chapter 1 Flashcards
What is insurance?
The transfer of risk
Types of risk: pure vs speculative
pure - Only loss could be had
speculative - could have a loss, but could have a gain. (Could never be insured)
Hazards: physical hazard, moral hazards, morale hazards
Physical - ex. been smoking since age 16.
Moral hazard - Someone is lying on the application
Morale hazard - someone not taking caution because they know that if something happens they can just say “whatever I have insurance”
What is a peril?
The cause of a loss.
Property claim vs casualty claim
Property - A claim I am making for my own car, house, etc etc
Casualty - A claim that I am making to pay for someone elses stuff
Indemnity
This is the action of being reimbursed. It replaces what was lost, not give them more than what they previously had
5 elements that make up insurable risk
- ) Risk has to be due to chance (not intentional)
- ) Risk needs to be defintite and measurable
- ) Statistically predictable
- ) Risk cannot be catastrophic
- ) randomly selected
Law of large numbers
The larger the number of people in a group, the more predictable an outcome can be
direct loss vs indirect loss
Direct loss - you have lost your home
Indirect loss - you now have no where to go (new expenses and stuff)
vacant vs unoccupied
vacant - nothing is there. no people or possessions (most policies will say that if the dwelling is vacant for over 60 days it will void the contract)
unoccupancy - The property is still in the house. But the human isn’t
Underwriting
Basically decides how risky you are which determines what your rates are
Loss ratio
(incurred losses + Adjusting expenses) / Earned premium = Loss ratio
Subrogation
Insurer’s legal right to go out and find a third party that wrecked our noobs vehicle. They did something wrong to our noob and then they ran away (hit and run). Subrogation is saying that we can go find that fucker and sue them
Loss valuation methods (5)
- ) Replacement cost
- ) Actual cash Value
- ) Functional replacement - Super rare fire place example
- ) Market Value
- ) Agreed Value (artwork or stuff that fluxuates in value or is difficult to determine value of)
- ) State value (Whatever is stated on policy)
Elements of Negligence (4)
Legal duty
Standard of Care
Proximate cause
Actual loss or damage
Legal duty
The duty to act or not to act (If it snows you gotta shovel da damn driveway)
Standard of Care
Defendant used standard of care that breached legal duty
Proximate causee
Unbroken chain of events that caused damage
Actual loss or damage
The physical loss or damage
2 types of negligence
- contributory (The defendant nothing wrong and is free of fault)
- Comparative (The fault is shared between each party)
Absolute liability
Obviously hazardess activites - The defendant does not need to prove negligence
Strict liability
Product liability. liable for defective parts regardless of fault or negligence
Vicarious liability
If you have kids and your kid F’s up. You are responsible
3 limits of liability (max amount Farmers would pay)
- ) Single (usually on homes)
- ) Split (more common for cars)
- ) Aggregate