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Legal Principles

The LEGAL PRINCIPLES PROGRAM is the foundation for a thorough understanding of the rules of law that apply to claims. In today's environment of complex litigation, it's essential that every claims professional have a comprehensive working knowledge of claims law principles. The Program is also the first step towards earning a Claims Law Associate designation in Casualty, Property, Workers' Compensation, Fraud, or Automobile.

NOTE: All courses required for Program completion.

110  LAW OF CONTRACTS
(Course Textbook Consists of 184 Pages)
This course will enable the student to understand the fundamental principles of contract law, including offer, acceptance and consideration. Emphasis is placed on the insurance policy as a contract as well as other contracts important to insurance claims work such as releases, assignments, exculpatory and indemnity agreements.

Course Index
1. Basic Concepts 
2. Offer, Acceptance, and Consideration
3. Specific Contracts
4. Contracts Defenses

111 TORT CONCEPTS 
(Course Textbook Consists of 188 Pages)
This course will enable the student to understand the essential elements of tort law, including the concepts of duty, foreseeability, proximate cause, joint tortfeasors, negligence, intent, and liability without fault in terms of common law and statutory modifications.

Course Index
1. Tort Law Fundamentals
2. Intentional Torts 
3. Negligence and Absolute Liability
4. Parties Liable 

112 TORT THEORIES AND DEFENSES 
(Course Textbook Consists of 182 Pages)
This course will enable the student to identify appropriate defenses to common tort theories of liability. Theories covered include premises liability, emotional distress, as well as tort claims against employers and government entities. Also discussed are specific defenses such as assumption of risk, contributory/comparative negligence, inter spousal, and intrafamily immunity.

Course Index
1. Premises Liability 
2. Emotional Distress 
3. Prenatal Injuries
4. Governmental Liability
5. Defenses

113 LAW OF AGENCY
(Course Textbook Consists of 142 Pages)
This course will enable the student to identify an agency relationship and determine the liability of the principal for the agent's acts; understand special circumstances such as independent contractors, joint enterprise, ratification, and the family purpose doctrine; and understand various relationships, rules and defenses that are applied in claims between principal and agent, agent and third parties, and principal and third parties in connection with contract and tort actions.

Course Index
1. Creation and Termination of Agency Relationship
2. Types of Agency Relationships 
3. Authority of the Agent
4. Effect of Agency on Liability of Parties 

114 LAW OF BAILMENTS 
(Course Textbook Consists of 154 Pages)
This course will enable the student to understand the special rules of contract law applied to claims when property is in the care, custody, or control of others; explains pledges, hire of use, custody, and service bailments; describes duties, liabilities and rights of innkeepers, common carriers, and other classes of bailees to the bailor and to third persons.

Course Index
1. Bailments Generally
2. Types of Bailments
3. Innkeepers, Hotels, and Motels
4. Common Carriers

115 LAW OF DAMAGES 
(Course Textbook Consists of 186 Pages)
This course will enable the student to understand the law of damages as it relates to property and casualty claims. Emphasis is placed on evaluation of compensatory damages for property loss and bodily injury. Subjects covered include the claimant's duty to mitigate damages, rules relating to the recovery of punitive damages, application of statutory damage caps, spousal and parent/child consortium, the collateral source rule, and wrongful death claims.

Course Index
1. Damages Fundamentals 
2. Measure of Damages -- Breach of Contract and Property Loss 
3. Measure of Damages -- Bodily Injury 
4. Damages in Death Cases 

116 LAW OF SUBROGATION 
(Course Textbook Consists of 149 Pages)
This course will enable the student to use a knowledge of legal principles for recovery of claim loss payments by way of subrogation and indemnification. The course also explains opportunities for loss sharing through contribution, and the use of arbitration as a means of resolving disputes with other companies.

Course Index
1. Common Law Subrogation
2. Defenses 
3. Types of Subrogation Actions
4. Indemnity and Contribution