physical loss legal definition

“Serious physical injury” means physical injury which creates a substantial risk of death, or which causes death or serious and protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of any bodily organ. Personal property, in its most general definition, can include any asset other than real estate. Question: In Texas, the legal definition of intoxication is _____ % BAC, or any amount which results in loss of normal use of mental or physical faculties. Threat of harm generally involves a perception of injury. 0.18% B. Business insurance policies will usually specify that they cover "direct losses" and “physical loses” in the case of damage caused by a disaster. Mental pain and suffering includes things like mental anguish, emotional distress, loss of enjoyment of life, fear, anger, humiliation, anxiety, and shock. The insurer argued that Sombrero’s loss of the permit to operate a nightclub constituted the loss of intangible property, not physical property damage. 1988); Terminix Int’l, Inc. v. Mental pain and suffering includes things like mental anguish, emotional distress, loss of enjoyment of life, fear, anger, humiliation, anxiety, and shock. Harm is physical or mental damage, an act or instance of injury, or a material and tangible detriment or loss to a person. Mental pain and suffering is basically any kind of negative emotion that an accident victim suffers as a result of having to endure the physical … Following cross-motions for summary judgment on the issue, the court rejected the insurer's traditional definition of "physical damage" and accepted Ingram's "broader definition" which included "loss of use and functionality." The words can appear in contract works material damage policies or general liability policies. definition. — when a thing perishes as when a house is burned and reduced to ashes; or (2) Legal loss. The Court therefore held that these words strongly suggested that "loss" was intended to have a physical aspect. Direct Physical Loss or Damage. Damages 3. This program will be of use to risk managers, general counsel, CFOs or controllers who are responsible for risk management or insurance, and brokers. Special damages are those which actually were caused by the injury and include medical and hospital bills, ambulance charges, loss of wages, property repair or replacement costs, or loss of money due on a contract. Threat to humiliate, disgrace, or cause a scandal about, the other party, or his family. Islands, physical discipline of a child, as long as it is reasonable and causes no bodily injury to the child, is an exception to the definition of abuse. A direct physical loss ‘contemplates an actual change in insured property then in a satisfactory state, occasioned by accident or other fortuitous event directly upon the property causing it … It may define 'physical loss or damage'. Homeowner Insurance typically covers “direct physical loss or damage” to the insured property. Direct Physical Loss Of Or Damage To Covered Property The case that we've seen most cited by policyholders, in support of an argument that the presence of the coronavirus in a structure satisfies the "direct physical loss of or damage to" requirement is Gregory Packaging, Inc. v. Travelers Property and Casualty Company of America , No. Hearing loss is defined as an unaided, measured, bilateral, pure-tone hearing loss at frequencies of 500, 1000, and 2000 hertz averaging 40 decibels (dB) or more in the better ear on the most recent audiological evaluation conducted by a qualified professional. This means that the burden is on the policyholder to prove that the property (or in the case of civil authority, property in the vicinity) has sustained physical loss or damage. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. A direct loss refers to physical or financial loss or injury as a direct result of an unbroken chain of events or a proximate cause that led to a risk covered by an insurance policy. Open questions about coverage surrounding the coronavirus may well turn on the definition of physical damage and whether the virus or its presence meets that threshold, legal … Threat to have someone else criminally prosecuted, or sued in civil court. In addition, the specific perils of earthquake and flood are automatically added by endorsement. Want to thank TFD for its existence? California provides a clear and concise definition of “direct physical loss.” A direct physical loss occurs when a “change in insured property [that was originally] in a satisfactory state,” is damaged by an accident or other fortuitous event which causes the property to become “unsatisfactory for future use absent repairs.” Damage definition is - loss or harm resulting from injury to person, property, or reputation. Most property insurance policies require “physical loss or damage” to insured property as a threshold requirement for coverage. The requirement that the loss or damage be "physical" therefore has been found to preclude coverage for losses that are solely intangible or incorporeal; for example, an economic loss unaccompanied by a distinct physical alteration to property. A Commercial General Liability (CGL) policy protects your business from financial loss should you be liable for property damage or personal and advertising injury caused by your services, business operations or your employees. Insurance is a means of protection from financial loss. 27. [I]n a suit on a policy insuring for ‘direct loss’ caused by the named peril, a proper definition of proximate cause would be that cause which in a natural and continuous sequence unbroken by any new and intervening cause, produces a loss, and without which the loss would not have occurred. How to use damage in a sentence. n. the amount of money which a plaintiff (the person suing) may be awarded in a lawsuit. This is a form of loss suffered by a claimant that is not consequential due to a result of physical damage to a person or property. In brief - Meaning of "physical damage" and "loss of use" are not as obvious as they sound. The word “physical” means having “material existence” – something tangible and capable of being perceived by the sense of touch. Courts cite the “widely accepted definition” of physical damage to property as a “distinct, demonstrable, and physical alteration” of its structure, e.g., visible damage resulting from fire or water. Affidavit Of Loss: A written statement declaring the physical loss of a security - usually through theft or destruction by fire/flood. For example, you will often hear the words “custody” and “visitation” being used in separation and divorce cases. Faculty Information. A person whose spouse has been injured due to a car accident may claim for loss of consortium damages if his or her partner cannot participate in sexual relations temporarily or permanently. This section helps you understand some legal words that are used in family court to describe the sharing of parenting responsibilities. (which the insurer promises to pay) is the difference in the value of the property before the loss and the value of the property after the loss. It also covers goods that your company has accepted responsibility to insure under a formal consignment agreement. Loss in civil law may be: (1) Physical loss. In the underlying case pending in the Southern District of Florida, Mama Jo’s, Inc. v. Sparta Ins. Compensatory damages are awarded in civil court cases where loss … Compensatory damages are money awarded to a plaintiff to compensate for damages, injury, or another incurred loss. “Child custody” refers to … One court has held that a direct physical loss “contemplates an actual change in insured property then in a satisfactory state, occasioned by accident or other fortuitous event directly upon the property causing it to become unsatisfactory for future use or requiring that repairs be made to make it … The presence of radon gas, lead paint or asbestos in the dwelling on the Property shall not be deemed to be Physical Damage. Physical Damage means direct and accidental physical loss of or damage to the Aircraft, hereinafter called loss, but does not include loss of use or any residual depreciation in value, if any, after repairs have been made. Recently, another court determined that the requirement for "direct physical loss or damage" was met in the absence of tangible injury when government regulations … 1. 1 Under definition of "possess," proof of physical control does not involve same attributes of dominion and control required to prove constructive possession. The definition of “property damage” was the one frequently seen in CGL policies: “a. Physical harm, defined as pain, injury, illness or impairment caused by another, could be avoided by collecting adequate information and removing risky individuals. Physical or functional loss of one or both eyes; Total or partial hearing loss in one or both ears; and. Damages. In 2015, there was a major decision from the Georgia Supreme Court that seemed to sweep aside the notion that to trigger the pecuniary loss rule, the plaintiff had to suffer economic harm other than the medical bills they incur for suffering from depression or other mental harms. 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