Accident and health insurance - Insurance under which benefits are payable in case of disease, accidental injury, or accidental death. Also called health insurance, personal health insurance, sickness and accident insurance.

Accidental bodily injury - A bodily injury which is not intentionally self inflicted.

Accidental death benefit - A form of insurance that provides payment if death of the insured results from an accident, subject to the conditions of the specific policy. Accidental death insurance is often combined with dismemberment insurance in a form called Accidental Death & Dismemberment (AD&D).

Accidental direct physical loss (ADPL) - Property insurance that covers an insured against essentially all perils except those specifically excluded.

Accumulation account - An account to which funds are added and from which risk charges are deducted. The balance earns interest.

Acquired brain injury - An acquired brain injury is one that is not congenital, meaning that it occurred at a specific time after birth. Acquired brain injury may be the result of physical trauma or various medical conditions.

Act of God - An occurrence which results from natural causes without any human intervention and could not have been prevented by reasonable care or foresight (e.g., flood, lightning, earthquake, hurricane).

Action: Proceeding taken in a court of law. Synonymous with case, suit, lawsuit. 

Additional Insured: A person other than the named insured or covered person who is protected under the named insured’s auto policy.

Adjudication: A judgment or decree.

Adversary system: Basic U.S. trial system in which each of the opposing parties has opportunity to state his viewpoints before the court. Plaintiff argues for defendant's guilt (criminal) or liability (civil). Defense argues for defendant's innocence (criminal) or against liability (civil).

Affidavit: A written declaration under oath

Affirm: The assertion of an appellate court that the judgment of the lower court is correct and should stand.

Aggregate Limit - The maximum amount that could be paid under the coverage regardless of the number of people injured or the number of items damaged.

Allegation: A declaration of a party to an action made in a pleading, stating what he expects to prove.

Alleged: Stated; recited; claimed; asserted; charged.

Answer: A formal response to a claim, admitting or denying the allegations in the claim.

Anti-Theft Device: Devices designed to reduce the chance an auto will be vandalized or stolen, or assist in its recovery. Includes car alarms, keyless entry, starter disablers, motion detectors, parts of the vehicle etched with the Vehicle Identification Number, and recovery systems.

Anoxic brain injury - An anoxic brain injury is when a brain does not receive adequate oxygen, usually resulting from a serious accident where heavy bleeding occurs.

Aphasia - Aphasia is a language disorder which is caused by injury to the brain, specifically the cerebral cortex. This disorder causes a person to have difficulty understanding or verbally communicating spoken language.

Appeal: Review of a case by a higher court.

Appearance: The formal proceeding by which a defendant submits to the jurisdiction of the court.

Arbitration: The hearing and settlement of a dispute between opposing parties by a third party whose decision the parties have agreed to accept. 

Assigned Risk: A risk not ordinarily acceptable to insurers which is, according to state law, assigned to insurers participating in a plan in which the insurers agree to accept their share of these risks.

Ataxia - Ataxia is a disorder where a person has difficulty with muscle coordination, which is caused by injury to the cerebellum.

At issue: The time in a lawsuit when the complaining party has stated his claim and the other side has responded with denial and the matter is ready to be tried. 

Automobile Insurance: A form of insurance that protects against losses involving autos. Examples of coverage types include: bodily injury liability, property damage liability, medical payments, and collision and comprehensive coverage for physical damage to the insured's vehicle.

Axonal Diffuse injury - An individual who suffers from a contusion may also experience a diffuse axonal injury, which happens when certain nerves in the brain tissue are damaged. Injury to these axon nerves may cause the victim to fall into a vegetative state and can cause death.

Bacteria - Tiny, one-celled microorganisms found in the environment. Bacteria multiply rapidly in food under the right conditions, and some bacteria can cause foodborne illness. Helpful bacteria can be used to make yogurt, vinegar and some cheeses.

Basic Limits of Liability: The least amount of liability coverage that can be purchased. In determining rates, a carrier will use the basic limits to develop the base rates. If an insured person wants higher limits, the carrier applies an increased limits factor to the base rate in calculating the new premium for the increased coverage.

Best evidence: Primary evidence; the best evidence which is available; any evidence falling short of this standard is secondary

Bodily Injury Liability - Protects the insured as the owner or driver of a vehicle for all sums, up to the policy limits, which the insured becomes legally obligated to pay because of bodily injury to an injured third party. This coverage also pays defense costs against unwarranted legal actions. Bodily Injury Liability limits are usually split with the first figure limiting payment to a single person per accident, and the second limiting payment in total for all persons injured.

Brain stem - The brain stem controls many important functions of the body including sexual functions and physical growth. The brain stem can be found at the base of the brain.

Brief: A legal document, prepared by an attorney which presents the law and facts supporting his client's case 

Burden of proof: Measure of proof required to prove a fact. Obligation of a party to probe facts at issue in the trial of a case.

Calendar: List of cases arranged for hearing in court.

Caption: The caption of a pleading, or other papers connected with a case in court, is the heading or introductory clause which shows the names of the parties, name of the court, number of the case, etc.

Carbon Monoxide Poisoning - When a person is exposed to this odorless and colorless chemical may suffer from brain damage due to the brain's lack of oxygen and in severe cases may die.

Case: Any proceeding, action, cause, lawsuit or controversy initiated through the court system by filing a complaint, petition, indictment or information. 

Caseload: The number of cases a judge handles in a specific time period.

Catastrophic injury - A catastrophic injury is an extremely serious injury that may result in permanent disability, long lasting medical conditions, and a shortened life expectancy. It typically affects at least one system of the body and is very painful.

Cause of action: A legal claim.

Cerebellum - This part of the human brain controls the movement of arms and legs, balance, body position, and posture is positioned under the cerebrum.

Cerebral hemisphere - The cerebral hemisphere is either the right or left side of the cerebrum.

Cerebrum - This is the largest part of the human brain. It controls behavior, emotions, language, vision, and other important functions of the body.

Certiorari: Procedure for removing a case from a lower court or administrative agency to a higher court for review. 

Challenge for cause: A request by a party that the court excuse a specific juror on the basis that the juror is biased.

Citation: Summons to appear in court. 2. Reference to authorities in support of a legal argument.

Civil law: All law that is not criminal law. Usually pertains to the settlement of disputes between individuals, organizations or groups and having to do with the establishment, recovery or redress of private and civil rights. 

Claim: The assertion of a right to money or property. 

Clerk of the court: An officer of a court whose principal duty is to maintain court records and preserve evidence presented during a trial.

Closed head injury - A closed head brain injury is when there is trauma to the brain that does not result in a skull fracture.

Closing argument: The closing statement, by counsel, to the trier of facts after all parties have concluded their presentation of evidence. 

Collision Insurance: This covers loss to the insured person's own auto caused by its collision with another vehicle or object.

Code: A collection, compendium or revision of laws systematically arranged into chapters, table of contents and index and promulgated by legislative authority. 

Coma - A coma is a period of unconsciousness which may occur following a traumatic brain injury.

Commit: To lawfully send a person to prison, a reformatory or an asylum 

Common law: Law which derives its authority solely from usage and customs of immemorial antiquity or from the judgments and decrees of courts. also called "case law." 

Comparative negligence: Negligence of a plaintiff in a civil suit which decreases his recovery by his percentage of negligence compared to a defendant's negligence.

Competency: In the law of evidence, the presence of those characteristics which render a witness legally fit and qualified to give testimony.

Complaint: In a civil case, it is the initial document entered by the plaintiff which states the claims against the defendant.

Comprehensive Coverage - (Other than Collision) is sometimes referred to as "Fire and Theft". This is, essentially, loss to your vehicle caused by other than collision. This includes coverage against perils such as hitting an animal, vandalism, riots, floods, wind and hail, as well as fire and theft, and glass breakage.

Contempt of court: Any act that is meant to embarrass, hinder or obstruct a court in the administration of justice. Direct contempt is committed in the presence of the court; indirect contempt is when a lawful order is not carried out or refused.

Continuance: Adjournment of the proceedings in a case from one day to another. 

Corroborating evidence: Evidence supplementary to that already given and tending to strengthen or confirm it.

Costs: An allowance for expenses in prosecuting or defending a suit. Ordinarily does not include attorney's fees.

Counter claim: Claim presented by a defendant in opposition to, or deduction from, the claim of the plaintiff. 

Court: Place where justice is administered. 

Court administrator: Manager of administrative, non judicial affairs of the court. 

Court commissioner: A judicial officer at both trial and appellate court levels who performs many of the same duties as judges and justices. 

Court of appeals: Intermediate appellate court to which most appeals are taken from superior court. 

Court superior: State trial court of general jurisdiction. 

Court supreme: "Court of last resort." Highest court in the state and final appellate court. 

Courts of limited jurisdiction: Includes district, municipal and police courts. 

Comprehensive Coverage: Covers damage to a vehicle caused by an event other than a collision or overturn. Examples include fire, theft, vandalism, and falling objects.

Criminal law: Body of law pertaining to crimes against the state or conduct detrimental to society as a whole. Violation of criminal statues are punishable by law. 

Cross examination: The questioning of a witness by the party opposed to the one who produced the witness.

Contrecoup - A contrecoup is a contusion that results when the head is forcefully shaken and the brain comes into contact with the skull. This condition has been seen in cases of head trauma and Shaken Baby Syndrome.

Contusion - A contusion is when brain tissue becomes swollen and bruised. Blood vessels may break, causing the blood to mix with the swollen tissue.

Cross-contamination - The transfer of harmful bacteria from one food to another. Harmful bacteria can not only be transferred from food to food, but also from hands to food.

Depressed skull fracture - A skull fracture where one or more parts of the skull break and come into contact with the brain.

Direct Loss - The immediate reduction in value arising from damage to property.

Damages: Compensation recovered in the courts by a person who has suffered loss, detriment or injury to his/her person, property or rights, through the unlawful act or negligence of another.

De novo: "Anew." A trial de novo is a completely new trial held in a higher or appellate court as if the original trial had never taken place.

Declamatory judgment: A judgment that declares the rights of the parties on a question of law.

Decree: Decision or order of the court. A final decree completes the suit; an interlocutory decree is a provisional or preliminary decree which is not final.

Deductible: The amount an insured person must pay before the insurance company pays the remainder of each covered loss, up to the policy limits.

Default: A failure of a party to respond in a timely manner to a pleading; a failure to appear for trial.

Defendant: In a civil case, such as an car accident lawsuit, the defendant is the person against whom a civil action is brought.

Defense attorney: The attorney who represents the defendant.

Deposition: Sworn testimony taken and recorded in an authorized place outside of the courtroom, according to the rules of the court.

Direct examination: The questioning of a witness by the party who produced the witness.

Discovery: A pretrial proceeding where a party to an action may be informed about (or "discover") the facts known by other parties or witnesses.

Dismissal with prejudice: Dismissal of a case by a judge which bars the losing party from raising the issue again in another lawsuit.

Dismissal without prejudice: The losing party is permitted to sue again with the same cause of action.

Disposition: Determination of a charge; termination of any legal action.

Dissent: The disagreement of one or more judges of a court with the decision of the majority.

Docket: Book containing entries of all proceedings in a court.

Due process: Constitutional guarantee that an accused person receive a fair and impartial trial.

En banc "On the bench." All judges of a court sitting together to hear a case.

Enjoin: To require a person to perform, or abstain or desist from some act.

Evidence: Any form of proof legally presented at a trial through witnesses, records, documents, etc. 

Exception: A formal objection of an action of the court, during the trial of a case, in refusing a request or overruling an objection; implying that the party excepting does not acquiesce in the decision of the court and will seek to obtain its reversal. 

Exhibit: Paper, document or other object received by the court as evidence during a trial or hearing.

Expert evidence: Testimony given by those qualified to speak with authority regarding scientific, technical or professional matters.

Fair Preponderance: Evidence sufficient to create in the minds of the triers of fact the belief that the party which bears the burden of proof has established its case. 

Felony: Crime of grave nature than a misdemeanor. 

Fine: A sum of money imposed upon a convicted person as punishment for a criminal offense. 

File: "To file" a paper is to give it to the court clerk for inclusion in the case record.

Foodborne Illness - Sickness that results in a variety of various discomforts that occur from the consumption of food containing organisms or pathogens in the form of bacteria, viruses or parasites. The food is typically infected because it has been improperly stored, prepared, or mishandled in some manner.

Hazard - Anything that increases the chance of an accident. (e.g. icy pavement or fog would be applicable).

Hearing: An in-court proceeding before a judge, generally open to the public.

Hearsay: Evidence based on what the witness has heard someone else say, rather than what the witness has personally experienced or observed.

Hit and Run: An accident caused by someone who does not stop to assist or provide the required and necessary information.

Inadmissible: That which, under the established rules of evidence, cannot be admitted or received. 

Induction: Writ or order by a court prohibiting a specific action from being carried out by a person or group. 

Injure: Hurt or harm; violate the legal rights of another person. 

Instruction: Direction given by a judge regarding the applicable law in a given case.

Interrogatories: Written questions developed by one party's attorney for the opposing party. Interrogatories must be answered under oath within a specific period of time.

Judgment: Final determination by a court of the rights and claims of the parties in an action.

Lapse in Coverage/Policy Lapse: A point in time when a policy has been canceled or terminated for failure to pay the premium, or when the policy contract is void for other reasons.

Lawsuit: A civil action; a court proceeding to enforce a right (rather than to convict a criminal). 

Lawyer: A person licensed to practice law; other words for "lawyer" include: attorney, counsel, solicitor and barrister.

Liability - This means that a person (or group of people) is legally responsible, or liable, for the injury or damage suffered by another person (or group of people).

Litigant: One who is engaged in a lawsuit. 

Litigation: A law suit.

Misdemeanor: Criminal offenses less than felonies; generally those punishable by fine or imprisonment of less than 90 days in a local facility. A gross misdemeanor is a criminal offense for which an adult could be sent to jail for up to one year, pay a fine up to $5,000 or both. 

Mistrial: Erroneous or invalid trial. Usually declared because of prejudicial error in the proceedings or when there was a hung jury. 

Mitigating circumstances: Those which do not constitute a justification or excuse for an offense but which may be considered as reasons for reducing the degree of blame. 

Motion: Oral or written request made by a party to an action before, during or after a trial upon which a court issues a ruling or order. 

Moot: Unsettled; undecided. A moot point is one not settled by judicial decisions.

Mercury poisoning - Exposure to Mercury, a colorless and odorless chemical, can lead to Mercury poisoning causing brain damage, respiratory problems, shaking, and memory loss.

Open head injury - An open head brain injury, also know as a penetrating head injury, is an occurrence where a foreign object breaks through the skull and punctures the brain.

Pesticides - These chemicals are used to kill weeds and insects, and may cause a variety of physical ailments, including brain damage.

Potentially hazardous food - Moist, high-protein, low acid foods that consist, in whole or in part, of milk or milk products, shell eggs, meats, poultry, fish, shellfish, baked or boiled potatoes, tofu and other soy-protein foods, plant foods that have been heat-treated, raw seed sprouts, or synthetic ingredients.

Salmonellosis - Infection with Salmonella species. Found in meat, poultry, egg or milk products.

Skull fracture - A skull fracture is a break or split in the skull, as the result of trauma to the head.

Solvents - These are dangerous chemicals that can be found in paint and glue that when inhaled, may cause a variety of medical conditions including brain damage.

Staphylococcus - Toxin produced by certain strains of Staphylococcus aureus; often found in custard or cream-filled baked goods, ham, poultry, eggs, potato salad, cream sauces, sandwich fillings.

TPA - third party administrator.

Target risk -
(1) A large risk that attracts unusually keen competition among insurers, agents or brokers, or
(2) A large, hazardous risk for which insurance is difficult to place.

Temporary insurance agreement - A separate contract included with a life insurance application providing coverage to eligible proposed insureds during underwriting, which ends when the application is issued or declined.

Term - Generally, the period of time for which a policy or bond is issued.

Term insurance - A type of life insurance policy that provides protection for a specified time period; most do not have cash value.

Theft - The willful taking of one person?s property by another, wrongfully. To recover indemnity, an intent permanently to deprive the owner of his/her property need not be established for there to be a theft under the policy.

Third party (under a liability insurance policy) - A person, not a party to the insurance contract, who has an alleged or actual claim for injury or damage against the person insured under the policy.

Total disability - Frequently defined as the inability to perform any of the duties of one?s occupation.

Toxoplasma gondii - Parasitic infection caused by contamination from rat, rodent or bird feces; litter boxes.

Traumatic brain injury - A traumatic brain injury is caused by trauma to the head, affecting one or more areas of the brain. This includes injuries from your head hitting an object or an object penetrating your skull.

Trust agreement - A supplemental settlement agreement which distributes the proceeds in a special way, much as a regular fiduciary trust does. Insurance companies cannot enter into trust agreements.

Trustee - A person appointed to manage the property of another.

Twisting - The practice of inducing a policy owner in one company to lapse, forfeit, or surrender a policy for the purpose of taking out a policy in another company. It is a crime in all states and is typically classified as a misdemeanor.

UL - Underwriters Laboratories, Inc.

Umbrella policy - A liability insurance policy that takes over where basic liability insurance policies leave off. An umbrella policy usually has a liability limit of $1 million or more, which is added on top of the limit for any other policy, such as a home owners policy that covers liability.

Underlying limits - The limits of liability of the policy(ies) underlying an umbrella or excess policy.

Underwriter - In short, one who underwrites. An underwriter decides whether to accept or reject applications based on the insurer?s written standards, and their own experienced judgment. An agent is often referred to as a ?field underwriter.?

Underwriting - A systematic process for evaluating risks. It involves evaluating, selecting, classifying and rating each risk, and establishing the standards of coverage and amount of protection to be offered to each acceptable risk.

Unearned premium - That portion of the premium which has not yet been earned and which is consequently owed to the policyholder if the policy is canceled.

Unfair trade practices - Practices that constitute unfair methods of competition or unfair or deceptive acts or practices. They include misrepresentation, twisting, rebating, deceptive or false advertising, inequitable claim settlement, and unfair discrimination.

Uniform simultaneous death act - The act which states that, when an insured and beneficiary die at the same time, it is presumed that the former (the insured) survived the latter.

Universal life - A life policy that has flexible premiums and death benefits. Premiums are paid into an interest-bearing account from which maintenance fees, if any, and costs of insurance are deducted.

Use and occupancy insurance - Protection against actual loss sustained, including loss of net profits and such fixed charges and expenses as must continue during enforced disruption of manufacturing and business operations caused by fire or other contingencies insured against.

V&MM - See vandalism and malicious mischief.

VIN - vehicle identification number.

Value Added - Products and services products and services provided to make our customers' lives easier.

Valued policy - A form of policy in which the amount of indemnity to be paid in case of loss is fixed by the terms of the policy itself and does not depend on adjustment. This should not be confused with a stated value policy.

Vandalism and malicious mischief (V&MM) - Willful physical injury to or destruction of property.

Variable annuity - Similar to a traditional fixed annuity. Retirement payments will be made periodically to the annuitants, usually over the remaining years of their lives. Under the variable annuity, there is no guarantee of the dollar amount of the payments. Payments will fluctuate up and down in accordance with the value of an account invested primarily in common stocks.

Variable life insurance - A policy in which the death benefit and cash surrender values vary according to the investment experience of a separate investment account.

Viatical settlement - A settlement that enables a person facing terminal illness to sell a life insurance policy for cash to a third party (i.e., a viatical settlement company), who then becomes the beneficiary of the policy upon the death of the policyholder.

Vicarious liability - Under certain circumstances, a person is liable for the actions of (or damage done by) someone else. For example, if the owner of an automobile gives permission to a friend to drive an automobile, and the friend negligently causes an accident, the owner can be held liable.

WC - See workers? compensation.

WIIS - Western Insurance Information Service.

Waiver - The voluntary surrender of a known right.

Waiver of premium provision - A provision in a life insurance policy wherein the coverage continues without further premium payments (premiums coming due are waived) if the insured becomes disabled as defined in the policy.

War clause - A clause in an insurance contract relieving the insurer of liability, or reducing its liability, for specified loss caused by war.

Warranty - A statement made by the applicant which becomes a condition of issuance of the contract. Strictly speaking, a false warranty voids the policy even if it is not material. In practice, U.S. courts are inclined to be lenient towards a policyholder who has made a false warranty which does not materially affect the risk, but British courts still insist upon the truth of warranties.

Whole life - A traditional type of life policy (not universal or variable) which provides coverage for the ?whole life? of the insured, rather than for a specific term period. The proceeds are paid at the insured?s death or at the age specified in the policy, usually age 100 or more, when the insured survives that long.

Workers compensation - The benefits (weekly payments for medical and hospital bills) which an employer is bound by law to provide for his/her employees who are injured on the job, regardless of fault. Every state in the U.S.A. now has a workers? compensation law. These laws vary in detail, but the general intent is the same, namely to make sure that an employee, who is disabled through his/her work, shall not become a public charge.