Chapter 3 Flashcards
Insurable Interest
Financial interest in the subject of the insurance
Underwriting
Hazard recognition and evaluation, risk selection, pricing and determination of policy terms and conditions
Loss Ratio
percent of premiums used to pay claims
Rates
Price of insurance for each unit of exposure
Types of Rates (2)
Class - Rates apply to all members of a wide group of consumers having similar exposures
Judgement - These rates are partially or exclusively based on judgement
Rating Organizations and Rating Bureaus
Both save insurance companies time and money by gathering and analyzing statistical data for rate-making purposes.
Independent Filings
Companies prefer to make their won rating filing
Deviate
Companies charging higher or lower rates than the recommended benchmark rate.
Physical Hazard
Something that can be seen, touched, or felt that increases the probability or severity of loss
Moral Hazard
Past attitude. History of crime
Morale Hazard
Present attitude. “I don’t care” attitude.
Property vs. Casualty Insurance
Property portion - protects for direct losses to the property they own. Land and buildings.
Personal Property - contents of a dwelling or an auto
Casualty Portion - protection for injuries or damages the policy holder is legally liable for.
Tort - Wrongful act committed by one party against another, other than a crime.
Negligence
Failure to exercise the standard of care required by law to protect others from harm.
Elements of Negligence (4)
The existence of a legal duty to act or a standard to care
Failure to perform a legal duty.
Actual damages or injuries sustained
Proximate cause relationship between the negligent act and the resulting damages
Proximate Cause
Unbroken connection between the peril and the loss
Ensuing Loss
Caused by a peril after, or as a result of an initial peri;. (earthquakes causes a fire)
Assumption of Risk
A person may not recover for an injury received when he voluntarily exposes him/herself to a known and present danger
Comparative Negligence
Laws permit the injured person to recover damages even though he/she contributed to the accident
Contributory Negligence
A person cannot recover from the other party if that person contributed in anyway to the accident.
Intervening Cause
independent cause of injury that intervenes between the original wrongful act and produces a result that would not have otherwise followed.
Statue of Limitations
Legal actions against an insurer has to be within two years and one day.
Compensatory damages (3)
A combination of special and general damages and are design to compensate an individual
Special damages - Compensate the victim for itemized losses
General damages - Cannot be specifically itemized. Such as pain and suffering
Punitive damages - gross negligence and are intended to punish the wrongdoer
Absolute (Strict) Liability
Activities impose liability without regards to fault or negligence.
Vicarious Liability
Liability that is imposed on one party as a result of the actions of another
Split Limits
Separates limits apply to bodily injury (BI) and property damage (PD)
Combined Single Limits
A single limit applies to both bodily; injury and property damage arising from a single accident.
Aggregate Limit
Maximum amount that would be paid during a policy term for all damages arising out of one or more occurrences.