C3 Flashcards

1
Q

What is the purpose of a preamble/recital clause?

A

It sets the scene by referring to both parties and each of their obligations/terms

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2
Q

What is a signature clause?

A

A pre printed signature of an official from the insurance company

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3
Q

What is an operative clause?

A

It is the most important part as it outlines the cover

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4
Q

What is the most personal part of the policy?

A

The schedule is very specific and personal to the insured and their cover

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5
Q

What is the parole evidence rule?

A

It is the concept of relying on the contract itself and not any prior negotiations

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6
Q

What is a buy back?

A

When someone pays more to have something that is usually excluded, put into their policy

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7
Q

What are some examples of exclusions?

A

-War
-Terrorism
-Pollution
-Cyber
-Contractual Liability

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8
Q

What is the difference between an excess and a deductible?

A

They are both the 1st amounts of each and every claim the insured is responsible for but deductibles are much larger.

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9
Q

Define a franchise

A

A franchise is a fixed amount or time period that acts as a threshold to determine whether a claim should be paid out

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10
Q

What is a warranty?

A

A warranty is a promise made by the insured relating to the risk such as promising to do/not do something.

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11
Q

What is the Consumer Insurance Disclosure and Representations Act 2012 think about breach of warranties?

A

They amended the law and removed the ability for insurers to rely on the breach of warranty.

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12
Q

How does the Insurance Act 2015 perceive breach of warranties?

A

They suspend cover from the date of breach until the insured begins to apply again.

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13
Q

What is the difference between a condition precedent to the contract and subsequent to the contract?

A

Precedent to the contract refers to something that must be complied with prior to the contract forming whereas subsequent refers to what needs to be complied with whilst the contract is in force.

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14
Q

What is a condition precedent to liability?

A

This is something that needs to be complied with in order to have a valid claim.

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15
Q

What is the equation for the average condition?

A

the value insured divided by the value at risk X the loss

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16
Q

What is the alteration condition?

A

this outlines how the insured must notify the insurer of any changes.

17
Q

What is the arbitration condition?

A

this surrounds how to deal with disputes about amount of claims.

18
Q

What is contribution?

A

Contribution is when there is more than one policy covering the same 1 loss

19
Q

What is subrogation?

A

This is when the insurer takes over the insureds rights in order to receive the money from the third party responsible.