Chapter 4 Flashcards

1
Q

The Actual Cash Value formula is:

Select one:

a. Original cost minus physical depreciation
b. Replacement cost minus physical depreciation

A

The correct answer is: Replacement cost minus physical depreciation

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2
Q

A mortgagee must be given how much notice of cancellation?

Select one:

a. 10 days
b. 20 days
c. 40 days
d. 80 days

A

The correct answer is: 10 days

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3
Q

A mortgagee who is not notified that the policy has been canceled may recover:

Select one:

a. the balance owing on the mortgage
b. the policy limit

A

The correct answer is: the balance owing on the mortgage

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4
Q

Subrogation involves the:

Select one:

a. insured’s suit against the insurer.
b. insurer’s suit against the insured.
c. third party’s suit against the insurer.
d. insurer’s suit against the third party.

A

The correct answer is: insurer’s suit against the third party.

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5
Q

Each of the following is true about the mortgagee EXCEPT:

Select one:

a. The mortgagee must be notified of cancellation or nonrenewal.
b. The mortgagee may file a claim if the insured fails to do so.
c. The mortgagee has an insurable interest.
d. The mortgagee is entitled to coverage which exceeds the policy limits.

A

Remember, we are looking for the false answer with EXCEPT questions. The mortgagee may only collect up to the balance owing on the mortgage debt but certainly cannot recover more than the policy limit.

The correct answer is: The mortgagee is entitled to coverage which exceeds the policy limits.

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6
Q

If a covered peril causes a loss, the Insurer must:

Select one:

a. pay the loss
b. complete a proof of loss form

A

The correct answer is: pay the loss

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7
Q

An Insurer’s required assignment of rights of recovery after paying a claim is:

Select one:

a. salvage
b. coinsurance
c. risk
d. subrogation

A

The correct answer is: subrogation

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8
Q

A Special Form policy covers:

Select one:

a. rats eat wiring insulation.
b. decay that causes a wall to collapse.
c. fungus.
d. termite damage.

A

Special (as well as Broad Form) will cover collapse. However, mold (fungus), insects and vermin are excluded perils.

The correct answer is: decay that causes a wall to collapse.

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9
Q

A process used to negotiate settlement of a claim is:

Select one:

a. appraisal
b. subrogation

A

The correct answer is: appraisal

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10
Q

To guarantee that depreciation will not be a factor in calculating the amount to be paid at the time of a loss, an Insured should purchase:

Select one:

a. Actual cash value
b. Replacement cost

A

The correct answer is: Replacement cost

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11
Q

Which section of the Basic or Broad form policy determines whether a peril is covered?

Select one:

a. Insuring agreements
b. Declarations
c. Conditions
d. Exclusions

A

The correct answer is: Insuring agreements

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12
Q

A covered loss occurs after a policy is cancelled. The mortgagee was not notified of cancellation. The mortgagee may recover:

Select one:

a. $0
b. the balance owing on the mortgage
c. the fair market value of the property
d. up to the policy limits

A

The correct answer is: the balance owing on the mortgage

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13
Q

Basic covers:

Select one:

a. rain which blows in an open window and damages goods
b. water damage when a fire sprinkler system activates due to a fire

A

The correct answer is: water damage when a fire sprinkler system activates due to a fire

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14
Q

Which section of a Special form policy determines whether a peril is covered?

Select one:

a. Declarations
b. Exclusions
c. Insuring agreements
d. Conditions

A

Under a Special Form, the only way we can determine whether a peril is covered is to read the exclusions. If the peril isn’t in the list of exclusions, it will be covered.

The correct answer is: Exclusions

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15
Q

The cost of hiring the umpire is:

Select one:

a. paid by the appraisers.
b. split between the insurer and insurance commissioner.
c. paid by the insurer alone.
d. split between the insurer and insured.

A

Everyone pays for their own appraiser but the cost of the umpire is split.

The correct answer is: split between the insurer and insured.

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16
Q

If your building is destroyed by fire, you must notify the Insurer:

Select one:

a. within 60 days
b. promptly

A

The correct answer is: promptly

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17
Q

Which is an indirect loss?

Select one:

a. a business loses money due to a fire
b. a water pipe breaks on the top floor and floods a basement

A

The correct answer is: a business loses money due to a fire

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18
Q

The Insurer’s recovery from the sale of damaged property is:

Select one:

a. salvage
b. assignment

A

The correct answer is: salvage

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19
Q

Which represents replacement cost?

Select one:

a. Paying for new materials to replace old materials.
b. Reducing payment by depreciation.
c. Denying a claim.
d. Paying market value for a loss.

A

The correct answer is: Paying for new materials to replace old materials.

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20
Q

Under the Business Income Policy’s Arbitration Provision:

Select one:

a. the insured may request arbitration when submitting a claim.
b. either party may request arbitration.

A

I apologize for blindsiding you on this question, but this is what the exam will do. We have covered the Arbitration Provision and you know from the text and video that either party may initiate the arbitration process in any property policy. The old exam questions would have
simply asked if either party can initiate arbitration. However, the newer and tougher questions like to put the arbitration provision within a particular property policy (such as Business Income which we haven’t yet studied) and then ask the same old questions about the arbitration
provision.

So, we have covered the arbitration provision. Just don’t panic when they ask about an Arbitration Provision contained in any of the policies we will later study - the answer is the same in all of the policies, Business Income, Commercial Package Policy, Commercial Crime, Business
Owner Policy, etc., etc.

The correct answer is: either party may request arbitration.

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21
Q

Which is a consequential loss?

Select one:

a. a house collapses due to termite damage
b. lost rental income due to a fire

A

The correct answer is: lost rental income due to a fire

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22
Q

A Broad Form policy covers:

Select one:

a. sonic boom
b. off-premises power failure
c. damage from a broken water pipe
d. water which backs up through a basement drain

A

The correct answer is: damage from a broken water pipe

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23
Q

After a loss, an insured must:

Select one:

a. request an appraisal
b. pay the next premium payment
c. protect the property from further loss
d. notify the Insurance Commissioner

A

Remember that insurance policies are unilateral - only the Insurer makes a promise. The Insured never promises to pay any future premiums.

The correct answer is: protect the property from further loss

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24
Q

Which is true regarding the appraisal provision?

Select one:

a. The Insured may invoke the appraisal provision at the time of submitting the claim.
b. Either party may initiate the appraisal.

A

The correct answer is: Either party may initiate the appraisal.

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25
Q

If the Insured tries to turn partially or totally destroyed property over to the Insurer while demanding full payment is, this could be construed as the Insured’s illegal attempt at:

Select one:

a. abandonment
b. salvage

A

The correct answer is: abandonment

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26
Q

During a fire, one wall of a building collapses and damages an adjacent building. This is:

Select one:

a. an indirect loss
b. a direct loss

A

The correct answer is: a direct loss

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27
Q

A consequential loss is:

Select one:

a. a direct loss
b. an indirect loss

A

The correct answer is: an indirect loss

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28
Q

Each of the following provides coverage over and above the policy limit EXCEPT:

Select one:

a. Debris removal
b. Fire Department Service Charge
c. Preservation of Property

A

Key words “over and above.”

The correct answer is: Preservation of Property

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29
Q

Each is true regarding subrogation EXCEPT:

Select one:

a. It allows larger recovery by the Insured.
b. It upholds the concept of indemnification by preventing double recovery by the insured.
c. It exists in many types of insurance policies.
d. It places the burden of the loss on the responsible third party.

A

The correct answer is: It allows larger recovery by the Insured.

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30
Q

Depreciated value is:

Select one:

a. Replacement cost
b. Actual cash value

A

The correct answer is: Actual cash value

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31
Q

The best example of indemnification is:

Select one:

a. replacement cost
b. actual cash value

A

The correct answer is: actual cash value

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32
Q

If the parties disagree on the amount of the claim, their first step should be:

Select one:

a. arbitration
b. a lawsuit

A

The correct answer is: arbitration

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33
Q

The Insurer may require the responsible party to pay for the loss under the concept of:

Select one:

a. indemnity
b. subrogation

A

The correct answer is: subrogation

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34
Q

Salvage is a right of:

Select one:

a. the insured only.
b. the insurer only.
c. neither the insurer or insured.
d. both the insurer and insured.

A

The correct answer is: the insurer only.

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35
Q

Water damage to a building resulting from fire fighting efforts is:

Select one:

a. an indirect loss
b. a direct loss

A

The correct answer is: a direct loss

36
Q

If the Insured fails to submit a proof of loss, the mortgagee should:

Select one:

a. file a proof of loss form.
b. sue the insurer.

A

The correct answer is: file a proof of loss form.

37
Q

When the insured property is a total loss, who is entitled to the salvage?

Select one:

a. insurer
b. insured

A

The correct answer is: insurer

38
Q

Actual cash value:

Select one:

a. pays Fair Market Value
b. takes physical depreciation into account

A

The correct answer is: takes physical depreciation into account

39
Q

Extended Coverage does NOT cover:

Select one:

a. hail
b. earthquake
c. explosions
d. fire

A

The correct answer is: earthquake

40
Q

Payment of the actual cost to replace an item is:

Select one:

a. Replacement cost
b. Actual cash value

A

The correct answer is: Replacement cost

41
Q

The appraisal provision settles disputes about:

Select one:

a. the extent of loss
b. coverage

A

The correct answer is: the extent of loss

42
Q

The “other insurance clause” reinforces which insurance concept?

Select one:

a. indemnity
b. subrogation

A

The correct answer is: indemnity

43
Q

A sworn proof of loss statement must be submitted within:

Select one:

a. 10 days
b. 30 days
c. 45 days
d. 60 days

A

The correct answer is: 60 days

44
Q

Replacement cost coverage provides:

Select one:

a. Deductions for depreciation.
b. The total cost to repair or replace an item.

A

The correct answer is: The total cost to repair or replace an item.

45
Q

Broad form covers:

Select one:

a. glass breakage
b. Water damage to the floor due to water backing up through a clogged floor drain.

A

Sewer backup is an exclusion in all of our policies - that drain is connected to the sewer system.

The correct answer is: glass breakage

46
Q

A mortgage clause:

Select one:

a. Obligates the Insurer to pay the mortgage payments if the Insured is disabled.
b. Grants the mortgagee specific rights not granted to the Insured.

A

The mortgagee can get paid by the Insurer even if the Insured intentionally torches the property.

The correct answer is: Grants the mortgagee specific rights not granted to the Insured.

47
Q

The policy requires the mortgagee to be notified of:

Select one:

a. losses.
b. cancellation of the policy.

A

The correct answer is: cancellation of the policy.

48
Q

Insurable interest and actual cash value are both related to:

Select one:

a. Speculative risk
b. Peril
c. Law of Large Numbers
d. Indemnity

A

Both serve to make the Insured whole but to not allow the Insured to come out ahead. By requiring an insurable interest, we prevent the Insured from insuring property owned by others. By only paying ACV, we keep the Insured from coming out ahead by getting “new for old.”

The correct answer is: Indemnity

49
Q

After paying an Insured, the Insurer brings suit against the individual causing the loss. This is an example of the exercise of the right of:

Select one:

a. salvage
b. subrogation

A

The correct answer is: subrogation

50
Q

Which is true regarding salvaged property?

Select one:

a. The adjuster is entitled to the property.
b. The Insurer determines what happens to the property.
c. The Insurer must sell it to a salvage firm.
d. The Insured is entitled to the property.

A

The correct answer is: The Insurer determines what happens to the property.

51
Q

After a loss by a covered peril, the Insured demands full payment for damaged property given to the Insurer. This is an illegal attempt at:

Select one:

a. indemnity
b. abandonment

A

The correct answer is: abandonment

52
Q

A policy covers leaky roofs. The insured’s roof leaked after a satellite dish installer improperly mounted a new satellite dish on the roof. The leak damaged the wall, the floor, and a couch. The policy will pay for each of the following EXCEPT:

Select one:

a. the floor
b. the damage to the wall
c. repair of the leaky roof
d. the couch

A

Although the damage from the leaky roof is covered, the Insurer is not expected to repair the leaky roof. Likewise, if a water pipe breaks, the Insurer will cover the damage caused but the Insured is expected to repair the broken pipe.

The correct answer is: repair of the leaky roof

53
Q

The burden of proving a loss rests on the:

Select one:

a. insurer
b. insured

A

The correct answer is: insured

54
Q

Which is an indirect loss?

Select one:

a. heavy snows cause a roof to collapse
b. a fire causes a business to close
c. smoke from an oven damages living room drapes
d. water damage from firefighters

A

The correct answer is: a fire causes a business to close

55
Q

Subrogation involves transfer of whose rights?

Select one:

a. Insured
b. Insurer

A

The correct answer is: Insured

56
Q

Firefighter damage to an insured property is an example of:

Select one:

a. consequential loss
b. indirect loss
c. direct loss
d. an exclusion

A

The correct answer is: direct loss

57
Q

Replacement cost coverage will pay:

Select one:

a. the original price paid when the property was purchased.
b. the depreciated value of the property.
c. the fair market value of the property.
d. the cost to replace the property.

A

The correct answer is: the cost to replace the property.

58
Q

The Standard Mortgage Clause:

Select one:

a. gives the mortgagee the right to modify the policy.
b. is another name for the appraisal provision.
c. pays the insurance premium if the insured dies.
d. allows the mortgagee to pay the premium if the insured doesn’t.

A

The correct answer is: allows the mortgagee to pay the premium if the insured doesn’t.

59
Q

Under the appraisal provision:

Select one:

a. the court selects the appraisers.
b. each party selects an umpire.
c. each party selects an appraiser.
d. the court selects the umpire.

A

The correct answer is: each party selects an appraiser.

60
Q

A third party causes damage to the Insured’s property. After paying the claim, the property Insurer brought suit against the third party under the concept of:

Select one:

a. indemnity
b. subrogation

A

The correct answer is: subrogation

61
Q

Using an impartial third party to resolve a claim dispute is:

Select one:

a. arbitration
b. subrogation

A

The correct answer is: arbitration

62
Q

Using a disinterested third party to resolve a claim dispute is:

Select one:

a. arbitration
b. assignment

A

The correct answer is: arbitration

63
Q

Salvage:

Select one:

a. reduces the overall cost of claims.
b. is a right of the insured.

A

Only the Insurer has the right of salvage. The right of salvage permits the Insurer to sell the damaged item to reduce its claims costs. It also prevents the Insured from coming out ahead by getting “new stuff” and keeping the “damaged stuff.” Thus, the right of salvage upholds the
principle of indemnification.

The correct answer is: reduces the overall cost of claims.

64
Q

A special coverage policy covers:

Select one:

a. all losses except those specifically excluded
b. all losses

A

The correct answer is: all losses except those specifically excluded

65
Q

Most property policies provide:

Select one:

a. Replacement cost
b. Actual cash value

A

The correct answer is: Actual cash value

66
Q

Special covers each of the following EXCEPT:

Select one:

a. Theft
b. Mysterious disappearance
c. Floods and earthquakes
d. Acts of God

A

Floods and earthquakes aren’t covered by Special. But, Special will cover mysterious disappearance, theft, and all the other things that are commonly referred to as “Acts of God” because we mortals can’t figure out where else to place the blame.

The correct answer is: Floods and earthquakes

67
Q

The policy’s appraisal provision determines:

Select one:

a. the amount of the loss.
b. whether the loss is caused by a covered peril.

A

The correct answer is: the amount of the loss.

68
Q

In arbitration, the selected third party is the:

Select one:

a. arbitrator
b. umpire

A

The correct answer is: umpire

69
Q

New zoning laws prevent an Insured from replacing a destroyed property. If the Insured transfers ownership of the property to the Insurer, this is an example of:

Select one:

a. abandonment
b. subrogation
c. assignment
d. arbitration

A

The correct answer is: abandonment

70
Q

The insurer must be notified of the loss:

Select one:

a. within 60 days
b. immediately

A

The correct answer is: immediately

71
Q

Which is correct regarding subrogation?

Select one:

a. It is a method for insurers to recover from responsible third parties.
b. It lists the losses covered by the policy.

A

The correct answer is: It is a method for insurers to recover from responsible third parties.

72
Q

If the Insurer and Insured disagree about the amount to be paid under a policy, the parties should:

Select one:

a. cancel the policy
b. demand an appraisal

A

The correct answer is: demand an appraisal

73
Q

After a fire, an Insured is reimbursed in full for the loss. This is:

Select one:

a. Replacement cost
b. Actual cash value

A

The correct answer is: Replacement cost

74
Q

An Insurer may recover part of the losses paid for an Insured’s damaged auto by:

Select one:

a. using its right of salvage to sell the auto
b. waiving its right to assignment

A

The correct answer is: using its right of salvage to sell the auto

75
Q

After a boat accident, the Insured should do each of these EXCEPT:

Select one:

a. Notify the Insurance Commissioner.
b. Protect the property from further damage.
c. File a Proof of Loss.
d. Notify the insurer as soon as possible.

A

The Insurance Commissioner simply doesn’t want to hear about our problems unless the Insurer improperly fails to pay the claim.

The correct answer is: Notify the Insurance Commissioner.

76
Q

Which is an example of an indirect loss?

Select one:

a. fireplace smoke damages the home
b. a frozen pipe bursts
c. a business loses profits after a fire
d. a twister damages a home

A

Other names for Indirect Loss are Consequential, Loss of Income, and Loss of Use. Indirect loss refers to the financial loss that is a consequence of the direct loss. All of these refer to direct loss (damage to property) except for the loss of profits after a fire which is an indirect loss.

The correct answer is: a business loses profits after a fire

77
Q

The Insurer’s right to recover from a negligent third party for a claim paid by the Insurer to the Insured is known as:

Select one:

a. subrogation
b. insurable interest

A

The correct answer is: subrogation

78
Q

Special covers:

Select one:

a. all perils except those excluded
b. all perils

A

The correct answer is: all perils except those excluded

79
Q

Transfer of rights of recovery against others to the Insurer is:

Select one:

a. assignment
b. subrogation

A

The correct answer is: subrogation

80
Q

“New for old” refers to:

Select one:

a. Replacement cost
b. Actual cash value

A

The correct answer is: Replacement cost

81
Q

Which is NOT an extended coverage peril?

Select one:

a. earthquake
b. volcano
c. lightning
d. smoke and fire

A

The correct answer is: earthquake

82
Q

Which is a direct loss?

Select one:

a. loss of rental income following a fire
b. water damage caused by firefighters

A

The correct answer is: water damage caused by firefighters

83
Q

The mortgagee:

Select one:

a. must be given notice by the insurer if the insurer cancels or nonrenews.
b. is required to be the umpire in any appraisal disputes.
c. must pay the premium.
d. may cancel the owner’s policy.

A

The correct answer is: must be given notice by the insurer if the insurer cancels or nonrenews.

84
Q

L insures his garage for $15,000 with Co. A. He insures his building for $20,000 with Co. B. The fire coverage is equal to the replacement cost of the structures. Each policy has a $250 deductible. If both structures are destroyed by a covered peril, the maximum L will receive is:

Select one:

a. $5,000
b. $34,500
c. $34,750
d. $35,000

A

The correct answer is: $34,500

85
Q

The mortgagee must be notified of:

Select one:

a. rate changes
b. nonrenewal

A

The correct answer is: nonrenewal

86
Q

“Acts of God” are best covered by:

Select one:

a. Liability policies
b. Special form
c. Broad form
d. Basic form

A

New point - If we are concerned about unusual forces of nature, nothing can provide better coverage than the good old Special form policy! Liability insurance covers acts of the Insured, not acts of God.

The correct answer is: Special form