Which factor is NOT considered when determining negligence on the part of the insured?

In the context of determining negligence, understanding the elements involved is key. The most fundamental factors considered are whether there was a legal duty owed, whether there was a breach of that duty, the proximate cause linking the breach to the damages suffered, and the presence of actual damage.

When evaluating these components, the existence of a legal duty is crucial, as it establishes the obligation to act (or refrain from acting) in a certain way toward others. A breach occurs when this duty is not met. Proximate cause refers to the direct link between the breach and the resulting damages, and finally, damages reflect the actual harm or injury experienced.

The choice that is not typically considered a factor in determining negligence refers to a breach of protection, which may be misleading in the context of legal liability. While breaches of duty are central to negligence claims, the phrasing of "breach of protection" might imply a misunderstanding of how duties are framed in legal discussions. Instead, negligence is assessed through the clearer lens of duty, breach, cause, and damages.