Chapter 5 Flashcards

1
Q

Examples of business that have a bailee’s exposure

A
Drycleaners
Garages
Jewellars
Furriers
Trucking firms
Couriers
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2
Q

Bailee for hire

A

One who has temporary custody of the personal property of another for a purpose other than sale, and who is compensated as a condition of the custody - The level of care required of bailees by law.

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3
Q

Ordinary Care

A

Requirement to take the same care of goods of others as would be taken by prudent and diligent owner of such goods

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4
Q

When could bailees be held responsible for damage to customers’ property?

A

Bailees may be responsible to customers property when negligent in common law or in contract

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5
Q

When would bailee be responsible for damage to customers property

A

Bailees may be responsible for damage to customer’s property when negligent in common law or in contract

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6
Q

The coverage that bailees exposure is usually insured by under most commercial property policies.

A

Stock

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7
Q

Two other types of bailee policies

A

Legal Liability policy

A special Bailees Customer Policy that insures direct loss or damage to customers property, regardless of fault.

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8
Q

Two coverage areas normally provided by Inland Transportation policies

A

In Transit

During delay incidental to transit

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9
Q

When could bailees be held responsible for damage to customers’ property

A

Bailees may be responsible to customers property when negligent in common law or in contract

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10
Q

The two factors to determine whether the owner or the carrier should purchase insurance on a shipment - Inland Transportation Insurance

A

Weather the owner or carrier is responsible for loss to the property -who is responsible
to what extent

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11
Q

Common carrier

A

Includes airlines, airlines, railroads, trucking companies and others that provide transportation to an member of the public.

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12
Q

Contract carrier

A

One that carries, for pay, goods of certain customers only

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13
Q

Private carrier

A

One who hauls their own goods or goods entrusted to them as bailees or lessees, including shippers who own or lease their vehicles and carry their own goods

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14
Q

The responsibility owned to property owners by common carriers

A

The safe delivery of goods entrusted to them

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15
Q

Common carriers will not be held responsible for all losses to goods in their possession. identify five of these losses

A
Acts of god
acts of public enemies
acts of public authority
neglect or default of shipper
inherent vice of property transported
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16
Q

Standard (ordinary) bill of lading

A

Used to reflect (and limit) the amount that the common carrier is legally liable for

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17
Q

Valued bill of lading

A

Increases the carriers liability, usually requested by the owner when the value of the goods exceeds the value stated in the standard bill of lading

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18
Q

Released bill of lading

A

Releases the carrier from any liability for the goods transported

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19
Q

The Transportation Floater (broad form) is designed for these types of property

A

Owned by the insured
Owned by others but for which the insured is responsible
Sold but not delivered

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20
Q

When does coverage begin and end when insured by a Transportation Floater Broad form

A

coverage begins when property leaves the premises and continues until property is unloaded at final destination

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21
Q

Other forms of transportation that can be endorsed onto the Transportation Floater (broad form)

A
Railroad
Public or private truckers
Vehicles hired or leased by the insured
Airlines
Otherwise, except ocean-going vessels
22
Q

The Trip Transit policy is designed for this type of client

A

A business that wants to insure a single shipment of porperty

23
Q

What is a Catastrophe Limit and why is it used

A

catastrophic limits are the most an insurer will pay in any one occurrence of loss. insurers use these to limit coverage in large losses.

24
Q

The factors considered by the insurer to determine the Trip Transit policy premium

A

Nature of the property
Distance travelled
Method of transportation, including experience of operators

25
Q

When coverage applies under the Truckman’s Legal Liability Cargo Rider

A

From the time the goods are loaded for shipment until they reach their destination

26
Q

How limits of insurance are selected by the insured for the Truckmans Legal Liability Cargo Rider

A

The insured must select an amount of insurance for each vehicle stated on the Policy

27
Q

When can coverage be added to Trickmans legal liability cargo rider for temporary locations

A

Coverage can be added for property temporarily located at the insureds terminal warehouse or loading station

28
Q

How the insurer limits its liability for loss to shippers property in any one disaster under the Truckmans Legal liability cargo rider.

A

Catastrophe limit - the most the insurer will pay in any one disaster or occurrence

29
Q

The co-insurance requirement of the Truckmans legal liability cargo rider

A

100%

30
Q

The premium basis of the Truckmens legal liability cargo rider

A

Provisional basis, and the insured must follow reporting requirements to determine premium at the end of the policy term

31
Q

Reasons why owners of property might not rely on carriers insurance

A

Not have adequate amounts of Insurance
Not be broad enough in perils insured against
Have been invalidated because of a breach of conditions
Have been lapsed or cancelled

32
Q

Advantages to owners who by their own transpiration insurance

A

Prompt recovery of losses directly from the insurer
Amounts payable is generally greater than that provided by carriers policy
Broader insured perils
Reduced insurance costs
Reporting provisions provides automatic coverage for all of the insureds shipment

33
Q

Three prospects for a Tool Floater

A

Contractors
Mechanics
Carpenters

34
Q

Two exclusions common to the Tool Floater

A

1) Loss or damage to electrical apparatus caused by artificial electricity 2) Loss caused by mysterious disappearance

35
Q

Identify the types of property insured by Contractors Equipment Floaters

A

insures all kinds of movable equipment owned, rented or leased by clients

36
Q

What guidance should brokers provide when Catastrophe limits are used on Contractors equipment policies

A

Not to store all of their equipment in ways that may expose all equipment to one occurance

37
Q

Two common approaches for insuring contractor’s tools

A

1) Scheduled basis - for tools of high value;

2) Blanket basis - for miscellaneous tools (usually subject to 100% co-insurance

38
Q

The reason why insurers commonly impose a catastrophe limit on the Contractor’s Equipment Floater

A

The high values of contractor’s equipment and the relatively high potential for a total loss.

39
Q

The three provisions relating to the Newly Acquired Equipment Extension for the Contractor’s Equipment Floater

A

1) Coverage only provided for similar equipment;
2) Coverage stops after 30 days;
3) Amount of insurance is limited

40
Q

Another name given to a Builders Risk policy

A

Course of Construction policy

41
Q

Builder’s Risk policy can be placed in these names

A

The project owner; or

- The general contractor.

42
Q

2 Exclusions found in Builders Risk Policies

A

1) No coverage for contractors tools and equipment 2) No coverage for faulty workmanship, improper materials or design - resulting damage is insured

43
Q

When will coverage automatically cease on a Builders Risk policy?

A

) when project is left unattended for more than 30 consecutive days 2) when there has been no construction activity for more than 30 consecutive days

44
Q

Three types of property insured by the Builders Risk - Broad Form.

A

1) All materials owned by the insured or others that will enter into and form part of the completed project;
2) Landscaping, growing trees, plants, shrubs or flowers that will enter into and form part of the project, as long as it’s included in the amount of insurance;
3) Temporary buildings, scaffolding, falsework, forms, hoardings, excavation, site preparation and similar work, as long as it’s included in the amount of insurance and only to the extent that replacement or restoration is needed to complete the project.

45
Q

How Resultant Damage coverage modifies the “improper material, workmanship or design” exclusion of the Builders Risk - Broad Form

A

Covers the costs to reconstruct or replace resultant damage from faulty material, workmanship or design

46
Q

Two off-location exposures that can be insured under the Builders Risk - Broad Form.

A

1) In transit - while in Canada and the continental U.S., excluding Alaska;
2) At any other location.

47
Q

When Builders Risk coverage usually stops

A

When the building comes into use or becomes occupied.

48
Q

Exceptions to when Builders Risk coverage usually stops

A

1) When the building is used for other construction work to satisfy the contract;
2) When the building is occupied for office or residential purposes before construction is complete.

49
Q

How the insurer deals with possibility of an insured under-insuring on a Builders Risk form.

A

The premium adjustment provision

50
Q

How are premiums calculated on Installation Floaters?

A

Gross annual receipts of clients

51
Q

Three coverages provided by the Installation Floater

A

1) While in transit by most forms of land transportation, including the insured’s vehicles;
2) While awaiting installation on site;
3) During installation until accepted or the interest of the insured ceases, whichever comes first.