Casualty Insurance Flashcards
A claimant is …
A person or organization who has sustained injuries
A first person claimant is who?
Is an insured making a claim under his/her own policy for damage to his/her insured property
A third-party claimant is who?
Is a person or organization, other than the insured making a claim against an insured for the insured to submit to his/her insurance company for insurance coverage.
Legal liability occurs when?
It occurs when an insured is involved in an accident in which a third-party claimant is injured or incurs property damage. The third-party claimant may make a legal liability claim against the insured for injuries and or property damage.
What are the things specified in auto policies that the insurance company will pay for in addition to the auto policy limits of liability?
Supplemental payments
What are the things specified in auto policies that the insurance company will pay for in addition to the auto policy limits of liability?
Supplemental payments
What two things does an adjuster do?
And adjuster determines if there was coverage in effect at the time of loss and investigates and settles the loss
On an application, what are representations?
Basic regular statements that the insured believes to be correct
What are warrantees on an application?
Special statements which the insured guarantees to be correct
What is on the declaration page name 2 things
It is the information page. It has the effective date and expiration date.
On the exclusion part of a policy, what three types of hazards are excluded?
Morale hazards, moral hazards, and physical hazards.
What is a morale hazard?
It is a risk of loss is caused by the insured acting in an indifferent, careless or irresponsible manner
What is a moral hazard?
It is one there is a risk of loss due to legal action
Sometimes the underwriter will hire a firm to do an investigation or inspection of the property. The purpose of the inspection is the determine 4 things.
To verify the value of the property.
To verify the use of the property.
To verify the use of surrounding properties.
To verify that the property being proposed for insurance is reasonably well maintain
Definition of commission
Doing something that he/she should not have done
What are punitive damages and are these covered by liability insurance?
Punitive damages are extra amounts a court orders the insured to pay to the claimant as punishment for doing something particularly reckless. Usually punitive damages are not covered by liability insurance.
What is law of torts?
It is also sometimes called?
Tort law is a type of civil liability, which is a legal liability that can arise from a contract or a tort. Tort law is the largest area of civil law, which is the law that governs disputes between private individuals. The purpose of tort law is to determine if someone should be legally responsible for harming another person, and if so, how much compensation they should receive.
Civil liability
Civil liability is a legal obligation that requires a party to pay for damages or follow other court-ordered enforcement in a lawsuit. It’s usually brought by a private party to sue for damages, injunctions, or other remedies. For example, in a car crash, the injured party can sue the driver and ask for monetary damages.
What is an occurrence?
It’s an accident or some other repetitive exposure, which result in bodily entry or property damage
Some commercial and or professional liability policies are written as what type of policies?
Claims made policy
Omnibus clause
Anyone legally responsible for the use of the auto at the time of the accident
What is it called? One an employee takes the employer car and has an accident and the employer is legally responsible.
Vicarious liability
State mandatory insurance law minimum liability limits required to be carried on all automatic deals by state laws are
25/50/20
Explain 25/50/20
25,000 for bodily injuries per person
$50,000 for total/aggregate bodily injuries per occurrence
$20,000 per property damage per occurrence
An alternative to 25/50/20 split limits is minimum single liability limit of
$70,000
Transportation rental reimbursement coverage pays up to how much per day for transportation cost not to exceed how much?
It pays up to $20 per day not to exceed $600
What coverage can be purchased by a business to protect a key employee such as an executive who is not cover under a personal auto policy?
Drive other car coverage
Uninsured motorist coverage covers only what?
It does not cover damage to the insured vehicle. It only covers bodily injuries.
If the insured and the insurance company disagreed to the amount of loss and the vehicle cannot be repaired or replaced each may select an appraiser. What is this called?
. Arbitration clause
If the insured and the insurance company disagreed to the amount of loss and the vehicle cannot be repaired or replaced each may select an appraiser. What is this called?
. Arbitration clause
CGL stands for what?
An audit is done at the end of the policy term if it determines that the risks have increased and an additional premium can be charged. This additional premium is called?
Commercial general liability
Audit premium
CGL’s are usually issued as what kind of policy?
Occurrence policy
Under CGL policy conditions, also known as what? The insured is required to give the insurance company. What six things?
Required.
Prompt notice of an occurrence.
Prompt written notice of all claims.
Immediate copies of claim notices and legal papers.
Authorization to obtain records.
Cooperation in investigation, settlement, defense claims.
Cooperation in enforcement of rights against others to attempt to recover the loss. The insurance company has paid also called Subrogation