2 Determining Existence of Cover Flashcards

1
Q

Claim handling process first step

A

Is claim covered?

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2
Q

Claim handling process

A
  1. Claim covered
  2. TP claims - is insured liable
  3. Value
  4. Settlement
  5. Recoveries
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3
Q

Schedule contains…

A
Policy number
Name
Address
Cover
Period
Excess
Limits
Premium
Endorsements
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4
Q

Which is the most important part of insurance contract?

A

Insuring clause (promise to pay in return for premium payment). In commercial policies there may be more than one insuring clause.

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5
Q

Definition section describes…

A

key terms

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6
Q

Limit of indemnity

A

i.e one loss or aggregate

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7
Q

Deductibles or excess is paid by

A

insured

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8
Q

extensions widen…

A

cover

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9
Q

exclusions narrow..

A

cover

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10
Q

Common exclusions..

A
Fraud
Not fortiutous
Deliberate acts
Other insurance
Criminal fines
Circumstances already known
War, nuclear risk etc
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11
Q

Interpreation section

A

rules of construction

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12
Q

Law

A

Usually England & Wales

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13
Q

Complaints

A

policy contains details of complaint process

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14
Q

Market Reform Contract

A

Share of risk underwriter accepts.

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15
Q

Claims Made

A

Claims only accepted during period of insurance

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16
Q

Claims occurring

A

Claims may take years to come through

17
Q

Notification conditions

A

Sometimes a condition precedent

18
Q

Prompt notification of claim required for:

A

Allow recovery
Minimise loss
Meet court deadlines
Defend claim

19
Q

Kajima v Lloyds

A

Only items notified (not other issues related)

20
Q

HLB Kidson v Lloyds

A

No doubt communication was notification.

21
Q

Aspen v Pectel

A

Real risk claim would be made (Confirmed in Laker Vent v Templeton)