Chapters 1 - 7 Comprehensive (no KS) Flashcards
Pro Rata Loss Payment
Each Insurer pays their fair share
Absolute Liability
No fault
Bodily Injury Liability
Legal liability for sickness, disease or death
elements of negligence
Duty owed, duty violated, dv is proximate cause, foreseeable consequence
Punitive damages
$ paid out on top of compensatory, usually to discourage from further torts
Special damages
Bills, Loss of Income, cost to repair or replace
Loss of Consortium
Compensation for death of spouse
Gross Negligence
Dui - failure to use any sort of care
Attractive Nuisance
Attracts kids - pool, trampoline, etc.
Negligence
failure to use ordinary care
tort
wrongful act
Vicarious Liability
Parent/Child
Employee/Employer
Strict Liability
Manufacturer held liable
Limit of Liability
$ amount of coverage for specified liability loss
Comparative Negligence
Fault on all parties, damages paid out based on % of negligence
General Damages
Pain, Suffering, Mental Anguish (losses can’t be objectively calculated)
D.I.C.E.
Declarations, Insuring Agreement, Conditions & Exclusions
Lloyds of London
Underwriter Syndicates - not an insurance company
Reciprocal
group owned, risk sharing
Fraternal Benefits Society
non-profit, life & health offered to members, lodge, given faith, society, order
Insurance Agent also known as _____
Insurance Producer
NAIC stands for
National Association of Insurance Commissioners
NAIC consists of….
state and territorial insurance commissioners or regulators
FIO stands for…
Federal Insurance Office
What Act created the FIO?
Dodd Frank Wall Street Reform and Consumer Protection Act (monitors)
McCarren- Ferguson Act of 1945
Federal Government can’t regulate Insurance where States have the authority
Governmental Based Insurance
Last Resort
Stock Insurance Company
Stockholders, taxable dividends
Mutual Insurance Company
Policyholders (members)
EC Perils DP-1
WC SHAVER
Windstorm, Civil Commotion
Smoke, Hail, Aircraft, Vehicle & Volcanic ERuption
DP-2 Cost Basis
Replacement Cost
DP-2 Broad Form - Named Perils
B.B. B.I.C.E. G.O.L.F.
B.B. B.I.C.E. G.O.L.F.
👽Bursting of heating systems 👽Burglary Damage 👽Breaking of water heaters 👽Ice, snow, sleet weight 👽Collapse of building 👽Electrical damage
👽Glass breakage 👽objects falling from outside 👽 Leakage of water/steam 👽Freezing of plumbing
DP-3 Special Form has ____ Perils
Open
1st = \_\_\_\_\_ 2nd = \_\_\_\_\_ 3rd = \_\_\_\_\_
Insured, Insurer, Others
Repeated exposure to the same harmful conditions
Occurrence
Proximate Cause
Primary Cause
Personal Injury
Libel, Defamation, Slander
Friendly Fire
Intentionally set, stays within bounds
***Fireplace
Hostile Fire
Burns outside of its boundaries
***Wildfire
Inherent Vice
Property has a quality that causes it to damage or destroy itself
***Faded paint, rust, rot
Binder
Temporary Proof of Insurance (60 days max)
Unoccupancy
things no people
Vacancy
No things, no people
Burglary
Forcible Entry theft
Robbery
Threat of Bodily Harm theft
how is ACV calculated
cost to replace - depreciation = ACV
Agreed Value
Specific amount stated
Stated Value
Insurer pays lesser of ACV or stated value
Appraisal
2 appraisers 1 ump
What’s on the Declaration page?
Who, what, when, where and how much
Deductible
Amount of loss insured bears
Concurrent Causation
If 2 perils happen simultaneously and 1 is excluded, the insurer pays regardless
Replacement Value is __% of the damaged property.
80-90%
Market Value
What a willing buyer would pay a willing seller
Loss Settlement
Specifies which loss value will be applied
Other Insurance
Pays their fair share of damages
Dwellings must be used for ______ purposes, with no more than __ dwelling units and __ boarders.
Residential
no more than 4 dwelling units and 5 boarders
DP-1 Perils
Fire, Lightning & Internal Explosion
DP-2 & DP-3 losses are paid on what basis?
Replacement Cost
What does Coverage A (home and dwelling) protect?
Dwelling & attached structures
What does coverage E (h & d) protect?
Additional living expenses
What does Coverage B (h&d) protect?
other non-attached structures
What does coverage c protect?
home & dwelling
Personal Property
***C for contents
What does Coverage D (d only) protect?
Fair rental value
On Dwelling trees, shrubs and other plants are covered for a max of $____ each and up to __% of Coverage A.
$500 and 5%
Is theft covered under DP-2?
Only if it is Endorsed.
Is a mobile home eligible for Dwelling coverage? If so, which form?
Yes, if they are affixed to a foundation permanently they can be on a Basic Form of DP-1 coverage.
What perils are covered on a Special Form?
It is an open peril form (DP-3) so all is covered except the exclusions.
On a dwelling policy how much will the policy cover for a fire department service charge?
up to $500
On a dwelling policy, how much is covered for loss assessment on a HOA?
$1,000
Describe the coverages on a PAP
A, B, C, D, E, & F
A - Liability Coverage b. Medical Payments C. UM/UIM D. Coverage for Damage to Your Auto E. Duties After an Accident or Loss F. General Provisions \+ Selected Endorsements
What is the maximum weight for a vehicle on a PAP?
10,000 lbs
Arbitration
Each party picks 1 arbitrator for themselves and then another one they jointly pick, then they all duke it out