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Under joint and several liability or (in the U.S.) all sums, a plaintiff (claimant) is entitled to claim an obligation incurred by any of the promisors from all of them jointly and also from each of them individually. Thus the plaintiff has more than one cause of action: if she pursues one promisor and he fails to pay the sum due, her action is ...
Under joint and several liability, where two or more people create a single injury or loss, all are equally liable, even if they contributed only a small amount. A state court hearing an admiralty case would be required to apply the doctrine of joint and several liability even if state law does not contemplate the concept.
According to the Cato Institute, legal theories of joint and several liability (e.g. under Superfund) and requirements by courts that insurers pay to help polluters clean up their own property (regardless of the insurance contract) have hurt the pollution insurance industry; but nonetheless, the basic idea of pollution insurance remains sound ...
For liability coverage, most insurance professionals advise that you purchase limits higher than state minimum levels to protect yourself against financial strain in the event of an at-fault accident.
Liability coverage also includes property damage liability, which pays for the damages you cause to the other party’s vehicle, as well as for damage you cause to items like fences, buildings and ...
In situations where joint and several liability is engaged, contribution claims between parties are governed by the operation of the Civil Liability (Contribution) Act 1978, but, in addition there remain several equitable principles developed by the chancery division of the English Courts that are thought to remain in effect. [3]
Property damage liability: If you cause an auto accident, your property damage liability coverage is designed to help pay to repair or replace the driver’s vehicle. Damage that you cause to ...
Courts, in the majority, do not apply comparative responsibility to intentional torts. However, some courts apply comparative responsibility to intentional torts. The law and academia on this issue is very complex, but typically support holding intentional tortfeasors in a suit subject to joint and several liability. Further, any negligent ...