CH 10 Flashcards
To whom is policy issued to
To the insured and insurer so as they are clear to the terms and conditions of the contract, they have entered
In which form are policies issue
In a scheduled form, in that the policy wording is pre-printed in a booklet and a schedule is incorporated at the end of the policy
What does the policy schedule contain
It contains all the variable information concerning the insured and the risk insured and signifies which sections of the policy are operative
What determined policy schedule style
The company or corporate approached to documentation, some produce A4 format, others produce smaller A5 booklet form
What determines the policy schedule length
It is determined more by the actual class of business than by corporate attitude
What is the basic structure of all general insurance policies?
- heading
- recital clause
- signature
- operative clause
- exceptions
- conditions
- policy schedule
- information and facilities
Each policy has a heading, what must it include
The name of the insurer and address and company Logo
What does the recital clause entail?
It sets the scene for what follows in the policy by referring to the two parties (insured and insurer),coming together to form the contract by which insurer in return for premium, undertakes to indemnify the policyholder according to the cover details
The recital clause will often set out the constituent elements that together make up the contract that is
- policy conditions
- schedule applicable to the insured
- proposal confirmation
The recital clause reminds and emphasizes the insured to check the accuracy of the proposal confirmation content failure to do that will result to what action
- the policy being invalidated
- claim being rejected
- claim not being paid in full
Where can you find the signature of an official from the insurer
Under the recital clause or close to it
Signatures are no longer a common practice, however where can they be found
They can be found in Certificates of Insurance usually with a pre-printed signature
What does operative clause entail?
It describes the scope of cover in detail, they are the heart of the policy describing what the policy covers
How many operative clauses may there be?
It depends on the class of business, there may be one clause outlining cover or a number of clauses (motor and household policies) all dealing with the different aspects of insurance , also containing exceptions that are specific to each individual operative clause
Each Operative clause within policy begins with which word
-“The Company Will” for insurance companies and “We underwriting Members” in respect of Lloyd’s underwriter, and then stating what the insurer/underwriter promises to do
As insurers are increasingly committed to make policy wordings simpler how have they re-styled their language
Using the word “we’ instead of the insurer and “you” instead of the insured
How long do policy conditions apply?
They apply throughout the policy period
What are the two types of policy
Implied Condition and Express Condition
What are express conditions
These are the ones stated in the policy
What are Implied Conditions
These conditions exist whether they appear in the policy or not
The implied conditions include
- The insured must act as if uninsured and not use insurance as an alternative to be act prudently
- insured may be required to advise appropriate authorities, depending on the circumstances
- insured must take reasonable care but not if it endangers them
- insured should not hinder the insurer in their claim investigation
What is the policy schedule?
This is where the policy is made personal and specific to the insured
What are the variable details of the policy, within a policy schedule?
- insured’s name
- insured’s address
- policy period
- premium
- details of the subject matter
- sum insured/limit of liability
- policy number
- territorial limits if any
- reference to special exclusions, conditions or aspects of cover
- operative sections of the policy
What are specific exclusions?
Also known as a exception, these apply to particular parts of the policy, they are specific to that type of insurance and will not necessarily apply to other forms of insurance
What are General Exclusions
These are exclusions which apply to the entire contract
How do General Exclusions enable the insurer?
It enables the insurer to repudiate all liability under the policy, irrespective of the section of the policy concerned
What is another term for General Exclusion?
It is also termed as Market Exclusions
Which Market exclusion is standard in Most general Insurance policies?
War and related perils, Radioactive contamination and explosive nuclear assemblies
What type of risk is damaged caused by war civil war perils?
-They are fundamental risk
For War and related peril who is responsible
-It is generally regarded to be the responsibility of the state, the government is to provide compensation for injury and damage occurring in the UK, as a result of any kind of hostilities
Which policies may extend to include war risks?
Marine and Aviation policies
Which Market exclusion is standard in most general insurance property and Motor policies?
Riot and Civil Commotion, unless cover is specified in the policy
Which Market exclusion is not in liability policies
Riot and Civil Commotion
Why have riot and civil commotion always been excluded from property and motor covers
-This Is because of the variable risks of riot at different times and different places
Where can property cover include Riot and Civil commotion s as a risk
-In Great Britain, insurers will provide cover but at a varying rate depending on the area involved, however in Norther Ireland the risk cannot be extended
How is cover provide for Radioactive contamination and explosive nuclear assemblies
- It is provided by a system of market pools, in which insurer and re insurers accept a share of risk suited to their underwriting capacity
Terrorism is an exclusion for which insurance contract mainly
Property Insurance policies
Which initiative bought about arrangements for insuring against acts of terrorism in England,Wale sand Scotland
- Following joint Government/Insurance Industry initative
Who backs up full/partial cover for the material damage risk of terrorism
Specialist re insurers(Pool Re) and the Government
What is Pool Re
This is a mutual reinsurance company,that provide cover for all risks perils linked to terrorism
Originally what type of covers did Pool Re provide
It provided limited cover for property damage and business interruption resulting from fire or explosions caused by terrorists actions
Insurers that participate in the scheme offer terrorism cover as
They offer it as part of their commercial property policies when requested to do so by their policyholders
If a Terrorism loss occurs what shall the insurer do
Each insurer must pay the losses it sustains up to a threshold,determined individually for the insurer. And if losses are above the threshold insurer is able to claim upon reserves accumulated by Pool Re
If terrorism claim exceed insurer’s reserves accumulated by Pool Re, what’s the next step
Pool Re is able to draw funds from the government to enable it to meet its obligations in full regardless of the scale of losses
Which exclusion is standard for property and liability policies
Pollution /Contamination
However property insurance can provide what type of pollution/contamination cover
The cover provided for pollution that causes an insured peril or which itself is caused by an insured peril
Under public liability policies, what insurers specifically exclude
Insurers make it clear in their exclusions that they intend to cover pollution risks ONLY if they arise from sudden identifiable event, not a gradually operating cause
Which policies exclude marine policies
Property insurance policies
The effect of property policy wording exclusion states
To exclude material damage cover for property that is also covered by marine policy and if the sum available under marine policy is not enough to cover this losses then the property policy will respond but only cover the excess amount
Which exclusion applies to motor and liability policies
Contractual Liability
The exclusion of contractual liability in motor and liability policies states that
Insurer will not cover claims that are payable as a result of an agreement that has been entered into by the insured and extends their responsibilities beyond the position that would arise under the common law
List the most common policy conditions
1.Duties of the policyholder/insured
2.Alteration
3Action by the insured in the event of a claim
4.Fraud
5.Reasonable precautions
6.Contribution
7.Average
8. Subrogation
9.Arbitration
10.Cancellation
What does the alteration policy condition state
Found in most property insurance policies,it extends the duty of fair presentation on a continuing one, requiring insured to notify the insurer of any changes that increase the risk
What is the fraud policy condition
In the event of any fraudulent/false/exaggerated claim, then
- the policy may be cancelled
- claim may be rejected along with subsequent claim
- insurer may retain any premium paid by the insured
The fraud policy condition applies to
It applies only with claims
What does the reasonable precaution condition emphasize on
The insured should act as if uninsured, and not be regarded as an excuse for carelessness or inactivity
The arbitration policy condition deals with
It deals with any disputes that arise to the amount to be paid in settlement of a claim under a policy
What are other methods that insurers rely on to resolve claim settlement disputes
The financial ombudsman Service
How many days is the insurer required to give for cancellation notice to the insured
It gives them a 14 or 7 days notice, it is universal practice to refund pro rata amount to reflect the unexpired time
If the insured cancels the policy before its due to start then
The insurer will return any premium paid in full
If the insured cancels the policy within 14 days of policy starting or the insured receiving the policy documents then
the insurer will return any premium paid less an administration fee
If the insured cancels the policy after 14 days have passed
then the insurer will return any premium paid less administration cost and an amount for the period the policy has been in force
What are the advantages to insurer now that it is not necessary for insurers to be sure that the certificate for cancelled policies are surrendered, if they are to avoid contractual liability
- insurer have greater control and clarity over the period of contractual liability and can more easily reduce the period of statutory
- insurers potential statutory liability can be minimized by immediately updating Motor Insurance Database
What did the FOS rule on administration and cancellation fees, due to much complaint
The FOS advised that the fees have to reflect the cost of the firm and not the nominal amount