Which factor is necessary to establish negligence in an insurance claim?

Establishing negligence in an insurance claim fundamentally requires demonstrating that a legal duty existed and that this duty was breached. In the context of negligence, a legal duty refers to an obligation one party has to another to adhere to a standard of reasonable care. When this duty is breached and results in harm or damages to another party, negligence can be claimed.

The concept of legal duty encompasses various contexts, such as the responsibility of a driver to operate their vehicle safely or a property owner to maintain a hazard-free environment for visitors. When an individual or entity fails to meet this duty, and that failure directly causes an accident or injury, it establishes a strong foundation for a negligence claim.

The other options, such as policy limits, accidental damages, and proof of intentional harm, do not address the essential criteria for negligence. Policy limits refer to the maximum amount an insurer will pay under a policy and do not relate to the determination of negligence itself. Accidental damages merely imply that an incident occurred, but they do not encompass the broader legal framework required. Proof of intentional harm is a separate legal concept related to torts but does not apply to negligence, which is typically unintentional in nature.