Derivative Liability

Derivative Liability

Derivative liability means—

(a) a vicarious liability (including a partner’s liability for the act or omission of another member of the partnership); or

(b) a liability of a person who is subject to a non-delegable duty of care for the act or omission of another that places the person in breach of the non-delegable duty; or

(c) if an insurer or indemnifier is directly liable to a person who has suffered harm for the act or omission of a person who is insured or indemnified against the risk of causing the harm—the liability of the insurer or indemnifier; or

“harm” includes loss of life, personal injury, damage to property, economic loss and loss of any other kind (whether the harm is primary or derivative);