Washington State Insurance Practice Exam

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Prepare for the Washington State Insurance Exam. Study with interactive flashcards and multiple-choice questions. Each question offers hints and explanations to help you succeed.

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What does modified comparative negligence stipulate for damage recovery?

Damages are recovered irrespective of plaintiff's fault
Injured party can recover damages if their fault is less than that of the defendant
Injured party can recover damages if they are not 100% negligent
Injured party cannot recover damages at all

The correct answer is: Injured party can recover damages if their fault is less than that of the defendant

Modified comparative negligence stipulates that an injured party can recover damages if their fault is less than that of the defendant. This means that as long as the injured party is found to be less at fault than the defendant, they can still recover damages, although the amount of damages awarded may be reduced in proportion to the party's degree of fault. This is the key principle behind modified comparative negligence, making option B the correct answer. Options A, C, and D are incorrect because they do not accurately reflect the concept of modified comparative negligence. In option A, stating that damages are recovered irrespective of the plaintiff's fault is not aligned with the principles of comparative negligence. Option C's statement that an injured party can recover damages if they are not 100% negligent is too absolute and does not account for the comparison of fault between the plaintiff and defendant. Option D, which suggests that an injured party cannot recover damages at all, is also an inaccurate representation of modified comparative negligence.