all studies Flashcards

1
Q

Scheduled coverage.

A

Only the property specifically listed or scheduled on the policy is insured

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2
Q

Property of Every Description (POED) coverage

A

Building, Stock and Equipment are insured under a single limit of insurance.

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3
Q

All Property (Blanket) coverage

A

All property owned by the insured is covered or “blanketed” by a single limit of insurance. (May insure property at more than one location.)

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4
Q

The three classes of property insured by commercial property insurance policies

A

1) Building
2) Equipment
3) Stock.

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5
Q

Regarding stock coverage, why it’s important to provide a proper description of the business to the insurer

A

It sets the stock coverage to items that are USUAL to the insured’s business

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6
Q

“Similar property belonging to others” is automatically covered under the amounts of insurance for stock and equipment if…

A

The lost or damaged property is similar to that insured by the policy;

  • The insured was under an obligation to insure that property;
  • The insured was legally liable for it.
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7
Q

The five components found in the definition of “building” in commercial property policies.

A

1) Fixed structures located on the premises;
2) Additions and extensions communicating and in contact with the building;
3) Permanent fitting and fixtures attached to and forming part of the building;
4) Materials, equipment and supplies on the premises for maintenance of, and normal repairs and minor alterations to the building, or for building services;
5) Growing plants, trees, shrubs or flowers inside the building used for decorative purposes, when the insured owns the building.

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8
Q

“Premises

A

The entire area within the property lines and areas and areas under adjoining sidewalks and driveways at the location described on the Declarations Page, and in or on vehicles within 100 meters (328 feet) of such locations.

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9
Q

The three components found in the definition of “stock” in commercial policies.

A

1) Merchandise of every description usual to the insured’s business;
2) Packing, wrapping and advertising materials;
3) Similar property belonging to others which the insured is under obligation to keep insured or for which he is legally liable.

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10
Q

The three components of “equipment” found in commercial policies

A

1) All contents usual to the insured’s business (including furniture, fittings, fixtures, machinery, tools, etc.) other than “building” or “stock”;
2) Similar property belonging to others which the insured is under obligation to keep insured or for which he is legally liable;
3) Tenant’s improvements, which are defined as building improvements, alterations, and betterments made at the expense of the insured to a “building” occupied but not owned by the insured, and which are not otherwise insured.

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11
Q

The three ways property may be valued

A

1) Actual Cash Value
2) Replacement Value
3) Book Value.

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12
Q

The traditional meaning of Actual Cash Value (ACV).

A

The cost to repair or replace lost or damaged property, less the application of any depreciation

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13
Q

The two methods under the Formula/Cost Approach Method to determine the Actual Cash Value of a building.

A

1) Straight Line Depreciation: applies depreciation based on the normal life expectancy of the building;
2) Plateau Accelerated Depreciation: applies a large amount of depreciation during the building’s early years when its most useful, then depreciation plateaus (levels out).

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14
Q

The Market Value / Direct Sales Approach to determine the Actual Cash Value of a building.

A

A real estate appraiser provides an expert opinion about the fair market value of:
- the property before the loss
- the property after the loss
- the land.
The opinion is influenced by the condition and location of the building compared to similar properties recently sold in the area.

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15
Q

The Income Approach to determine the Actual Cash Value of a building

A

With the help of a qualified accountant, and especially useful when income is produced from a dilapidated or run-down building, a capitalization factor is applied to the net annual rental income.

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16
Q

The True Value to the Owner approach to determine the Actual Cash Value of a building.

A

When the insured says the other methods for determining ACV have failed, because the building’s value is actually higher to the insured, this method applies less depreciation.

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17
Q

The Broad Evidence Rule to determine the Actual Cash Value of a building.

A

Only used when the courts are asked to rule on ACV; it takes many factors into account, including:

  • Replacement value less depreciation;
  • Market value;
  • Rental value;
  • Building use;
  • Location;
  • Obsolescence;
  • Assessed value;
  • Resale success
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18
Q

“Replacement Value

A

The costs to repair, replace or rebuild the lost or damaged property without deduction for depreciation.

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19
Q

The difference between “Replacement Cost” and “Actual Cash Value” (ACV)

A

ACV takes depreciation into consideration, whereas Replacement Cost does not.

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20
Q

The method used to value property that’s the least appropriate for insurance.

A

Book Value, because it’s based on accounting functions only.

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21
Q

“Reinsurance

A

Insurance of an insurer; where an insurer cedes part of the risk it has assumed to one or more other insurers

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22
Q

The three rules that apply to reinsurance

A

1) All insurers share in both the premiums collected and the losses incurred;
2) The contract is between the primary insurer and the reinsurer.
3) The policy is controlled by the primary insurer, and all claims are paid by the primary insurer.

23
Q

The two common characteristics of subscription policies

A

1) Participating insurers share the premiums and the losses;

2) Each agreement is negotiated separately.

24
Q

“Lead company.”

A

The company that assumes the greatest portion of a subscription policy called.

25
Q

“Minimum retained premium

A

The premium amount kept by the insurer when the policy is terminated prior to its expiry date.

26
Q

The three considerations used to determine an amount of indemnity and which will be paid in the event of a loss

A

1) Actual Cash Value of the property as it existed immediately prior to the loss;
2) The interest of the insured in the property;
3) The amount of insurance as shown on the policy.
- the least will be paid in the event of a loss

27
Q

“Deductible.”

A

The portion of an insured loss that’s borne by the insured before s/he’s entitled to recovery from the insurer.

28
Q

Why Co-insurance Clauses contain waiver provisions.

A

Because the cost for an insured to do a full inventory of values for small losses to prove co-insurance compliance would exceed the value of the loss.

29
Q

The provisions of Waiver of Co-insurance Clauses.

A

When losses are less than either 2% of the amount of insurance or $5,000, the provisions of the co-insurance clause are not applied.

30
Q

The co-insurance clause calculation

A

(Did÷Should) x Loss = Settlement

31
Q

The purpose of a Stated Amount Co-Insurance Clause

A

To replace the provisions of the standard co-insurance clause with the requirements of the stated amount co-insurance clause

32
Q

The requirements that must be met by the insured when a Co-Insurance Clause is replaced with a Stated Amount Co-insurance Clause.

A

1) The insured must submit a statement of values to the insurer that represents 100% of the value of all property insured, verified by appraisal or other method acceptable to the insurer;
2) These values must be insured for the duration of policy period.

33
Q

The six reasons for exclusions, with two examples for each.

A

To exclude losses that…

1) are commercially uninsurable. Examples: war and nuclear energy hazard.
2) may be catastrophic. Examples: earthquake and snowslide.
3) have other policy forms available for them. Examples: automobiles and business records.
4) are wholly or partially in the control of insured, or that can be expected. Examples: scratching or crushing, and normal wear and tear.
5) are not common to most insureds, but represent an increased potential for loss that needs additional premium. Examples: Outside communication towers, and buildings in the course of construction
6) arise from illegal activity. Examples: loss of illegal substances, loss caused by illegal activity.

34
Q

“Condition.”

A

Something imposed by the insurer that requires the insured to do or not do something.

35
Q

The two circumstances in which an insurer will not refuse payment for a breach of condition.

A

When the insured is able to establish that:

1) The loss was not caused or contributed to by the breach; or
2) The breach occurred in a part of the premises over which the insured has no control.

36
Q

“Subrogation.”

A

The insurer’s right to sue any party the compensated party could have sued

37
Q

Why insurers don’t subrogate “against any corporation, firm, individual or other interest with respect to which insurance is provided by this policy.”

A

Because insurers would be under negative public pressure if they paid a claim to one party and subrogated against the other.

38
Q

The three requirements placed upon clients by Property Protection Systems clauses.

A

The insured must notify the insurer forthwith…

1) About any interruption, flaw or defect in any property protection system that comes to their knowledge;
2) About any cancellation or non-renewal of any monitoring or maintenance to such systems;
3) When notification of suspension of police service is received regarding response to any such system.

39
Q

The ways that the value of insured property is determined under a Basis of Valuation clause

A

1) On unsold stock: on the basis of ACV at the time and place of loss or damage, not to exceed the cost to repair or replace with material of like kind and quality;
2) On sold stock: on the basis of selling price, less any discounts;
3) On property of others upon which work is being performed: Customers Property upon which work is being performed losses are paid on the basis of value of parts used in repair and the value of labour. Customers will be paid ACV of the property when initially dropped off for repair.

40
Q

The two types of property that receive Special Basis of Settlement.

A

1) Tenant’s improvements;

2) Records.

41
Q

“Warranty.”

A

A promise that certain facts are truly as they’re represented to be and that they’ll remain so.

42
Q

The four terms of the Locked Vehicle Warranty

A

1) The vehicle containing the property must be equipped with a fully enclosed body or compartment;
2) All doors are securely locked and the windows closed;
3) Access or entry to the vehicle is gained through the use of force;.
4) There must be visible signs of force used to gain entry into the body or compartment of the vehicle.

43
Q

“Material fact.”

A

A fact which, if communicated to the insurer, would cause it either to decline the insurance altogether or not accept it unless a higher premium is paid.

44
Q

The seven facts material to an application for insurance. Failure to disclose these facts may constitute misrepresentation.

A

1) Previous claims;
2) Use of business premises by insured and others;
3) Number of mortgages and other encumbrances on the property;
4) Existence of other insurance;
5) Previous cancellations or refusal of insurance;
6) Fear of damage to property from persons harbouring ill-will against the insured;
7) Vacancy.

45
Q

“Fraudulent.”

A

To act willfully and with the specific intent to deceive or cheat,

46
Q

The right an insurer has when it proves that misrepresentation has occurred.

A

It is entitled to void the policy

47
Q

“Void contract.”

A

A contract that has no legal or binding force, and as such is incapable of being enforced at law.

48
Q

The Notice of Authorities condition.

A

Any loss involving a criminal act must be reported to the police or other authorities.

49
Q

The Sue and Labor condition.

A

The insured must take all steps reasonable to recover lost or damaged property after an insured loss.

50
Q

The Pair and Set condition

A

When losses involve property in a pair, the remaining item continues to have value and this amount will be deducted from any loss. Partial loss of a set will not mean total loss of set.

51
Q

The Parts condition

A

When loss or damage is to any part of insured property consisting of several parts, the insurer is not liable for more than the insured value of the part lost or damaged, including the cost of installation

52
Q

Insures will not exercise its right of subrogation against certain parties. Explain

A

When persons responsible for a loss have an interest in the proceeds of the policy, the insurer will not exercise their right of subrogation against these parties ….(eg. bank or other person who lent money to insured and are shown as loss payable on policy)

53
Q

Subscription Policy

A

An insurance policy under which a group of insurers has agreed to participate together to provide coverage

54
Q

The four reasons a subscription policy may be the only insurance alternative

A

The line of business is so specialized that it isn’t covered by reinsurance
The type of risk is one that the insurer doesn’t want to expose to its reinsurance
Limits don’t exceed the insurers risk retention limits, but are above what its prepared to pay for a single claim
The broker wants to spread a good, large line of business among his markets.