Ch : 7 Indemnity Flashcards

1
Q

What is an excess

A

An excess is an amount that is deducted from each claim and is paid by the insured.

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2
Q

In which insurance the principle of losses will b paid in proportion to what the insured has decided to set a sum insured

A

Applies to most Property insurance

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3
Q

Enterprise Act 2016

A

Passed on 4th May 2016 and gives policy holders a legal right to claim damages in the event of a late payment

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4
Q

After the amendment act, every insurers must pay any sum due to their insured within how many days

A

Reasonable time

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5
Q

The maximum amount can be recovered under a property insurance policy is limited to the

A

Sum Insured

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6
Q

In liability policies, the maximum amount that can be recovered is the

A

Indemnity limit plus agreed costs

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7
Q

In which cases indemnity is restricted only by the amount of the court award

A

Third party personal injury cover in a motor policy

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8
Q

Policies which contains limits within the overall sum insured

A

Household contents policy

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9
Q

In the absence of any new fpr old cover the insurers would have agreed to pay the insured

A

Full replacement purchase price , less a deduction for wear and tear and depreciation

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10
Q

In an valued policy ( same as agrees value policy) the insurable value is agreed between

A

Insurer and insured

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11
Q

An in an unvalued policy how is the insurable value

A

Calculated using the formula in the Marine insurance act ( MIA 1906)

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12
Q

In which kind of policy , there is an identifiable insurance value

A

Under Marine : both valued and unvalued

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13
Q

The measure of indemnity for property

A

Value at the date and place of loss

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14
Q

Which item its not possible to insure any kind of reinstatement basis

A

Stock

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15
Q

In which item the insured is entitled to receive any potential profit on sale

A

Farming stock

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16
Q

In which policies principle of indemnity is modified

A

Agrees value policies and first loss policies

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17
Q

If the agreed value is restricted to total loss then the partialoss will be settles on an

A

Indemnity basis

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18
Q

If the policy does not restrict the agreed value to total losses then the claim for damage will be settled on

A

Proportionate basis

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19
Q

Why non life insurance are called short term policies

A

Insurer has the option of inviting renewal at the end of each period of insurance

20
Q

Definition of indemnity

A

Indemnity is financial compensation sufficient to place the insured in the same financial position after a loss as they enjoyed immediately before the loss occurred

21
Q

What are benefits policies

A

Policies providing fixed benefits.Eg Accident and sickness

22
Q

Benefit policies include

A

Personal accident
Sickness
Critical illness
Payment protection indemnity
Hospital cash plans
Permanent health
Elements of travel insurance

23
Q

Several options for the settlement

A

Cash payment
Repair
Replacement
Reinstatement

24
Q

Which types of insurance always involves the payment of money

A

Money insurance
Fidelity Gurantee
Business interruption
Loss of rent
Liability policies ( payment to be made to the wronged party not to the insured )

25
Q

Which insurance its common by providing replacement as a means of providing indemnity

A

Glass insurance

26
Q

Repair is common example in which insurance

A

Motor

27
Q

What is reinstatement

A

Means that the insurer agrees to restores a building ( or piece of machinery) that has been damaged by an insured peril.

28
Q

Reinstatement applies only to

A

Building and occasionally machinery

29
Q

Why property and liability policies are contracts of indemnity

A

A value can be placed on the subject matter insured

30
Q

Which policies are not contract of indemnity

A

Life and personal accident

31
Q

A home insurance policy does not state any specific settlement options.In the event of a claim,the policyholder is therefore

A

Legally entitled to financial compensation

32
Q

Reinstatement is a settlement option which

A

Restores the subject matter to the same condition it was in before the loss

33
Q

Property and liability policies are contracts of indemnity because

A

A value can be placed on the subject matter insured

34
Q

When calculating the indemnity value of a manufacturers stock it will be defined as the cost of raw materials at the time and place of loss plus

A

Labour and costs in respect of work in progress and finished stock

35
Q

For which type of stock is the insured entitled to receive any potential profile on sale

A

Farming stock

36
Q

If an insured does not wish to insure the full value of their stock for theft they are most likely to need an

A

First loss policy

37
Q

If the insured understates the value of the subject matter of the insurance ..its said to be

A

Underinsurance

38
Q

Formula for pro rata condition of average

A

Sum insured ÷ value of goods at risk × loss

39
Q

Average condition cannot be applied to which insurances

A

Liability insurances

40
Q

An insurer would only pay the total sum insured under a policy if the insured suffered a

A

Total loss

41
Q

Why non life policies are called short term policies

A

Because the insurer has an option of inviting renewal at the end of each period of insurance

42
Q

The importance of the principle of indemnity was emphasised by whom and in which case

A

Brett LJ, in the case of Castellain v. Preston (1883)

43
Q

Which policy is a contract of indemnity and of indemnity only

A

Marine and fire policy

44
Q

If settlement option is not available or stated in the policy then on wjat basis the claim will be settled

A

Insured has a legal right to financial compensation

45
Q

Who has indicated what where policyholders do wish to have a replacement they should be allowed to choose where they purchase this and ther are entitled to a cash settlement if they cannot find an acceptable alternative

A

Financial Ombudsman Service

46
Q

In which policy it does not define the financial value of the indemnity

A

Liability policy as its often left for the court to decide

47
Q

Which policy where the indemnity is unlimited

A

Motor liability policy causing injury or death