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What's a Tort?

A "tort" is a civil wrong, either accidental or intentional, against another which can lead to money damages in a civil claim or suit. Although a tort may also be criminal conduct, the offended party is the victim, not society. Accidental torts involve negligence like car accidents, medical errors, premises defects, nursing home neglect, food poisoning, or failure to use proper care and caution in any undertaking which causes injury to another. Lack of consent to a harmful or offensive touching gives rise to a simple battery. However, a battery may also be an intentional tort. Fraudulent misrepresentation is also considered to be an intentional tort.

Insurance ordinarily covers negligent acts or omissions but does NOT cover Intentional acts. Home Insurance may cover some conduct outside the residence but it must relate somehow. Auto insurance may cover negligent driving by the insured, but also permissible users.

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