Casualty Insurance Flashcards

1
Q

Additional coverages; coverage extensions; extended coverages; other coverages

A

Supplement insurance coverage that applies only in certain circumstances, have reduced or separate limits of liability, or require the insured to meet certain requirements before they are applicable.

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2
Q

Aggregate Limit

A

Type of policy limit found in liability policies that limits coverage to a specified total amount for all losses occurring within the policy period.

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3
Q

Assumption of risk

A

Defense against liability based on the common law principle that a person who knowingly exposes themselves to danger or injury takes on the risk of loss and cannot hold another person responsible for the loss.

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4
Q

Absolute liability

A

Type of liability imposed by law on those participating in certain activities that are considered especially hazardous; a person involved in such operations may be held liable for the damages of another even though the individual was not negligent.

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5
Q

Advertising Injury

A

Coverage in the CGL that covers losses caused by oral or written material that slanders or libels, violates privacy rights or infringes on copyrights, titles or slogans.

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6
Q

assigned risk plan; automobile insurance plan

A

A state sponsored plan that provides automobile insurance to those who are uninsurable under standard auto insurance policies.

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7
Q

bid bond

A

Type of surety bond that guarantees that if a contractor’s price is accepted, the contractor will enter into a contract and provide the required performance bond.

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8
Q

bodily injury (BI)

A

Defined in most policies to include injury, sickness, disease and death resulting from any of these at any time.

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9
Q

burglary

A

The taking of property by a person unlawfully entering or leaving the premises as evidence by visible signs of forced entry or exit.

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10
Q

claims-made form

A

CGL coverage form that pays off bodily injury (BI) or property damage (PD) losses for which a claim was first made against the insured during the policy period.

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11
Q

Comparative negligence

A

Law that allows an injured party to collect from another party for a loss, even when the injured party contributed to her own loss. Damages are reduced to the extent of the injured party’s negligence.

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12
Q

blanket position bond

A

Fidelity bond that covers losses arising from the dishonesty of one or more employees acting separately or in collusion; provides a single limit of liability applicable to each employee involved in a loss.

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13
Q

certificate of insurance

A

Written form that verifies a policy has been written; provides a summary of the coverage provided under the policy.

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14
Q

Collision

A

Type of physical damage coverage that covers loss that occurs when the insured auto strikes another object or vehicle; may also include upset or overturn of the insured auto.

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15
Q

Compensatory damages

A

Damages that reimburse an injured party for losses that were actually sustained.

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16
Q

Completed operations

A

Coverage in the CGL policy that covers work that has been completed or finished and put to its intended use.

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17
Q

concealment

A

The withholding of a material fact involved in the contract on which the insurer relies.

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18
Q

court bond

A

A type of surety bond used to settle legal arguments that do not involve monetary damages.

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19
Q

defense costs

A

Legal expenses incurred by the insurer to defend suits brought against insured, these costs are paid in addition to payments for BI or PD claims.

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20
Q

comprehensive coverage

A

Found in an auto policy, a broad physical damage coverage that covers all property losses except collision and those perils or property that are specifically excluded; also called Other than Collision (OTC).

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21
Q

contribution by equal shares

A

Type of other insurance condition found in liability policies; it calls for all insurers to contribute equally up to the limit of the policy having the smallest limit, whereupon that company stops paying, the other companies share in the remainder of the loss until the loss is paid in full or all policy limits are exhausted.

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22
Q

Custodian

A

An insured, partner or employee who has care and custody of insured property within the premises.

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23
Q

direct writer

A

Insurance marketing system where the company’s agents are also employees of the company.

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24
Q

directors and officers (D&O) liability insurance

A

Type of errors and omissions policy written for the board of directors or its officers of the company, who may be sued as individuals by shareholders.

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25
Q

doctrine of reasonable expectations

A

Legal principle that provides that an insurance policy includes coverages that an average person would normally expect it to include, regardless of what the policy actually provides.

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26
Q

endorsement

A

A form attached to an insurance policy that alters the policy’s coverage, terms and conditions. The additional coverage is listed in the policy, and the cost of insuring each risk must be added to the cost of the premium.

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27
Q

exclusions

A

Section of an insurance policy that lists property, perils, persons or situations that are not covered under the policy.

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28
Q

discovery form

A

Commercial crime form that covers losses that are sustained at any time and discovered either during the policy period or up to 60 days after the policy expires; the discovery period for losses related to employee benefit plans extends for up to one year after policy expiration.

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29
Q

earned premium

A

Premium an insurance company has actually earned by providing insurance protection for the designated period of time.

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30
Q

errors and omissions (E&O) insurance

A

Professional liability coverage that protects the insured against liability for committing any mistakes in the performance of professional duties.

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31
Q

exclusive remedy doctine

A

One of the precepts upon which the workers’ compensation system was founded.

Stipulates that the only means available to employee to receive compensation from employers for injuries covered by workers’ compensation laws is through the benefits mandated by those laws.

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32
Q

exemplary damages’ punitive damages

A

Type of damages intended to punish the defendant and make an example out of them to discourage others from behaving the same way.

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33
Q

exposure

A

A condition or situation that presents o possibility of a loss.

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34
Q

extended reporting periods (ERP)

A

Period of time provided by the claims made commercial general liability coverage form during which coverage will be provided for claims made after the expiration date of the policy if certain conditions are met.

The basic runs 60 days and can be extended to five years.

Supplemental runs for an unlimited duration, but is available only by endorsement for an additional premium.

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35
Q

fidelity bond

A

Class of bonds that guarantees an employee’s honest discharge of duty.

Written to protect an insured from dishonest acts by employees.

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36
Q

experience modification factor

A

Used with workers’ compensation insurance and is a factor assigned to a company based on its prior three-year loss history compared against the average, Losses are based on only those job codes that apply to the business.

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37
Q

express authority

A

Legal doctrine that states that an agent has the authority specifically given to the agent, either orally or in writing, by the principal.

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38
Q

Federal Employers Liability Act (FELA)

A

Federal law that provides benefits to injured railroad workers who are exempt under state workers’ compensation laws.

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39
Q

fiduciary bond

A

Type of surety bond that guarantees that a person of special trust will fulfill its obligations set forth by law/

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40
Q

financial responsibility laws

A

State laws that require owners or operators of autos to provide evidence that they have the funds to pay for automobile losses for which they might become liable.

Insurance is the usual method for providing this evidence to the state.

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41
Q

garage coverage form

A

Commercial auto coverage form that provides liability, garage keepers, and physical damages coverages for vehicle dealers, including dealers that have repair operations on the business premise.

42
Q

hazards

A

Something that increases the chance of loss. Three types are:

-moral
-morale
-physical

43
Q

host liquor legal liability

A

Additional coverage to a CGL, where the insureds are not in the business of selling or serving liquor, covers insured for their legal responsibility for BI or PD to others; example: office picnic where beer and wine is served.

44
Q

first-named insured

A

The first person listed in the declarations as an insured; may have a higher level of duties or rights under the policy.

45
Q

garagekeepers insurance

A

Coverage that is part of the garage coverage form, covers a garage risk’s legal liability for customers’ auto in care, custody or control of the garage; at the insured’s option and for additional premium, can also apply without regard to fault.

46
Q

hold harmless agreement

A

Contractual arrangement where one party assumes the liability of a situation and relieves the other party of responsibility.

47
Q

insured contracts

A

Term used in the CGL and businessowners liability forms to describe contracts for which contractual liability coverage is available under the policy, such as LEASE : leases, easement of license agreements, agreement with a municipality as required by ordinance, sidetrack agreement, elevator maintenance agreements.

48
Q

LEASE - contractual agreements

A

LEASE: leases, easement of license agreements, agreement with a municipality as required by ordinance, sidetrack agreement, elevator maintenance agreements.

L - lease of premises
E - easement of license agreements
A - agreement with a municipality as required by ordinance
S - sidetrack agreement
E - elevator maintenance agreements

49
Q

Jones Act

A

Federal Law that allows members of ships’ crews to sue their employer/ship owner at common law for injuries caused by the employer/ship owners’ negligence.

50
Q

lessor endorsement

A

Commercial auto endorsement used to make leashed vehicles considered owned vehicles for coverage purposes.

51
Q

liquor liability coverage

A

CGL coverage form that provides coverage for liquor liability excluded by the standard CGL policies for those who are in the business of manufacturing, disturbing, selling, serving or furnishing alcoholic beverages.

52
Q

judicial bond

A

Category of surety bond that guarantees that the principal will fulfill certain obligations set forth by law - includes fiduciary bond and court bonds.

53
Q

libel

A

A false publication, as in writing, print, signs or pictures that damages a person’s reputation .

54
Q

Longshore and Harbor Workers’ Compensation Act

A

Endorsement used with the workers’ compensation and employers liability policy that cover the additional benefits required by federal law for maritime workers injured while working on navigable waters or shore - site areas.

55
Q

monopolistic state fund

A

Method of providing workers’ compensation coverage used in some states; employers must purchase workers’ compensation insurance from a state fund; private insurance companies are not allowed to compete.

56
Q

newly acquired vehicles

A

New or used vehicles acquired by the insured during the policy period in addition to or as replacement to vehicles already owned and listed on the policy.

57
Q

negligance

A

The lack of reasonable care that is required to protect others from the unreasonable chance of harm.

58
Q

no -fault insurance

A

For of auto insurance where each insurance company pays the damages of its own insureds, regardless of who was at fault for the accident.

59
Q

obligor/principal

A

The party bound or obligated to do or not to do something for another party.

60
Q

occurrence form

A

CGL coverage form that covers BI or PD that occurs during the policy period, regardless of when the claim is made.

61
Q

payment bond

A

Type of surety bond that guarantees bills for labor and materials will be paid to the contractor as they are due.

62
Q

personal auto policy (PAP)

A

Policy that provides property and liability coverage both owned and non - owned autos used, maintained or operated by the insured and the insured’s family members.

63
Q

pollution liability coverage extension endorsement

A

CGL endorsement that provides coverage for BI and PD claims arising out of pollution losses; excludes coverage for pollution clean - up costs.

64
Q

position schedule bond

A

Fidelity bond that covers specifically named positions in the company, rather that the individuals who hold these positions.

65
Q

permanent disability

A

A disability that will affect the worker for the rest of his life.

66
Q

personal injury

A

Injury other than bodily injury arising out of such things is libel, slander, false arrest, wrongful entry, violation of privacy and malicious prosecution.

67
Q

pollution liability coverage

A

Business liability exposure arising out of the business location or the activities of the business; covered under the CGL.

68
Q

Premium audit

A

Survey of the insured’s financial records to gather information used to calculate the premium, such as exposers and limits.

69
Q

Products coverage in CGL

A

Coverage in the CGL policy that covers items manufactures or sold by a business when it is off the premises.

70
Q

Property damage

A

Damage to or destruction of property, including loss of use of the property.

71
Q

retention limit; self-insured retention limit

A

In an umbrella policy, the amount the insured must pay for a loss that is not covered by an underlying policy before the umbrella will begin to cover the loss.

72
Q

producer

A

General term used to describe someone who sells insurance, such as an agent, broker or solicitor.

73
Q

professional liability

A

Liability arising out of rendering or failing to render services of a professional nature.

74
Q

replacement vehicles

A

When a new vehicle replaces an existing vehicle, the same coverages would apply to new vehicle as were on the car it replaced.

75
Q

retroactive date

A

Under the claims - made CGL form, a date stipulated in the declarations as the first date on which an event may occur and be covered by the policy if a claim is filed.

76
Q

retrospective rating

A

Type of merit rating that bases the insured’s premium on losses incurred during the policy period.

77
Q

risk retention group

A

Insurance company formed by several organizations to cover those organizations’ liability loss exposures; exempt from most state laws that govern insurance companies.

78
Q

safe burglary

A

The unlawful taking of property from a locked safe or vault, evidence by marks of forcible entry or removal of entire safe or vault.

79
Q

single limit; combined single limit

A

One policy limit that applies to both BI and PD losses.

80
Q

risk

A

The chance or uncertainty of loss.

81
Q

robbery

A

The taking or attempted taking of property by one who has caused or threatened to cause bodily harm or committed a witnessed, obviously unlawful act.

82
Q

second injury fund

A

A fund established under workers’ compensation law to help pay any increased compensation that may result when an employee with a previous injury is hired and then is injured again; most states will help pay.

83
Q

slander

A

Oral false statements injurious to a person’s reputation; a false and malicious statement of report about someone.

84
Q

special damages

A

Category of compensatory damages that includes all direct and specific expenses involved in a particular loss, such as medical expenses and lost wages.

85
Q

supplementary payments (BAILED)

A

Provides extra coverage over and above the insured’s limits of liability:

B - Bonds: paid with no limit except $250 bail bond
A - First Aid: no limit
I - Interest on judgments’ against client: no limit
L - Loss of earnings, $250/day
E - Expenses incurred at request of insurer
D - Defense cost and investigation cost: no limit

86
Q

surety bond

A

Bond that guarantees that someone will perform faithfully whatever they agree to do or that someone will make an agreed - upon payment to another party.

87
Q

theft

A

A broad term encompassing any unlawful taking of property, including burglary and robbery.

88
Q

split limits

A

Policy limit that provides separate limits for BI and PD.

89
Q

surety

A

In bonds, the party (often the insurance company) that agrees to be responsible for loss that may result if the principal does not keep their promise.

90
Q

temporary disability

A

A disability that will go away over time.

91
Q

tort

A

A civil wrong for which monetary damages may be provided; does not include losses arising out of contracts.

92
Q

trailer interchange insurance

A

Under the trucker’s coverage form, covers damage to a specific trailer under the policy of the trucker in whose possession the trailer is at the time of loss.

93
Q

underinsured motorists (UIM)

A

Auto coverage that pays the difference between the insured’s actual damages for bodily injusry and the amount of liability insurance carried by the at - fault driver; may be added to personal or commercial auto policy endorsement.

94
Q

vicarious liability; imputed liability

A

Liability that a person or business incurs because of the actions of others, such as family members or employees.

95
Q

watchperson

A

someone retained specifically by an insured whose sole duty is to have care and custody of property inside the premise.

96
Q

umbrella policy

A

Type of policy that provides broad coverage for an insured’s liability over and above liability covered by an underlying contract; may also cover losses that are excluded by the underlying policy; available as personal or commercial.

97
Q

uninsured motorist (UM)

A

Auto coverage designed to provide protection for the insured if they are involved in an accident in wich a person that does not carry insurance, motorists whose insurance coverage is below the state’s minimum financial responsibility laws, drivers whose insurance companies are insolvent and hit-and-run drivers who cannot be identified.

98
Q

Waiver

A

The intentional relinquishment of a known right.

99
Q

Obligee

A

The party to whom the principal makes the promise and for whose protection the bond is written.

100
Q

Occurrence

A

A loss that occurs at a specific time and place or over period of time.

101
Q

workers’ compensation common law defenses

A
  • assumption of risk
    -contributory negligence
    -fellow servant rule