Chapter 3 - Insurance Products - Types Flashcards
What is the basic characteristic of a liability insurance product.
Provides indemnity where the insured, owing to some form of ‘tort’ (such as negligence), is legally liable to pay compensation to a third party.
List 10 types of liability cover.
Employers’ liability
Motor third party liability
Public liability
Marine and aviation liability
Product liability
Professional liability / E&O liability
Directors and officers liability
Employment practices liability
Environmental liability and pollution liability
Cyber
Will the legislation (for the country) impact the extent of any legal liability, for a particular product?
Yes, for example for Marine and Aviation liability International laws may prevail, however, for 3rd party motor or employers’ liability, national laws may apply
What is the basic benefit under a liability product? What may the benefit be subject to?
An amount to indemnify the policyholder fully against a financial loss, subject to any statutory requirements. The benefit may also be restricted by:
- a max indemnity per claim or per event, or an aggregate maximum per year.
- An excess
There may need to be further payment of premium or else cover may be terminated once a claim is paid, this will depend on the reinstatement clause.
Legal expenses relating to the liability will also be covered.
Cover will be void on any illegal negligence, I.e. crashed while driving drunk.
What is employer’s liability? Explain how benefits may be paid out and what costs may be covered. How is it different from workers compensation?
Employers liability will indemnify the insured against any legal liability to compensate an employee or their estate for bodily injury, disease or death suffered, owing to negligence of the employer, in the course of employment.
Benefits can be:
- regular payments to compensate for disabilities that reduce the employee’s ability to work
- lump sum to compensate for permanent injuries to the employee or death
Care costs will also be covered.
Legal costs are covered.
The difference between employers’ liability and workers’ compensation is that employers’ liability will only pay out in the case of an employer’s negligence (e.g. in the UK). Whereas, workers’ compensation will cover losses merely have to been suffered in the course of employment (e.g. in thr US)
What is 3rd party motor liability? What is the form of benefits paid out?
The cover aims to indemnify the owner of a motor vehicle against compensation due to third parties for personal injury or damage to their property.
Benefits can be payable:
- in regular intervals (loss of earnings)
- lump sum (property damage)
- related to care costs (hospital visits, medication, care etc)
It most countries this is compulsory cover and needs to be purchased, e.g. in the UK.
Cover is widely available in the UK for that reason
What is Marine and Aviation Liability?
What are P&I clubs for ship owners?
The insured is indemnified against the legal liability to compensate a third party for bodily injury, death or damage to property arising out of operation of the vessel or aircraft. The third parties include, but are not limited to, passengers.
Large marine liability insurnace is covered by Protection and Indemnity clubs (P&I clubs). These are mutal associations of ship owners that provide cover their members on a pool basis.
What is public liability insurnace?
Thr insured is indemnified against the legal liability for the death, or bodily injury to a third party or damage to property belonging to a third party, other than those liabilities covered by other liability products.
State the two main types of cover under a public liability product?
These are;
- the risk at insureds own premises
- the risk when work is carried out by the insured away from their premises
What is product liability? What other costs may be covered under the policy?
This product aims to indemnify the insured against the legal liability for the death, or bodily injury to a third party, or damage to property belonging to a third party, that results from a product fault.
These policies will also cover any legal costs and any costs related to product recall.
What is Professional Indemnity insurance?
This cover aims to indemnify the insured against legal liability for losses resulting from negligence in the provision of a service. The insured any be a firm (of professionals) or a professional providing a service.
E.g. poor medical treatment, or incorrect advice from an accountant.
This cover is compulsory for many professionals by law/or their professional bodies.
Referred to as E&O cover in many jurisdictions.
What is directors and officers (D&O) cover
This aim of this cover is to indemnify the insured against the legal liability to compensate third parties owning to any wrongful act of the insured in their capacity as a director or office of a company. The insurnace is personal to the director/officer, but is usually bought by the company for them.
Explain the 3 types of cover under a D&O policy?
- Side A: coverage for individual directors
- Side B: coverage for the company where it is indemnifying the directors of the company
- Side C: coverage for the company to protect against securities actions
Securities action is a lawsuit filled by investors who bought/sold the company stock and suffered financially as a result.
What is Employment practices liability (EPL) cover?
It is a form of D&O insurance, specifically covering risks relating to employment practices.
It indemnifies the company and directors against the liabilities for the legal costs and subsequent awards for defending employment-related claims.
What is environmental liability cover?
This cover aims to indemnify the insured against the legal liability to compensate third parties as a result of bodily injury, death and damage to property as a result of unintentional pollution for which the insured is deemed responsible.
Costs of cleaning up the pollution as well as paying any regulatory fees may be covered.
Gradual and sudden pollution will both be covered.
What is Cyber liability cover? And how is it usually sold?
This cover aims to indemnify the insured against losses incurred as a result of a specified cyber or data loss event. Along with any legal expenses and fines.
The product is sold as a standard alone policy by service providers (I.e. in addition to any service/product they may provide).
The aim of the cover is to protect a business if it experiences a data breach or is subject to an attack by a malicious hacker that affects its computer systems. The cover will aim to get recontrol of the systems and pay any costs relating to this.
What are the insured perils under an Employers liability agreement? (3)
- accidents caused by the negligence of the employer or other employees
- exposure to harmful substances
- exposure to harmful working conditions
What are the two perils covered under a motor third party liability insurance?
- loss or damage to the property of third parties caused by the insured vehicle
- death of bodily injury to a third parties caused by the insured vehicle
What are the main perils under a marine and aviation liability policy?
- loss of, or damage to, passengers property, including luggage
- bodily injury or death to a passenger while on board the vessel or aircraft or when entering or leaving the vessel of aircraft
- bodily injury caused by the vessel or aircraft
- damage to property caused by the vessel or aircraft
What are the perils covered under a public liability policy?
It will usually depends on the type of policy. The policy will typically not have named perils but perils may be excluded.
What is usually covered under a product liability contract?
- faulty product
- faulty manufacturing
- fault packaging
- incorrect and misleading instructions
What perils may be covered in a PI policy?
This will usually depend on the profession the insurer is providing insurnace for.
E.g. for medics, cover may include wrong medical diagnosis
Or for actuaries, cover may include error in actuarial report
For a D&O policy, what may be covered (i.e. the perils)? (3)
- continuing to operate in circumstances when it should have been declared insolvent
- any act resulting in the insured being declared unfit for their role
- allowing false financial statements to be published
What perils may be covered in an EPL policy? (6)
Perils will include defending against, and possible settlement costs or, the following:
- unfair dismissal of an employee
- constructive dismissal of an employee
- discrimination against an employee, e.g. lower pay compared to another person doing the same role, overlooked for a promotion
- failure to correctly follow misconduct procedures when dismissing an employee
- failure to comply with working hours legislation
- wrongful demotion