Chapter 9 Vocab (Notes) Flashcards

1
Q

Actual Cash Value (ACV)

A

The actual cash value of the property at the time of loss

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2
Q

Fair Market Value

A

price a willing buyer would pay a willing seller in a free market

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3
Q

Broad Evidence Rule

A

means the determination of ACV should include all relevant factors an expert would use topen determine the value of property

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4
Q

Valued Policy

A

pays the face amount of insurance if a total loss occurs

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5
Q

Valued Policy Law

A

requires payment of the face amount of insurance to the insured if a total loss to real property occurs form a peril specified in the law

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6
Q

Replacement Cost Insurance

A

means there is no deduction for depreciation in determining the amount paid for a loss

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7
Q

Representations

A

statements made by the applicant for insurance

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8
Q

Material

A

false representation that is relied on by the insurer; if the insurer knew the true facts, the policy would not have been issued or would have been issued on different terms

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9
Q

Concealment

A

intentional failure of the applicant for insurance to reveal a material fact to the insurer

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10
Q

Warranty

A

statement that becomes part of the insurance contract and is guaranteed by the maker to be true in all respects

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11
Q

Aleatory

A

values exchanged are not equal

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12
Q

Unilateral

A

only the insurer makes a legally enforceable promise

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13
Q

Conditional

A

policyowner must comply with all policy provisions to collect for a covered loss

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14
Q

Personal

A

Property insurance policy can’t be validly assigned to another party without insurers consent

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15
Q

Contract of Adhesion

A

the insured must accept the entire contract with all its terms and conditions

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16
Q

Agent

A

someone who has the authority to act on behalf of a principle

17
Q

Nonwaiver cluase

A

insurers can place limitations on the power of agents

18
Q

Waiver

A

defined as the voluntary relinquishment of a known legal right

19
Q

Estoppel

A

occurs when a representation of fact made by one person to another person to such an extent that it would be inequitable to allow the first person to deny the truth of the representation