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
Is the below a claim form or notification form
Provide sufficient info to permit the insurer to begin processing any claim
Claim form
What is the most common sense means of obtaining full details of the claim
A) a claim form
B) a notification form
A) a claim form
Is the below a claim form or notification form
Enable the insurer to take a preliminary view on whether there is likely to be a claim from a third party
Claim form
Is the below a claim form or notification form
Enable the insurer to consider whether any potential recovery rights may exist
Claim form
What two things require by insurers when a loss occurs for a claim form
Starting with claimants details (name, address, phone number, policy number)
Date, cause and circumstance or loss
Is this a liability claim or theft claim
Details of the persons or property injured or damaged and estimated amount of loss
This will enable insurers to put a reserve on a claim
Liability claim
Is the below an implied or express duty
Act as though uninsured and take all reasonable steps to minimise the loss
Implied
Is the below a policy condition or claim condition
Notification to insurer- if the initial notification is by telephone it needs to be followed up in writing within 30 days
Claims conditions
Is this a liability claim or theft claim
Details of any other interests in the property (mortgage company etc)
Liability claim
Is this a liability claim or theft claim
Details of any other party who may be liable for the loss
Liability claim
Other than the claim form what is the below supporting evidence
Receipts for purchases or repairs
A) property claims
B) theft claims
C) employers and PL claims
A) property claims
Other than the claim form what is the below supporting evidence
Police report.
A) property claims
B) theft claims
C) employers and PL claims
B) theft claim
Other than the claim form what is the below supporting evidence
A copy of the entry in the accident book
A) property claims
B) theft claims
C) employers and PL claims
C)EL and PL claims
Who needs to establish the following the insured or the insurers
Cover was in force at the time of the loss
Insurer
Who needs to establish the following the insured or the insurers
The claimant is either the insured named in the policy or a person entitled to indemnity
Insurer
Who needs to establish the following the insured or the insurers
The peril or event is covered by the policy
Insurer
Who needs to establish the following the insured or the insurers
The insured had taken reasonable steps to minimise the loss
Insurer
Who needs to establish the following the insured or the insurers
All conditions and warranties have been complied with
Insurers
Who needs to establish the following the insured or the insurers
The duty of disclosure was originally complied with
Insurer
Would the below claim be valid or partially met
Application of voluntary or compulsory excesses
Partially
Who needs to establish the following the insured or the insurers
The value of the loss is reasonable (looking at catalogues, price lists etc)
Insurers