Chap 2 - Determining Cover Flashcards
Aggregation clause
Dictates how if not all related claims arrising for eg from a single event or cause may be grouped together into a single ‘claim’
Crucial to understand the no. Of excesses payable or for a series of losses whether there is sufficient cover
Contra proferentem rule
Provides for ambiguous terms to be construed in the insureds favour.
EL - minimum cover
El deductible?
5m per elto 1998
Excess or deductible is prohibited
Limit for 3rd party liab motor ins under traffic act
Minimum for 3rd prop damage
Unlimited
1 million
Determine existence of cover
1- is claim covered under t and cs
2- 3rd p only is insured liable
3- what is the value of the claim (investigation and reserving)
4- recoveries- recouping outlays from responsible parties
Policy may express limits as
Any one loss
Each and every claim
In the agg
Typical extensions
Replacement of car keys or house keys (house pol)
Alternative accom (buildings) accidental dam, personal possession cover (buildings)
Health and safety at work, defence costs - el
Cover for temp replacement vehicles - motor
Typical exclusions
More specific cover, other insurance, losses not fortuitous, deliberate acts, dishonesty and fraud, criminal fines and penalties, certain perils, circumstances or claims known pre-inception
Basis on which classes r written
Occurrence
Claims made
Claims made; product recall, pi (claims made or occurrence; product liability, marine liability
Occurring; prop 1st party, BI, El, PL, personal lines, marine hull, marine cargo, motor
Purpose of prompt notification
To provide opportunity to minimise the loss
So insurer can be in position to defend claim properly
To meet court or other deadlines
Preserve subrogation rights
Other uses for claims info
Uw feedback, loss reserving, accounting info, ri info, mgmt relations, customer relations, compliance
Info needed to verify claim
Name of insured. Pol no or reference Date time and place of incident What took place Description of damage Statement from insured Date claim notified