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The course, “Criminal Acts, Terrorism and Liability Claims” is designed to
describe the unique challenges and exposures with litigation arising out of
criminal acts. The module is presented by Bradford S. Purcell, a Partner at
Purcell & Wardrope, Chartered.

Brad Purcell begins by outlining the
evolution of the law of liability for criminal acts, dividing it into the areas
of pre-1960, post-1960, and the 1990s and beyond. He explains the difficulties of
a criminal acts trial and identifies who is potentially liable for criminal acts,
including terrorism. He then reviews the theories of liability against typical
target defendants based on special relationships between the defendant and the
criminal or between the defendant and the plaintiff. He also emphasizes the
effect of foreseeability of the crime establishing a duty on the part of the
defendant, along with the voluntary assumption of duty and the knowledge of
specific criminal tendencies of the criminal. Finally, he evaluates the defenses
available for target defendants.

After completing the course, the attendee
should be able to…

describe the evolution of the law of liability for
criminal acts; outline the difficulties of a criminal acts trial and establish
the basis for liability for criminal acts used by most courts; list the
recognized “special relationships” between the defendant and the criminal and
between the defendant and the plaintiff; note the importance of defendant’s
ability to control the criminal as well as the necessity and opportunity to
exercise such control; describe the steps involved in determining whether the
crime was foreseeable to the defendant; define the ways in which duty may be
established on the part of the defendant; identify the importance of determining
proximate cause; and evaluate the defenses available to the defendant to
challenge the duty owed.

The course is designed for practitioners and
insurance professionals working in the area of casualty insurance coverage and
litigation.

What CE Credit is available?

Note: To qualify for credit, you must submit completion (including a passed final exam if required) within five days of completing the last quiz. No partial credits will be awarded.

State:
Adjuster General
CE Hours:
Adjuster Ethics
CE Hours:
Attorney General
CLE Hours:
State's Course ID:
NH 2.0 482672
TX (classroom equivalent) 1.0 99520
NC 2.0 C95668
FL * ( Provider Number: 364169 ) 2.0 1200489
IL 2.0 621421
WY 2.0 27800
OK 2.0 1028290

* This course has been approved by the Florida Department of Financial Services for insurance continuing education credit.

Course Content

Lesson Content

1) Introduction
2) Topics covered
3) History of the law of criminal acts
a) Before 1960
b) After 1960
c) 1990s and beyond
4) Recap
5) Quiz – Reinforcing Part 1 Materials
a) 5 multiple choice
questions
b) 4 choices per question
c) A second quiz if less than
80% score on first quiz

Lesson Content

1) Difficulties of a “criminal acts” trial
a) Party at fault typically not present
b) Plaintiff typically sympathetic, injured, and not at fault
c) Warning signs more obvious in hindsight
d) Juror’s choice
2) Liability for criminal acts
a) Flowcharts
b) Duty owed
c) Breach of duty
d) Proximate cause
3) “Special relationship” between defendant and criminal
4) Recap
5) Quiz – Reinforcing Part 2 Materials
a) 5 multiple choice questions
b) 4 choices per question
c) A second quiz if less than 80% score on first quiz

Lesson Content

1) Recognized relationships between defendant and criminal

a) Parent and minor child
i) Plaintiff suing parents for criminal acts of their minor
child
ii) Ability to control the perpetrator
iii) Necessity and opportunity to exercise control
b) Property owner and guest
i) While the owner was present on the premises
ii) Ability to control the perpetrator
iii) Necessity and opportunity to exercise control
c) Custodian and the person under his/her custody
i) Who is a custodian?
ii) Ability to control the perpetrator
iii) Necessity and opportunity to exercise control
d) Employer and employee
i) Criminal act within or outside the scope of employment
ii) Ability to control the perpetrator
iii) Necessity and opportunity to exercise control
2) Recap
3) Quiz – Reinforcing Part 3 Materials
a) 5 multiple choice questions
b) 4 choices per question
c) A second quiz if less than 80% score on first quiz

Lesson Content

1) Foreseeability
2) Recognized relationships between defendant and plaintiff

a) Common carrier and passenger
b) Innkeeper and guest
c) Business invitor and invitee
d) Custodian and protectee
3) Relationships that may qualify
a) Landlord and tenant
b) School and student
c) Employer and employee
4) Recap
5) Quiz – Reinforcing Part 4 Materials
a) 5 multiple choice questions
b) 4 choices per question
c) A second quiz if less than 80% score on first quiz

Lesson Content

1) Was the crime foreseeable to the defendant?
a) Geographic proximity of prior crimes
b) Temporal proximity of prior crimes
c) Similarity of crime to prior criminal activity
d) Frequency of crime
2) Establishing duty on the part of the defendant
a) “Special relationships” and foreseeability
b) Other ways to establish duty
i) Voluntary assumption of duty
ii) Knowledge of specific criminal tendencies
3) Recap
4) Quiz – Reinforcing Part 5 Materials
a) 5 multiple choice questions
b) 4 choices per question
c) A second quiz if less than 80% score on first quiz

Lesson Content

1) Challenges to duty owed
a) Defendant-criminal relationship
b) Defendant-plaintiff relationship
c) Voluntary assumption of duty
d) Special circumstances
2) Proximate cause
3) Conclusion
4) Recap
5) Quiz – Reinforcing Part 6 Materials
a) 5 multiple choice questions
b) 4 choices per question
c) A second quiz if less than 80% score on first quiz