CFP Insurance Planning Flashcards
Is speculative risk insurable?
Speculative risk is generally voluntary risk and not insurable.
Objective Risk measures what?
Measurable and quantifiable
Measures the variation of an actual loss from expected loss
Which of the following is an insurable risk?
Objective Risk
Pure Risk
Subjective Risk
Speculative RisK
Pure Risk
It involves the risk of loss or not loss and is the only insurable risk
Definition of SEVERITY
Severity is the actual dollar amount of a loss
What is the Law of Large Numbers
Specifies that when more units are exposed to a similar loss, the predictability of such a loss to the entire pool increases
Definition of PERILS
Actual cause of a loss
EX: fire, wind, tornado, earthquake, burglary, collision
Definition of HAZARD
A condition that increases the likelihood of a loss occurring
Definition of MORALE HAZARD
The indifference created because a person is insured
Definition of PHYSICAL HAZARD
Tangible condition that increases the probability of a PERIL occurring
EX: Icy roads, defective equipment
What is ADVERSE SELECTION?
The tendency of persons with higher-than-average risks to purchase or renew insurance policies
Insurance risks are CHAD. What does CHAD stand for?
not Catastrophic
Homogenous exposure
Accidental
measurable and Determinable
Elements of a valid contract are COAL. What does COAL stand for?
Competent Parties
Offer and Acceptance
Legal consideration
Lawful purpose
What is the Principle of Indemnity?
An insured is only entitled to compensation to the extent of the insured’s financial loss
An insured cannot make a profit from a contract
What is the SUBROGATION CLAUSE?
The insured cannot receive compensation both from the insurer and a third party for the same claim.
What is the Principle of Insurable Interest?
Must have an emotional or financial hardship resulting from damage, loss, or destruction
Must have an insurable interest at the time of policy INCEPTION
VOID vs VOIDABLE
Void contract was never valid. Lacks COALL
Voidable contract is a valid contract that allows cancelation by one of the parties, other party is still bound.
What is a warranty?
A promise made by the insured to the insurer
Breach of warranty is grounds for avoidance
Representations definition
Statements made by the insured to the insurer during the application process.
What is CONCEALMENT?
When the insured is silent about a fact that is material to the risk.
Definition of ADHESION?
No negotiations over terms and conditions.
Ambiguities are found in favor of the insured.
Definition of ALEATORY?
The money exchanged may be unequal.
EX: small premium, large benefit possible
Definition of UNILATERAL?
Only one promise is made by the insurer
Insured is not obligated to pay the premiums. If not paid, no promise to the insurer
Meaning of CONDITIONAL?
The insured must abide by the terms and conditions of the insurance contract. If the terms are not followed, the insurer may not pay a claim
Definition of WAIVER?
When one party relinquishes a known right.
Definition of ESTOPPEL?
Takes place when a party is denied assertion of a right to which they are otherwise entitled.
Definition of WAIVER PROVISIONS?
an insurer may seek to avoid liability associated with a loss due to their agents offering policy changes not authorized by the company
Dispute Remedy:
Parol Evidence Rule
Once the contract is placed in written form, all previous and prior understanding may not contradict the compete understand of both parties
Dispute Remedy:
Reformation
Contractual remedy in which the contract is revised to express the original intent of all parties
Dispute Remedy:
Recission
Deems a contract void from inception
What is an agent?
legal representative of the insurer
Who does a BROKER represent?
the policy owner NOT the insurance company
What is EXPRESS AUTHORITY?
Given through an agency or written agreement
What is IMPLIED AUTHORITY?
Authority that the public perceives, and a valid agency agreement exists
What is APPARENT AUTHORITY?
Apparent authority is when the insured believes that agent has authority to act on behalf, when in fact, no authority actually exists
Insurance Contracts: CONDITIONS
Details the duties and rights of the insured and insurer
Insurance Contracts: DECLARATIONS
Includes the name of the insured, description of the property, amount of coverage, amount of premium, term of the policy, inception/termination dates
Insurance Contracts: EXCLUSIONS
This section outlines specifically what will not be covered
Insurance Contracts: RIDERS AND ENDORSEMENTS
Written additions to an insurance contract (customization)
These take precedence over conflicting terms
Who regulates the insurance industry? FED or STATE
State
Valuation of Insured Losses: REPLACEMENT COST
Current cost of replacing property with new materials of like kind