CFP Insurance Flashcards
Insurable interest
Must be in place at issuance AND loss for P&C
Only issuance for Life insurance
Indemnity
only applies to P&C insurance - seek to reimburse for approx the amount lost
in life insurance, you are buying for specific amount
Aleatory contract
Applies to insurance
outcomes are random, $ spent by parties is unequal
Contract rescission
deemed null from the beginning due to fraud or misrepresentation
if someone failed to disclose info on life insurance contract for example - refund premiums and rescind contract
Collateral SOURCE
damages can be collected from insurance AND the negligent party
prohibits admission of evidence that the victim has rec’d comp from some other SOURCE
Insurance SUBrogation
Insurer takes over SUBstitute rights to sue the negligent party
Substitution of another person / group in respect to debt or insurance claim
Parts of insurance contracts
De-DICE
Declarations - specific to you, rest is boilerplate
Definitions - key terms
Insuring agreements - promises of company
Conditions - duties of BOTH parties
Exclusions - won’t pay
Intentional vs unintentional tort
Tort: wrongful act other than breach of contract for which civil action may be brought
Intentional infringement (assault, libel, slander)
Unintentional - negligence or carelessness
Negligence: Negligence per se
violates a statute
crosswalk, school zone
In a tort case, a defendant who violates a statute or regulation without an excuse is automatically considered to have breached their duty of care and is therefore negligent as a matter of law.
Negligence: Absolute liability
workers comp, wild animals
intent does not matter, not entitled to any defence
hazardous conditions resulting in loss
Negligence: Strict liability
product / manufacturers
intent does not matter
can use due diligence as defense
Negligence defense:
Comparative negligence
if injured party ALSo had some negligence that doesn’t defeat the claim but may reduce damages
A 20% negligent, B 80% negligent
Think, COMPARED to the other person, i hardly did anything wrong
Contributory vs Comparative varies by state
Negligence defense:
Contributory negligence
ANY negligence on part of the injured party completely defeats the claim
Jaywalking, drunk driving
Contributory vs Comparative varies by state (VA is contributory)
For example, if Haley walks into a crosswalk without looking and Debbie fails to stop at the crosswalk, and a jury finds Debbie 99% at fault and Haley 1% at fault, Haley would not be allowed to recover damages under contributory negligence.
Negligence defense:
Last clear chance
The last clear chance rule was created by judges to ease the harsh effects of contributory negligence. Judges in states that followed the contributory negligence rule believed that negligent plaintiffs should still be able to get some compensation in certain situations, rather than come away with nothing.
A negligent plaintiff must prove that, as between the plaintiff and the defendant, the defendant was the one who had the last opportunity to change course and avoid injuring the plaintiff.
example: road rage
Life insurance needs analysis - 2 approaches
Needs analysis - based on survivors needs
Capital utilization - how much income do i need to cover - nothing left over at end
Capital needs approach aka capital retention - interest only
Human life value - how much income was i earning
Negligence defense:
assumption of risk
skiing, stock car races
Negligence: Attractive nuisance
swimming pool, vacant lot
Negligence: Vicarious liability
principals are responsible for agents
Calc life insurance need using capital retention
Annual need / (Growth rate - inflation rate) = total amount
PLUS
Beginning of year 1 money
$36k / 3% = $1.2M + 36K = $1,236,000
Participating policy
pays a dividend
from higher than expected return
or
lower than expected mortality / expenses
originally only mutual insur co’s (owned by policyholders) but stock insurance co’s (owned by stockholders) may offer as well
nonparticipating policy profits are retained for shareholders
Insurance ratings
A.M. Best (Think which is BEST)
A++ to F
(other is S&P)
Only AM Best provides detailed historical data on carriers. The others may just provide ratings.
Law of agency (insurance)
Types of Authority
no presumption that one person can legally act as agent for another
ability of an agent to act and bind the principal (insurer) comes from three sources:
1. Express authority - written, explicit direction (Agency agreement (contract)
2. Implied authority - what public believes the agent holds based on signage, rate books, etc
3. Apparent authority - negligence on part of principal / insurer in allowing the agent to APPEAR to have the authority (often w/terminated agents)
Sections of Homeowners Policy
Section I
A - Abode - dwelling and attached structures
B - Buildings - detached structures
C - Contents - Boats/Trailers limited to $1k, no motorized vehicles or aircraft except lawn mower, no animals/birds/fish, no renters property, no personal property in renters space
D - Days Inn - loss of use
Section II
E - Enemies - comprehensive liability
F - First Aid - medical payments
Basic vs Broad vs Open coverage
BASIC
WHARVES / FLT
windstorm/hail/aircraft/riot, vandalism, vehicles, explosion, smoke, fire, lightning, theft
BROAD + RAF
riot, artificially generated electricity, falling objects, freezing pipes
OPEN - best all forms not excluded