CFP Insurance Flashcards
What is Risk?
The variation in possible outcomes of an event based on chance. Also, it is the uncertainty concerning a possible loss.
What is degree of risk?
A measure of the accuracy with which the outcome of an event based on chance can be predicted.
What is pure risk?
Refers to possibilities that can result in only loss or no change. A factory’s exposure to loss by fire is an example of a pure risk. A factory either burns or it does not burn. There is no gain potential from this possibility. Insurance deals only with pure risks.
What is an insurable risk?
An undesired, unplanned reduction of economic value arising from chance. For example, loss or damage to property or life due to fires, tornadoes, heart attacks, and criminal acts. It is also a risk that meets the criteria for efficient insurance.
To be considered efficient insurance, what must be true?
- The premium must be reasonable. The insurer must be able to charge a high enough premium to cover claims and the expenses of being in the insurance business.
- The risk must be financially measurable.
- The loss must be accidental and not predictable.
- The risk is not subject to a catastrophic loss. The risk cannot be so large that the insurer is unable to pay for the loss.
What are the five common risk management techniques in financial planning?
- Risk Avoidance
- Risk Reduction
- Risk Transfer
- Risk Retention
- Risk Diversification
The insured’s possibility of loss is called their _____________.
Exposure to loss. If the insured purchases an insurance policy, they transfer the exposure to loss to the insurer.
What is the proximate cause of a loss?
The first peril in a chain of events resulting in a loss. Without proximate cause, the loss would not have occurred.
What must a firm do to self-insure?
- Law of large numbers: The firm should be big enough to combine sufficiently large numbers of exposure units so as to make a loss predicable.
- Financial Reliability: The firm should be able to accumulate funds to meet losses that may occur. Also, the firm needs to cover losses if they occur more frequently than predicted.
- Geographic distribution: Dispersion of risk in the event of a catastrophe.
Indirect Loss
A loss of revenue that cannot be measured and the impacts that can be more difficult to see.
Occupational Safety and Health Act of 1970 (OSHA)
This federal law is designed to promote a safe working environment for employees.
The Consumer Products Safety Act of 1972
Requires notification of the Consumer Product Safety Commission (CPSC) by manufacturers and retailers of any product hazard of which they become aware.
Liability losses arise from three sources.
- Negligent injuries caused by an organization,
- The cost of a legal defense, and
- The cost of loss prevention arising from potential legal liability.
Risk management follows a six-step process. The steps are:
- Establishing objectives,
- Identifying loss exposure,
- Measuring loss exposure,
- Developing a plan,
- Implementing the plan, and
- Regularly reviewing the plan.
Breach of Contract
Involves a failure, without a legal excuse, to perform contractual duties.
Joint and Several Liability
May be called a “deep pockets” approach to recovery. Since 1986 more than two-thirds of the states have passed laws to modify the doctrine of joint and several liability, replacing it with several liability or a system for apportionment of damages based on the degree of fault.
Punitive Damages
Awards made to plaintiffs not as compensation for injuries suffered, but as a means of punishing defendants for outrageously offensive acts, which are always included in gross income.
Contributory Negligence
It means that because both parties are at fault, neither will be allowed recovery from the other.
Comparative Negligence
Allows plaintiffs some recovery despite contributing to their own injuries.
Last Clear Chance
When the plaintiff establishes that the defendant had a clear chance to avoid the accident despite the plaintiff’s negligence.
Tort
Is a private or civil wrong or injury, other than breach of contract, for which the court will provide a remedy in the form of an action for damages.
Three categories of tort liability:
- Intentional torts: Defendant’s actions are calculated to cause injury to another.
- Negligent torts: Defendant unintentionally acts or fails to act in a prudent manner.
- Strict liability torts: Damages result from dangerous activities.
In insurance, what is a “binder”?
A temporary contract in property insurance, and is often used before the issuance of the formal insurance policy. The binder must meet all the requirements for a legal contract. It is distinguished by its temporary nature (often 30 days or less).
Valid Elements of a Contract (4)
- Offer and acceptance
- Consideration
- Capacity
- Legal purpose
As one of the elements of a valid contract, what is Offer and Acceptance?
The proposal to make an exchange is called the offer. The offer must be reasonably definite and communicated clearly.
If the second person agrees to the exchange, this is called acceptance. The acceptance must be unconditional, unequivocal, and communicated clearly.
As one of the elements of a valid contract, what is Consideration?
What each party gives to the other. Consideration may take a tangible form, such as money, or it may take the form of a promise to do or not to do a particular activity. There must be an exchange of consideration to have a valid contract.
What is a Unilateral Contract?
Insurance contracts are unilateral in that only the insurer makes a binding promise. The insured can cancel the policy at any time without recourse, while the insurer is limited to specific situations (such as failure of the insured to pay premiums) when it may cancel a policy. The insured does not promise to pay the premiums and cannot be sued for failure to do so. Insureds cannot collect for losses if they do not pay premiums, because timely payment of the premium is a condition of the contract.
What is a Bilateral Contract?
Contracts in which both parties make enforceable promises. Insurance is not considered a ________ contract.
As one of the elements of a valid contract, what is Capacity?
A person’s legal ability to enter a contract (must not be a minor). Some states allow older minors (often at age 15) to enter binding agreements for insurance purposes. A minor can void a contract before reaching 18. Insurance companies also must be licensed, and an unauthorized insurer is subject to fines and penalties.
As one of the elements of a valid contract, what is Legal Purpose?
A valid contract must have an end or intention permitted by law. An owner of a contract must have an insurable/legal interest (legally recognizable economic relationship) in the insured.
Indemnity
_____________ means the insured should be restored to the same (not be enriched or impoverished) financial position occupied before the insured’s loss. Insurers enforce this principle through the insurable interest requirement, actual cash value settlements, and the operation of subrogation clauses.
Three Exceptions to Indemnity
- Life Insurance - The Value of Human Life Cannot Be Measured
- Replacement-Cost Insurance - Insurer Promises to Pay Full Cost Without Deduction for Depreciation
- Valued Insurance Policies - Covers Total Loss, Payment May Be More or Less Than Stated Amount