Chapter 9 Flashcards
When loss, damage or injury occurred who do the initial responsibilities fall on?
A) insurer
B) insured
B) insured
What do theft and malicious damage claims require notification to
A) insurers
B) police
B) police
Who does the onus of proof initially fall on
A) insured
B) insurer
A) insured
What two things must the insured prove for the onus of proof
That an insured peril arose
The amount of the loss
Is the below an implied or express duty
Advise the appropriate authorities in the event of loss or damage
Implied
Is an insurance policy intangible or tangible
Intangible
When is the onus on the insurers if they wish to decline to pay a claim
A) because of a policy exclusion
B) because of a policy condition
A) because of a policy exclusion
Is the below an implied or express duty
Do not hinder the insurer in the claims investigation process
Implied
Is the below an implied or express duty
A claim will be in valued if these duties aren’t performed
Implied
Is the below an implied or express duty
Take all steps to prevent a loss from spreading
Implied
Is the below a policy condition or claim condition
Notification to other authorities-
The policy must be notified immediately of any loss of damage cause malicious damage or theft
Claims conditions
Is the below an implied or express duty
A breach of conditions allows the insurer to repudiate the claim
Express
Is the below an implied or express duty
Specifically written into the contract and are usually found in the general policy conditions
Express
Is the below a policy condition or claim condition
Notification to insurers- the usual requirement is for the insured to notify insurer as soon as possible
Claim condition
Is the below a claim form or notification form
Provide sufficient info to permit the insurer to begin processing any claim
Claim form
Is the below a claim form or notification form
Establish whether the insured is entitled to indemnity under the policy- the insurer must satisfy itself that the loss is covered under the terms
Claim form
Is the below an implied or express duty
Some reinforce the implied conditions and therefore a contractual as well as common law requirement
Express
Is the below a policy condition or claim condition
Notification to insurers- claims for riot, civil commotion and malicious damage must be notified within 7 days as the insurers have a right of recovery against the policy but only have 42 dYs for the claim
capped to £1m
Claim conditions
How many hours of the day are telephones manned for:
A) 24 hours
B) 9-5
A) 24 hours
Is the below a policy condition or claim condition
Third party claims- insurers need to retain control over any liability claims and therefore require that the insured:
Immediately passed on unanswered any communications from third parties
Doesn’t admit to repudiate liability or offer to settle the claim
Allows insurers to take over and conduct any claim from or against third party
Claim
Is the below a policy condition or claim condition
Prevention of further damage- the insured must take reasonable precautions to prevent further damage
Claim condition
Is this a liability claim or theft claim
Details of any other insurances
Liability claim
Is the below a policy condition or claim condition
Assisting the claims process- the insured just provide insurers with all the info and help they require in respect of the claim
Claims condition
Do most insurers operate a freephone number for claims
Yes