Chapter 3 Flashcards
Define risk
The chance of a loss. Specifically, the possible loss or destruction of property or the possible incurring of a liability. Sometimes referred to as the subject of an insurance contract
Peril defined
A peril is an event that may cause injury, loss, or destruction. It may be natural or human made event. A peril may or may not be insurable.
What is a fortuitous event?
The concept of fortuity is fundamental to insurance: insurable perils are accidental events. The property insurance policy is not intended to be a maintenance policy, intentional acts ( for example, arson by the owner) an expected events for example wear and tear on a property are excluded)
Define named perils policy
A policy in which the perils insured against are listed as opposed to one that insured against are listed as opposed to one that insures against “ all risks “
All- risk policy defined
A named given to an insurance policy that covers each and every loss except for those that are specifically excluded. If the insurer does not exclude it, then if is automatically covered. This is the broadest type of policy that can be purchased
What does named perils cover?
Named perils coverage insures against direct physical loss or damage caused by only listed perils. The onus is on the insured to prove the loss or damage was caused by an insured peril and that no exclusion of coverage applies. Names perils tend to vary between personal and commercial property forms
What does all risk coverage cover ?
All risks coverage insures against direct physical loss or damage caused by any peril provided it is not excluded and the insured satisfies the other conditions of the policy. The insured has to prove that loss or damage to the insured property at an insured location occured during the policy term and that the loss was fortuitous. But the onus is on the insurer to prove that an exclusion applies otherwise the physical damage is insured
Specified perils
Perils insured against that are specifically named in a policy losses resulting from the perils listed are covered under the policy. This is the flip side of all risk coverage where losses resulting from the perils listed are excluded
Exclusions
All property policies, whether for named perils or all risks contain exclusions. Exclusions remove certian losses from the policy coverage. Losses are usually excluded in two different ways
- They list types of property that are not insured
- They list perils that are never insured against or sometimes not insured against
Fire - what is a friendly fire or hostile fire ?
Combustion manifested in light, flame, and heat, for useful purposes ( friendly fire ) or destructive purposes ( hostile fire )
What is the first IBCs named perils that is included in all names peril forms ?
Fire. It includes any uncontrolled or unintended ignition, howsoever caused. By the provincial statute, a fire insurance policy may only exclude fire if it results from:
Property undergoing a heat process
Riot or civil commotion, war, invasion, act of foreign enemy, hostilities ( whether war declared or not ) civil war, rebellion, revolution, insurrection, or military power a collection of perils often called war risks
Radio active contamination/ loss by a nuclear incident
What does innocent co- insureds mean?
If the spouse of an arsonist was not involved in the act and didn’t know of it he or she would still be covered for his or her share of the property damage.
Lightening is the second peril included. What does the statute of provincial and territorial insurance acts state?
Provincial and territorial insurance acts, a fire insurance policy must cover loss due to lightening but loss to electrical devices or appliances caused by lightening or other electrical currents are not covered unless fire originates outside the article itself and then only loss caused by that fire is covered
Explosion is the third of IBCs named perils, what is covered under explosion and what is excluded (personal property)
In the insurance acts fire insurance extends to explosion of natural coal or manufactured gas in a building not forming part of gas works, whether fire ensures or not. But this coverage does not apply if the explosion is the result of a riot, civil commotion, or any of the other excluded causes listed for the fire peril. Explosion excluded water hammer ( the shock wave created by closing a faucet or tap )
Commercial property explosion forms
In commercial property forms the explosion peril often excludes loss caused by the explosion, rupture, or bursting of most boilers and pressure vessels and their associated piping and apparatus where the maximum normal internal working pressure exceeds 15 pounds per square inch above atmospheric pressure. The explosion and mechanical and electrical breakdown perils are insured by a specific equipment breakdown policy, which is outside of IBCs scope
Smoke ( 4th named peril )
Smoke is the fourth of IBCs named perils and is included in all the named perils forma. In IBCs named perils forma. Smoke means smoke due to sudden unusual and faulty operation of any heating or cooling unit in or on the premises but not smoke from a fire place. IBCs all risks forms, smoke howsoever caused is covered, except for smoke from agricultural smudging and industrial operations. Loss caused by such is excluded because it comes from a friendly fire
Falling object
Falling object is the fifth of IBCs named perils and is included in all the named perils forma in the IBCs named perils forma falling object means any falling object that strikes the exterior of the building: for example, a tree blown down during a storm and striking the building, causing damage to the building and property inside. The peril would also encompass a strike by meteorite or by an object ejected from an aircraft or from part of decayed satellite
Impact by aircraft or land vehicle
Impact means loss of or damage to insured property causes by being struck by an aircraft or land vehicle. Animals considered personal property are often struck by vehicles. They are not covered under this peril. The perils excludes loss caused by any vehicle owned or operated by the insured or any of the insured employees. Wear and tear such as might occur when delivery trucks repeatedly strike the loading dock and corners of a building are not covered
Riot
Riot Is the seventh of IBCs named perils and is included in all the names perils forma. In the IBCs personal forms ( both for named perils and for all risks) riot is not defined. Still it has precise legal meaning which he briefly states as:
An act or threat of violence by one or more persons who are part of an assembly of three or more persons
That might give rise to damage to property or injury to persons
Strikers inside or outside the premises who have quitted work and locked out employees
Vandalism or malicious acts
Vandalism or malicious acts is normally the eighth of IBCS named perils.
Vandalism means: wilful or malicious destruction of or damage to property. The term malicious damage originally identified a peril in property insurance but was later broadened to malicious acts to better describe the intended scope of the policy protection. Examples of vandalism include: creating graffiti, breaking windows, cutting off power, and deliberately plugging the sink and turning on the water.
Exclusions of vandalism and malicious acts
Occuring while the building is under construction, even if a builder’s risk endorsement has been issued
Occuring while the building is vacant even if a vacancy permit has been issued
Perpetrated by any insured
Causes by theft or attempted theft
Water damage 9th named peril
Water damage encompasses loss of or damage to insured property causes by only the following four scenarios
- Sudden and accidental escape of water from a water main
- Sudden and accidental escape from water or steam from within a plumbing, heating, sprinkler, or air conditioning system or domestic water container located within the dwelling
- Sudden and accidental escape of water from a domestic water container located outside the dwelling example freezing is specifically excluded
- Entrance of water through an aperture creates concurrently with another peril for example, a hurricane blows part of a roof off allowing the storms rain water to enter the interior of the dwelling
Personal property
Legally any property an insured other than real property. More often used to refer to the personal property of family members insured under a homeowner’s policy
Real property
Land and any property that is tangible and usually fixed or attached to land