Chapter 6 Flashcards
Who regulates insurance in Alberta?
The office of Alberta superintendent of insurance of the Alberta Treasury board and finance regulates insurance in Alberta along with the ministry of transportation and local police services who enforce the act by prosecuting offences in court and by imposing fines on owners found to be in contravention of the law.
Define application
A request by an insured for insurance. Applications may be done verbally, in writing, or online. The insured provides information relating to the subject of insurance. The insurer than assesses this information and decides whether to accept the risk for insurance and on the terms of such acceptance.
Who is automobile insurance written by in Alberta?
In Alberta all automobile insurance is written by private insurance companies. It is produced by their own staff or by independent agents or brokers who act on behalf of a number of insurers
What is the purpose of an automobile insurance application ?
The application contains the information needed to underwrite, rate, and issue the policy.
Who must approve the application used by insurance companies ?
The actual form used must be approved by the provincial or territorial insurance regulator and is standard within a given jurisdiction
What is different about government insurance systems from private systems regarding premium and applications ?
In provinces with government insurance systems, a premium is paid when the vehicle licence is purchased or when the operators licence is acquired. An application is completed at that time, providing the necessary information. A policy is not issued as certian basic insurance coverage is compulsory and the vehicle licence or operators licence is evidence of that coverage
Define utmost good faith
A legal principle calling for the highest standards of integrity on the part of the insured and the insurer
Define misrepresentation
Incorrect or missing information about material fact that is offered or not by an applicant or insured with or without the intent to mislead
Why does the broker and agent have the responsibility to ensure the doctrine of utmost good faith?
The knowledge of the broker or agent is considered the knowledge of the insurer, failing to advise the insurer of a material fact or failing to advise the insured of the policy terms could have serious and far reaching consequences for all parties in the event of a loss
True or false ? The insurance act does not require insurers to obtain a signed application before an automobile policy is issued ?
True! If a signed application is not recieved however the insurer must send a dorm of application to the insured so that it can be signed and returned. This may be part of the policy that is material
When there is a misrepresentation The insurance act contains sections that specify an insurer cannot use as a defence of a claim any information found in a purported copy of an application. When there is no signed written application the insurer must find other means to: list 2 other ways.
Establish that there is in fact a misrepresentation and
Prove that the applicant actually made the misrepresentation at the time he or she applied for the insurance ( that is when the oral application was made )
What two provisions apply when a policy is issued and it differs in any way from the written application
The insurer must point out to the insured in writing in what ways the policy differs from the application
If the insured does not object to the changes by advising the insurer in writing within 7 days the policy is deemed to cover as it is written
33 items of information required in an automobile insurance application
Item 1: applicants full name and postal address
Item 2: policy period
Item 3: particulars of the described automobile
Item 4: coverages
Item 5: list of all drivers of the described automobile in the household or business
Item 6: impairments
Item 7a: convictions
Item 7b: previous accidents or insurance claims
Item 8: past licence experience
Item 9: pay insurance experience
Item 10: use of vehicle
Item 11: commercial use of vehicle
Item 12: registered owner
Item 13: penalty of false statement
Item 14: additional information for drivers down in item 5
Item 15: name and address of employer
Item 16: all residents of household or employees in the business not already listed in items 5 and 14
Item 17 : vehicle used for carpools or share the ride arrangements
Item 18: fuel if not powered by gas or diesel
Item 19: unrepaired damage
Item 20: special equipment and or custom paint finish
Item 21: vehicle anti theft device
Item 22: previous addresses
Item 23: total number of private passenger vehicles in household
Item 24 remarks
Item 25: report of broker
Item 26: broker/agent declaration
Item 27: description of any trailer not already listed
Item 29: commercial vehicle use
Item 30: any merchandise or material carried
Item 31: volatile, toxic, corrosive, radioactive, or explosive materials carried
Item 32: any machinery or equipment mounted or attached to the vehicle
Item 33: remarks
Define drivers abstract
A three year record of a driver includes info such as drivers name, licence number, class, expiry date, conditions restrictions and or status information
Define Rate
Amount charged to an insured that reflects the expectation of loss for a covered risk, insurance company expenses and profit.