements of a legal contract. When an offer made by one party has been accepted by the other, with mutual understanding by both, an agreement exists.
Alcoholic Beverage Control Laws.
See Dram Shop Laws.
Alcoholic Beverage Liability Insurance.
See Dram Shop Liability Insurance.
Annul.
To make or declare void or invalid; such as invalidating a contract of marriage.
Answer.
A statement made by the defendant in response to a complaint or action which has been brought against the defendant. It states why the defendant should not be held liable.
Appeal.
**The right of a party who has received an adverse decision to take the case to a higher court for review.
Appellant.
The person making an appeal to the higher court.
Appellate.
Refers to courts which hear appeals for review of decisions rendered by a lower court.
Appellee.
Also called the respondent. The person to whom the appellant is making his or her appeal.
Arson.
The willful and deliberate burning of property.
Assignee.
A person to whom policy rights are assigned in whole or in part by the original policy owner.
Assignment.
Transfer by the policy owner of legal rights or interest in the policy contract to a third party. Most policies cannot be assigned without the permission of the insurer.
Assumption of Risk.
One of the common law defenses available to an individual. For instance, one person riding with another in an automobile has generally "assumed the risk" and, therefore, has no action against the driver of the vehicle should an accident occur. This is a common law concept and has been modified by recent case law and by statute in some jurisdictions.
Attachment.
A court order allowing one person to take something of value belonging to another into custody for a particular purpose. As an example, if an individual is at fault in an automobile accident, the insured person may get a court order attaching the first individual's automobile in settlement of the claim. The purpose of the attachment is to make sure something of value is available to settle the claim if the individual is held liable.
Attractive Nuisance.
The law states that an individual owes no duty of care to someone trespassing upon that individual's property. This is an exception to that rule since it does state that a special duty of care is required of a person with respect to conditions which attract children.