Chapter 2 - Property Basics Flashcards
ACCIDENT
A sudden, unforeseen, unintended and unplanned event from which loss or damage results
ABANDONMENT OF PROPERTY
Specifies that the insurer is not obligated to accept any property abandoned by an insured
ACTUAL CASH VALUE (ACV)
The cost to repair or replace property at its replacement value, minus depreciation
2.2
ADDITIONAL COVERAGES
Additional coverages are automatically included in property policies without an additional premium. The type of additional coverages depends upon the type of policy. Additional coverages are paid in addition to those stated in the insuring agreement and include debris removal, collapse, and fire department service charges.
2.4
AGREED VALUE
The insurance company and insured agree to a specific value of a particular property before the policy is issued. If a total loss occurs, the insurer will pay the Agreed Value
APPRAISAL
If the insurance company and insured cannot agree on the amount of a loss, either party may request an appraisal. Each party selects its own appraiser and the appraisers select an umpire. Agreement by any two parties settles the loss. Each party pays the cost of its own appraiser and shares the costs of the umpire and the appraisal. Appraisal is a dispute resolution method and is not used to determine whether the policy provides coverage for a loss
ARBITRATION
Process whereby a disputed claim is decided by a neutral third party. The disputing parties choose the impartial third party and agree in advance to accept the final decision of the arbitrator, who makes a decision after a hearing where both parties offer evidence.
ASSIGNMENT
Specifies that the insured may not transfer rights of ownership without the insurer’s prior written consent.
Example: a business owner cannot sell his business and then transfer ownership of the business’ general liability insurance policy to the new owner without the written consent of the insurance company
BAILEE
A person or any organization to which property has been entrusted, usually for repairs, servicing or storage. Because bailees are legally responsible for property in their care, property insurance policies specifically exclude coverage for property in the care of a bailee
BAILOR
A person or organization that entrusts property to a bailee
BANKRUPTCY CLAUSE
Specifies that bankruptcy or insolvency of the insured does not relieve the insurer of any of its duties or obligations under the policy
BINDER
A legal agreement issued by an insurance company or a producer that provides temporary proof of insurance until the insurer is able to issue an insurance policy. Binders are issued for specific time periods (maximum of 60 days) and automatically end when the policy is issued. Binders contain the name of the insurer, the amount and type of insurance, and the perils insured against
BLANKET LIMIT
Insures property located at more than one location OR more than one type of property at the same location OR both. For example, the $1 million blanket limit applies to two separate buildings at two separate locations, as well as the business personal property contained in each building
2.3
BURGLARY
The taking of property from inside the premises or a locked safe or vault by a person who commits forcible entry into, or exit from, the property of another while trespassing
CANCELLATION
The termination of an insurance policy before its expiration date. Once cancelled, a policy provides no coverage. A policy may be cancelled by the insured or insurer
CHANGES
Any changes to the policy must be made in writing by the insurer
COINSURANCE
A provision contained in most policies insuring commercial property, and is used to encourage the insured to purchase and maintain insurance to value, and to establish the basis of payment in the event the insured fails to maintain a specified percentage of that value. The higher the coinsurance percentage the insured agrees to purchase, the lower the rate that the insured pays for the insurance. Coinsurance applies only in the event of a partial loss, as total losses typically are paid in accordance with the Valued Policy Law
2.5
CONCURRENCY/CONCURRENT POLICIES
The existence of two or more policies covering the same exposures, having the same policy periods, and the same coverage triggers. For example, if an auto policy and an umbrella policy are written with the same policy dates, they are considered to be concurrent
CONCURRENT CAUSATION
A principle holding that when two perils simultaneously cause a loss (i.e., they are both considered the proximate cause of loss), the insurer must pay the loss even if one of the perils is excluded by the policy
CONDITIONS
The conditions section states the obligations of the parties to the contract, as well as any other conditions of coverage.
The insureds duties and obligations are spelled out in this section
*Policy Period – Specifies that coverage only applies to losses occurring when the policy is in force.
*Concealment or Fraud – Specifies that coverage will not apply if an insured makes a material concealment, misrepresentation, or fraud in the application pertaining to the claim.
*Liberalization Clause – Specifies that if the insurer broadens coverage with no increase in premium, that broadening of coverage will apply to existing policies without the need for an endorsement.
*Cancellation – Specifies the terms under which the policy can be cancelled by the insurer and the named insured
2.4
D.I.C.E - The structure of a standard property insurance policy
- Declarations; such as Location of insured property & named insured
- who, what, when, where, and how much - Insuring Agreement; such as Promise to pay & description of covered perils
- company’s promise to pay and perils covered against - Conditions; such as Duties of the insured & liberalization clause
- duties and obligations of the insured and insurer - Exclusions; such as Intentional loss and ordinance of law
- perils not covered under the policy and what we don’t pay for
DEATH
Specifies that in the event of the named insured’s death, the insurer will extend coverage to the legal representative of the deceased with respect to the premises and property covered under the policy at the time of the named insured’s death
DECLARATION PAGE
*Who – Names the insurer and insured, including legal representatives in the event of the insured’s death.
*What – A description of the property being insured and other parties having insurable interests, such as a mortgagee.
*Where – The location of insured property and the named insured’s mailing address.
*When – The effective and expiration dates of the policy.
*How Much – The limits of liability insuring covered property and the annual premium for each type of coverage.
2.4
DEDUCTIBLE
The specified amount of each loss that the insured must bear
In property insurance (and with a per claim, or per occurrence, deductible), the insurer subtracts the deductible from the amount of loss when making payment. By accepting a larger deductible, the insured’s premium may be reduced. An insurer may require a larger deductible as an underwriting tool to limit small claims
2.1
DEFINITIONS
Words, terms, and phrases that are clearly described and used in an insurance policy for the purpose of clarifying the intent of the insurer and to avoid coverage disputes with respect to the extent of coverage provided by the policy. Most policies contain a definitions section in the policy and emphasize policy definitions by enclosing them within quotes or highlighting them with bold text
DIRECT LOSS
Causes damage without an intervening cause
2.2
DUTIES IN THE EVENT OF LOSS
Specifies the obligations of the insured in the event of a loss. With respect to any loss, these obligations include:
*Giving prompt written notice to the insurer, including a complete description of how, when, and where the loss or damage occurred
*Notifying the police if a theft occurred
*Cooperating with the insurer in the investigation and settlement of the loss
*Protecting property from further damage
*Preparing an inventory of the damaged property
*Allowing the insurer to inspect any damaged property and examine books and records
*Submitting proof of loss to the insurer, including:
The time and cause of loss
Any other insurance that may cover the loss
Any appropriate receipts, evidence, or affidavits to support the loss
ENDORSEMENT
A policy form that alters or adds to the provisions of a property and casualty insurance contract
2.1
EXCESS INSURANCE
Any form of insurance coverage that provides protection against certain perils or causes of loss ONLY after loss or damage exceeds a stated amount or the limits stated in specific policies or self-insurance. Excess insurance may be written over primary, excess, or umbrella insurance
FIRE RESISTIVE
The entire building and roof are constructed of reinforced concrete and steel. Must have at least a 2-hour fire resistive rating.
FLAT CANCELLATION
A cancellation of insurance that is retroactive to the effective date of the policy. No coverage is provided and the insurer must refund the policy premium paid by the insured