Chapter 1 - General Insurance Flashcards

1
Q

Insurers (Insurance Companies or Carriers)

A

Provide insurance coverage by issuing particular insurance policies or contacts

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2
Q

Insurance Agencies

A

Are independent sales organizations that provide service and distribute insurance policies to consumers

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3
Q

Insurance Agents or Producers

A

Are licensed individuals representing an insurance company when transacting insurance business

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4
Q

Insured

A

Person or entity that has insurance protection under a policy for a covered loss

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5
Q

Insurance is regulated at what level and what branches

A

State level

Branches:
Legislative
Judicial
Executive

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6
Q

Legislative branch

A

Writes and passes state insurance laws, or status, designed to protect the insuring public

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7
Q

Judicial Branch

A

Interpreting and determining the constitutionality of the statutes

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8
Q

Executive Branch

A

Enforce the existing statutes that have been put in place

Commissioner, Director, or Superintendent- has power to issue rules and regulations

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9
Q

National Association of Insurance Commissioners (NAIC)

A

Regulatory support organization created and governed by the the chief insurance regulators and commissioners from the 50 states

Provides resources, research, legislative, and regulatory recommendations and interpretation for state insurance regulators

Members may accept or reject recommendations but have no legal authority to enact or enforce insurance laws

Primary goal= promote state uniformity

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10
Q

Stock Insurance Companies

A

Owned by stockholders

Traditionally insurers issue non-participating policies

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11
Q

Mutual Insurance Company

A

Owned by policyholders (members)

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12
Q

Policyholders

A

Considered the owners, but do not directly manage the company

Board of Directors is elected by the policyholders to manage the company

If declared by the board, policyholders may receive non-taxable dividends as a return of unused premium

Mutual insurers typically issue participating policies

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13
Q

Fraternal Isurers

A

Know as Fraternal Benefit Societies

Primary social organizations that engage in charitable and benevolent activities that provide primary life insurance to its members. Usually organized on a nonprofit basis

Membership is typically drawn from members of a given religious organization, lodge, order, or society

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14
Q

Domicile

A

Refers to location or jurisdiction ( state, district, territory, or country) where an insurer is formed or incorporated

3 types:
Domestic
Foreign
Alien

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15
Q

Domestic Insurer

A

Organized under law of state in which it is placing business in that particular state

Can only be domestic to the state it is incorporated

Ex. Organized in TX is domestic in TX

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16
Q

Foreign Insurer

A

Business anywhere within the US other than the state it was organized and incorporated

Ex. Incorporated in NY is foreign in TX

17
Q

Alien Insurer

A

Placing business within the US which was organized under the laws of anther country

Ex. Incorporated in Canada is considered alien to TX

18
Q

Admitted/Authorized Insurer

A

Approved to transact insurance in a given state if it has been granted a CERTIFICATE OF AUTHORITY from that states department of insurance

19
Q

Non-admitted/Unauthorized

A

Not authorized to transact insurance in a given state, either by failing to comply with state requirements or not seeking admission

20
Q

Fair Credit Reporting Act

A

Protects the consumers right to privacy of credit and financial information

Credit reports may be obtained only to determine the financial and moral status of an applicant

21
Q

US Patriot Act and Anti- Money Laundering (AMIL)

A

Passed to detect and prevent laundry money

Financial institutions and insurance companies are required to provide (AML) training since insurance products are now being used to give legitimate appearance to money financed by illegal activities

22
Q

Insurance Contract

A

Insurance policy is a legal contract between 2 parties

23
Q

Principle of Indemnity

A

Indemnify- Compensation for a loss or to make whole again

Insurance is designed to restore an insured to the same physical or financial condition which existed prior to the loss (without a profit or gain)

24
Q

Elements of Legal Contract

A

Competent Parties

Legal Purpose

Agreement (Offer and Acceptance)

Consideration

25
Q

Contract of Adhesion

A

Written by 1 party without any input from the applicant

“Take-it-or-leave-it”

26
Q

Aleatory Contract

A

Based on an uncertain event or “by chance”

Can’t be know. In advance whether the insurer will have to pay a loss during the policy term

27
Q

Unilateral Contract

A

Only 1 party is Leah ally bound to the contractual obligations

As long as all conditions are met by the insured, the insurer makes an enforceable promise of future performance and can be charged with a breach of contract if those obligations are not met

28
Q

Conditional Contract

A

Both parties must perform certain duties to make the contract enforceable

29
Q

Material Risk

A

Involving the rating of an acceptable risk, or the decision as to weather to accept or decline a risk

30
Q

Warranties

A

Material statements in the application or stipulation in the policy that are guaranteed true in all respects