Chapter 3 Flashcards

Property & Liability Basics

1
Q

Property Insurance Policy

A

Provides protection against losses resulting from damage to or loss of insured’s property.

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2
Q

4 Policy Sections that most Property Insurance Policies include….

A

1) Declarations
2) Insuring Agreement
3) Conditions
4) Exclusions

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3
Q

2 Types of Property Insurance Policies

A

Named Peril and All-Risk Basis

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4
Q

Named Peril

A

Policy covering named perils will specifically list the perils insured against.
(Specified in peril contract)

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5
Q

All-Risk Policies (Basis)

A

Protect insured against any possible type of loss EXCEPT perils specifically excluded. (Open perils policies)

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6
Q

Loss Settlement

A

Loss will be settled on Actual Cash Value or Replacement Cost basis depending on the contract.

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7
Q

Mono-Line Policy

A

Cover’s insured’s property only, less any deductible.
(ie. dwelling policy)

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8
Q

Multiple-Line Policy

A

Provides more than one “line of property.
(ie. package policies)

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9
Q

Definitions

A

Located within the conditions section of the policy.
Includes: named insureds under policy, covered premises, policy territory, policy period.

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10
Q

Endorsement

A

Additional attachment to policy which modifies standard coverage or alters existing coverage in policy in some fashion.
*Note: mostly effect at beginning of policy but some may be added during policy

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11
Q

Liability Insurance Basics

A

Section B of Chapter 3

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12
Q

Third Party Negligence

A

Person suffering injury who has right of legal action against insured.
*Note: Liability insurance contract is two-party contract that make claim payments to a insured third party.

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13
Q

Tort

A

Wrongful act or omission that invades legally protected right.T

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14
Q

Torts Classified As……

A

1) Unintentional Torts (negligence)
2) Intentional Torts (slander)
3) Libel or other forms of defamation and strict liability

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15
Q

Negligence

A

Individual who has been reckless or careless that has failed to do something.
***Note: Known as a morale hazard; tort or civil wrong committed against another party

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16
Q

2 Types of Negligence

A

Contributory & Comparative

17
Q

Contributory Negligence

A

Prevent an injured third party from recovering damages from insured if insured party was in any way responsible for the loss.

18
Q

Comparative Negligence

A

Amount of recovery by an injured third party will be arrived at in a court proceeding.
*Note: Court will determine what award damages are proportionate of each party

19
Q

Intervening Clause

A

Defendant possess no liability if injury to third party is caused by separate unrelated cause which interrupts series chains of events and begins new series

20
Q

Damages

A

Awarded when court determines a party has been injured.

21
Q

2 Types of Damages

A

Compensatory & Punitive

22
Q

Compensatory Damages

A

Award to injured party or compensation for loss suffered.

23
Q

CD can be referred to as special & general

A

Special: Compensatory that are tangible, specific, measurable, or economic $ amount.
General: Intangible types of loss that are non-economic or non-measurable that include pain and suffering, loss of consortium or mental anguish

24
Q

Punitive Damages

A

Additional damages awarded by court as punishment against party causing injury.
Note: awarded over and above any other damages awarded.

25
Q

Statue of Limitations

A

Unqualified defense to legal action will result if individual fails to commence legal action within particular states SOL

26
Q

Limits of Liability

A

Amount of coverage.
- maximum amount payable under insurance contract

27
Q

Liability Coverage Includes…

A

1) Combined Single Limit
2) Split Limits
3) Aggregate Limits

28
Q

Combined Single Limit

A

One amount which will be paid per occurrence for covered bodily injury or property damage of others

29
Q

Split Limit

A

Subdivided into a coverage limit for bodily injury per person and per occurrence and separate limit property damage

30
Q

Aggregate Limit

A

Provide max limit of liability for total amount of losses occurring during policy period

31
Q

Strict Liability

A

Imposed without regard to fault. Injured party will be awarded damages even though other party did nothing legally wrong to cause injury

32
Q

Vicarious Liability

A

Negligence of person engaged by an insured to perform work.

33
Q
A