Chapter 1: General Insurance Flashcards
NAIC
National Association of Insurance Commissioners
FIO
Federal Insurance Office
A group owned insurer whose main activity is risk sharing
Reciprocal insurance company
A _____ insurance company is owned by its policyholders
a) Stock
b) Reciprocal
c) Fraternal Benefits Society
d) Mutual
d) Mutual
Private coverage source of last resort for businesses and individuals who have been rejected by voluntary market insurers
Residual markets
Insurers agree to apportion among them selves those risks that are unable to obtain insurance through normal channels
Risk Sharing Plan
Reinsurance agreement that allows ceding and reinsurance companies the opportunity to negotiate coverage for individual risks
Facultative Agreements
- Independent financial rating services evaluate and rate the financial stability of insurance companies
- Assign rating codes to show financial strength
Financial rating services
If an insurance company wants to transfer all or part of the risk it has accepted, it would buy which of the following types of insurance
a) Residual
b) Reinsurance
c) Reciprocal
d) Insurer
b) Reinsurance
An insurer organized under the laws of this state, whether or not it is admitted to do business in this state
Domestic insurer
An insurer not organized under the laws of this state, but in one of the other states or jurisdictions within the United States, whether or not it is admitted to do business in the state or jurisdiction
Foreign insurer
An insurer organized under the laws of any jurisdiction outside of the United States, whether or not it is admitted to do business in this state
Alien Insurer
Which of the following is an insurance company that is organized under the laws of another state within the United States?
a) Domestic
b) Alien
c) Foreign
d) Authorized
c) Foreign
Oversee the operation of the business
Executives
Gather and interpret statistical information used in rate making. Determines the probability of loss and sets premium rates
Actuarial department
Responsible for the selection of risks (persons and property to insure and rating that determines actual policy premium)
Underwriting department
Responsible for advertising and selling
Marketing/Sales department
Assists the policyholder in the event of a loss
Claims department
Which insurance company department accepts the insurance risk?
a) Executive
b) Actuarial
c) Claims
d) Underwriting
d) Underwriting
- A relationship between two or more parties where one party (the agent or producer) acts on behalf of the other party, known as the principal insurer
- The agent or producer binds the actions and words of the principal
Law of Agency
Producers 3 types of authority
- Express
- Implied
- Apparent
Authority that is written into the producer’s agency contract
Express
Authority the public assumes the producer has
Implied
Authority created when the producer exceeds the authority expressed in the agency contract
Apparent
Which of the following individuals represents the insurance company when selling an insurance policy
a) Producer
b) Broker
c) Adjuster
d) Insurer
a) Producer
Which of the following types of authority does the public assume an agent has when quoting insurance?
a) Authorized
b) Express
c) Implied
d) Apparent
c) Implied
A producer has each of the following responsibilities to the Insurer, except:
a) A fiduciary duty
b) Forwarding premiums to the insurer on a timely basis
c) Reporting material facts that may affect underwriting
d) A duty to recommend only high rate policies
d) A duty to recommend only high rate policies
- When an application is taken, it must inform the applicant a credit report will be obtained. The purpose of this is to determine the financial and moral status of an applicant
- Applicant has the right to review the report
Fair Credit Reporting Act (15 USC 1681-1681d)
Credit reporting agency must reinvestigate within 6 months, of applicant challenges accuracy
Applicant challenge
Agency must forward to applicant inaccurate information given out within previous 2 years
Inaccuracies
Report must not include lawsuits over 7 years old or bankruptcies over 14 years old
Disallowed information
Imposes record keeping and government reporting requirements on banks, financial institutions and non-financial businesses for specific financial transactions and consumer financial records
Financial Anti-Terrorism Act (USA Patriot Act)
- Misstatement of materiel fact by a person who knows or believes that statement to be false
- applications and claim forms must contain a disclosure about how false statements and fraud will be treated by the insurer
Fraud and False Statements (Fraudulent Insurance Act)
Because Workers’ Comp laws do not apply to seamen, the Jones Act allows insured seamen to make claims for injuries suffered during the course of employment
Merchant Marine Act of 1920 (the Jones Act)
Deregulated the trucking industry by prohibiting any entity from interfering with a motor carrier’s right to set its own rates.
Motor Carrier Regulatory and Modernization Act (the Motor Carrier Act of 1980)
- Repealed parts of the Glass-Steagall Act of 1933 to allow the merger of banks, securities companies, and insurance companies.
- The Financial Privacy rule requires “financial institutions,” which include insurers, to provide each consumer with a privacy notice
Gramm-Leach-Bililey Act (GLBA, a.k.a. the Financial Services Modernization Act of 1999)
Established in the Department of the Treasury. The Secretary of the Treasury administers the Program.
“Act of Terrorism” is defined as any act certified by the Secretary of Treasury, in cooperation with the Secretary of State and Attorney General
Not make payments for any portion of the amount of such losses that exceeds $100 billion (cap on annual liability)
The insurer deductible is 20% of all covered losses
Terrorism Risk Insurance Act and its Extensions of 2005 and 2007 (TRIA)
The largest crime bill in U.S. history expands funding to federal agencies such as FBI, DEA, and INS
The act made it a felony for a person to engage in the business of insurance after being convicted of a state or federal felony crime involving dishonesty or breach of trust
Violent Crime Control and Law Enforcement Act of 1994 (18 USC 1033, 1034)
Based on fiduciary relationship of parties and the wrongful acts violating the relationship
Breach of Trust
A federal regulation called the __________ protects consumers privacy
a) Consolidated Omnibus Budget Reconciliation Act
b) Fraudulent Insurance Act
c) Privacy Protection Act
d) Fair Credit Reporting Act
d. Fair Credit Reporting Act
A condition where the chance, likelihood, probability or potential for a loss exists.
Risk
Situations where the chance for loss, gain, or neither loss nor gain occur
Speculative risk
Situations where there is no chance for gain; the only outcome is for nothing to occur or for a loss to occur
Pure risk
Reduction, decrease, or disappearance of value. The basis of a claim for damages under the terms of an insurance policy
Loss
The cause of a loss
Peril
A specific condition that increases the probability, likelihood, or severity of a loss from a peril
Hazard
A physical condition that increases the probability of loss; use, condition, or occupancy of property
Physical hazard
Dishonest tendencies that increase the probability of a loss; certain characteristics and behaviors of people.
Moral hazard
Attitude that increases the probability of a loss
Morale hazard
The condition of being at risk for a loss. Purely by existing, property and people are at risk for loss
Loss exposure
An imbalance created when risks that are more prone to losses than the average (standard) risk are the only risks seeking insurance within a specific marketplace
Adverse selection
Investments of a large number of people may be pooled by use of a corporation or partnership
Sharing risk
Transferring risk from one party to another, such as from a consumer to an insurance company
Transfer risk
Elimination of the risk
Avoid risk
Minimizing the chance of loss, but not preventing the risk
Reduce risk
Assume the responsibility for loss
ex. choosing deductibles
Risk retention
As the number of units in a group increases, the more likely it is to predict a particular outcome
Law of Large Numbers
Dishonest tendencies that increase the probability of loss are what types of hazard?
a) Physical
b) Moral
c) Emotional
d) Legal
b) Moral
Each of the following must be included in an insurable risk, except:
a) Calculable chance of loss
b) Excluded catastrophic perils
c) Large group with dissimilar members
d) Accidental losses
c) Large group with dissimilar members
A legal contact purchased to indemnify the insured against a loss, damage or liability arising from an unexpected event
Exchange of a relatively small and definite expense for the risk of loss that, if it occurs, may be large or small
The insurance contract
Insured is restored to the same financial or economic condition that existed prior to the loss
Principle of Indemnity
The ability of an applicant to meet an insurer’s underwriting requirements
Insurability