Question
Mugbook founder and CEO Freddy Fastlane pulls his beloved pink and white 1959 Ford Fairlane out of the garage of Mugbooks Silicon Valley headquarters. Freddy
Mugbook founder and CEO Freddy Fastlane pulls his beloved pink and white 1959 Ford Fairlane out of the garage of Mugbooks Silicon Valley headquarters. Freddy is late for an important Mugbook business appointment with a high-value client. After the appointment he intends to drive to his multimillion-dollar Portola Valley mega-mansion. Rushing to his appointment and driving above the posted speed limit and only three blocks away from his Mugbook office, Freddy gets into an automobile accident with Lucy Luckless. After colliding with Lucy, Freddy careens out-of-control and hits your friend, former superstar, and fresh out of jail, Lindsay Dopez who is, for the first time in her life, respecting the law and crossing the street at a crosswalk. The accident is clearly Freddys fault. Lucy is not hurt but her $334,409 2021 Ferrari F430 Spider car is demolished. Lindsay is not-so-lucky; she breaks a freshly manicured fingernail and is rushed to Choke Memorial Hospital. Lindsays medical bills total $103,999.99. Lindsay has Last-Gasp Health Care Insurance Company medical insurance.
Lindsays Last-Gasp policy contains a comprehensive subrogation clause. Last Gasp pays all of Lindsays medical bills. Freddy has minimum liability insurance coverage, his insurance declaration page states 15/30/5.
35. If Lindsay sues Freddy, the most Freddys insurance company will pay her is:
a. $104,999.99
b. $ 0 because Freddy was working in his course and scope of employment at Mugbook.
c. $30,000
d. $15,000.
36. The most Freddys insurance company will pay Lucy is:
a. $344,409
b. $5,000
c. $30,000
d. $ 0 because Freddy was working in his course and scope of employment at Mugbook.
37. Suppose that Lindsay refuses to settle for Freddys insurance policy proceeds and personally sues him for damages. The jury awards her a total of $104,000.00. Not considering attorneys fees, calculate the amount Lindsay can expect to keep and why:
a. $103,999.99 -- because that amount constitutes her total damage caused by Freddy
b. $30,000 -- because that is the aggregate amount of money available to Lindsay
c. $0.01 -- because her Last-Gasp insurance policy contains a comprehensive subrogation clause
d. $ 0 because her underinsured motorist coverage is responsible for the damage she suffered
38. Suppose that Lucy and Lindsay want to sue Mugbook for the harm caused by Freddy. What doctrine of law should they rely upon?
a. Respondeat Superior
b. Negligence per se
c. Ultra-hazardous activity
d. Intentional tort
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