Ch.3- Role of government in the insurance industry Flashcards
Role of federal government
Role of provincial governmetn
- supervising terms + conditions of insuance contracts
- licensing of insurers
- monitoring financial stability of provincially licenced insurers
solvent
able to fulfill fnancial obligations
PACICC
- Property And Casualty Insurance Compensation Corp
- if insurer goes bankrupt-> PACICC pays all VALID claims
- Max $250,000 on all claims from single occ.
- refund up to 70% unearned premiums
Fiduciary
- a person who handles other ppls money
- i.e insurers, brokers
- comsumers expect premiums paid fwd to insurer + that they keep portion to pay claims
Fiduciary responsibility of insurers
- premiums paid not fully earned till expiry of policy (held in trust)
- if only 1 mth of policy has passed, then only 1/12th earned, the rest is UNEARNED and held in trust
Fiduciary responsibility of Brokers
- Commisions not fully earned until expiry of policy
- broker deducts commission from pmt to insurer
- keeps earned commission only
Insurnace act
Legal rules governing operation of insurance industry
Insurance contracts rules (7) List
- Contents of insurance policies legislated
- Removal coverage legislated
- Limitation of liability clauses- Usage legislated
- Right of subrogation legislated
- Waiver of term/condition
- Effect of delivery of policy
- Policies Insuring fie peril
- basic covergaes legislated
- standard exclusions legislated
- Statutory conditions
- Contents of Insurance Policies legislated
- parties to the contract (insurer/insured)
- policy period (start/end date, effective time)
- Loss payable/Payee (if any)
- Types of insurance Coverages + amts
- rate premium charged (amount + method/rate)
- Sunjectb matter of insurnce (items insured, location of insured items)
- Removal coverage legislated
?? insert pic ??- imnsured property can be removed to protect it???
- conditions applying to removal clause
- insurer extend coverage to a location NOT insured when property necessarily removed from locations to prevent loss/destruction/damage
- amt of ins left for any loss @unamed location is reduced by amt paid for loss at original location
- obligation of insurer to extend insurnace to property at unanmed location is oy for 7 days or expiration of polciy
- Limitation of liability clauses
requires contract to be stamped/printed on its face in red ink:
“this policy contains a clause that may limit amount payable”
clauses cause amot for loss tp be less thaan what it was purchased for
- Right of subrogation
- Subrogations: put yourself in anothers shoes
- any action taken aainst responsible party is taken in insured name
- Waiver of term or condition
- interim changes to policy- only under signature of person authorized for that purpose by insurer (i.e broker -me)
- Effect of delivery on policy
- once policy delivered, even if not paid for, its still binding to insurer
- Policies insuring fire peril (i) basic coverages legislated
friendly fire vs hostile fire
- basic coverages legislated (statutory)
- fire
- lightning (direct only)
- Explosion of natual gas/coal)
- 2 sources of fire:
- friendly fire (contained)
- hostile fire (Escapes/spreads)
- hostile fires covered
- fire not defined, req ignition or burning
- Policies insuring fire peril (ii) standard exclusions legislated
- application of heat (if directly applied; resulting damage covered)
- lightning damage to electrical devices/appliances (only direct damage by actual lightning)
- electrical currents (other): no coverage if caused by artificially generated sources of electricity like hydro
- contamination by radioactive materail
-
war
- see list in book
- Policies insuring fire peril (iii) statutory conditions (15)
- Misrepresentation
- property of others
- change of interest
- material change
- termination
- requirements after loss
- fraud
- who may give notice + proof
- salvage
- entry/control/abandonment
- appraisal
- when loss is payable
- Replacement
- action
- Notice
Statutory condition #1- Misrepresentaion
Statutory condition #2- Property of others
Statutory condition #3- Change of interest
Statutory condition #4- Material change
Statutory condition #5- Termination
Statutory condition #6- requirements after loss
Statutory condition #7- Fraud
Statutory condition #8-who may give notice + proof
Statutory condition #9- Salvage
Statutory condition #10- Entry, control, abandonment
Statutory condition #11- Appraisal
Statutory condition #12- When loss is payable
Statutory condition #13- replacement
Statutory condition #14- Action
Statutory condition #15- Notice
Mortgagor
- owner
- lessor
- bailor
Mortgagee
- NOT owner
- Lessee
- bailee
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