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Please answer the following questions Case Facts: Jerry and Anna Duncan owned a 2000 Ford Expedition manufactured by the Ford Motor Company. The vehicle was
Please answer the following questions
Case Facts: Jerry and Anna Duncan owned a 2000 Ford Expedition manufactured by the Ford Motor Company. The vehicle was purchased from a local dealer, Foster Ford. The Duncans parked the vehicle in the garage at their home. The Expedition caught on fire, which spread to the garage and the rest of the home. The home was determined to be a total loss. The Duncan's are pursuing a claim against the Ford Motor Company and the Ford Dealer claiming that the Expedition was defective and that neither had warned them about the defect that caused the fire. They claim that a faulty cruise control was what caused the fire. They had knowledge of a recall notice but had done nothing to remedy the defect. The Ford Motor Company admitted that the vehicle was subject to a recall - but that recall was related to a speed control deactivation switch which did not cause the fire. They argued that the fire occurred for some other reason. The Duncan's estimate that the loss of their home and their belongings totaled over $650,000. They are also alleging that neither the Ford Motor Company nor the Dealer adequately warned or communicated to them or other consumers that there was a defect in this product that could cause considerable harm to life and/or property. Questions: a. What is the basis for legal liability? b. What is the duty owed and who owes the duty? c. Are there differences in the duty owed? d. What factors and/or defenses exist for the defendant for the claims made by the Duncans? e. What is your assessment of fault? (use \% if appropriate) f. What type of damages do you think are owed to the Duncans? g. Is this loss covered by the CGL? If so, what coverage part and why? A company is insured under two CGL policies, both of which are considered primary insurance. The each occurrence limit under policy A is $500,000 and $2,000,000 under policy B. The company was held to be legally liable for $1,000,000 in damages arising from one occurrence. a. Under the contribution by equal shares method, how much would each insurer contribute to fulfill the claim? b. If the other insurance condition does not permit contribution by equal shares but rather contribution by limits, how much would each insurer contribute to fulfill the claim? 14. 4 Points Explain the differences between an occurrence policy and a claims made policy. 15. 4 points When presented with a claim under the CGL form, what steps would you take to determine if the loss is covered? 16. 4 points A company intended to sell a high end refrigerator which included French doors, external water and ice dispenser for $10,499 but mistakenly advertised it for $8,449. The company honored the adfyertising price and sustained a loss of $2,050. The company has an unendorsed CGL policy. The company intends to file a claim for this loss with its insurer. Is this a covered loss? Explain your answer referring to the coverage involved, insuring agreement and any exclusions that may apply Step by Step Solution
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