Chapters 4-5 Flashcards

1
Q

What are Declarations?

A

Statements included in a policy that are agreed to by the insured and form the basis of a contract for insurance

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2
Q

What is on the ‘declerations/ coverage summary’ page? (3)

A

This page outlines:

1) coverage amounts,
2) location of the property,
3) name of the insured, and the property being insured. It usually appears first on a policy.

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3
Q

What are Policy Wordings?

A

they are a preamble describing the general agreements between the insurer and the insured. It includes coverage’s, extensions of coverage, exclusions, and warranties. it is also the basis for the settlement of the claim and will contain any additional conditions or statutory conditions.

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4
Q

What are Endorsements and Floaters?

A

Additional insurance provided for items that may be limited in coverage, not covered, or excluded from coverage in the policy.

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5
Q

What is the “ Plain language” wording standard?

A

It means that the average layperson can read the policy and generally understand its terms. All policies must be presented to the consumer as such.

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6
Q

Define “ Package Policy”

A

A Package policy is built by combining perils from classes or lines of insurance administered by separate departments. It helps to enhance coverage and cut costs. It often offers extensions and settlement options that make the packages more attractive to buyers.

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7
Q

Define “ Adverse Selection”

A

Those with higher risks may purchase insurance in greater amounts than those with lower risks. To combat adverse selection, insurance companies reduce exposure to large claims by limiting coverage or raising premiums depending on the risk. the insurer pays premiums and has extensions that are proportional to the amount of risk their policy presents the insurer (high risk- more limitations, possibility of rejection. low risk- lower premiums) They can also deny the risk entirely.

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8
Q

How does the “Package” approach allow insurers to reduce premium?

A

1) By reducing the risk of adverse selection

2) By issuing uniform contracts, which simplifies policy-issuing and claims adjustments.

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9
Q

What is a “ Non-Package” policy?

A

It is a policy that serves those who prefer simpler/modest insurance to popular packages. It also serves those who are ineligible for an insurer’s package policy or who have a location that is ineligible for broader coverage.

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10
Q

What is a “ Subscription” Policy?

A

A single policy covering a risk that is divided among a number of insurers. It is issued by a “ lead” company (one who assumes the highest percentage of the risk)

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11
Q

Define “ Multi-Limit Policy”?

A

A multi-limit policy is a policy in which separate amounts are given for the dwelling and personal property. Personal property limits are often a percentage of the dwelling limit, but this is not always the case.

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12
Q

What is a “Single Limit Policy”?

A

Is is a policy with an amount of coverage that is meant to encompass the combined limit of the dwelling and the property.

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13
Q

What is included in the Homeowners Basic Form? (IBC Form 1151)

A

Named Perils including theft, glass breakage, and transportation (property in transit)

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14
Q

What is included in the Homeowner’s Broad forum? (IBC form 1153)

A

All risks on the dwelling building and detached private structures, named Perils on Personal Property

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15
Q

Whats is included in the Homeowner’s Comprehensive form? (IBC form 1155)

A

All risks on all items

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16
Q

What are 3 common clauses that are used as limitations of liability?

A

1) Deductible clause
2) Coinsurance clause
3) Special Limits of insurance

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17
Q

What are 3 types of deductibles??

A

1) Separate items: Where the total amount of insurance is divided across several items, the deductible may apply to each individual item, thus limiting the amount recoverable.
2) Occurrence basis: applies to occurrence. The deductible may be subtracted from the total amount of loss or damage arising from a single event insured under all items of the policy.
3) Loss paid in Full if Over Deductible: policy may provide that no loss be paid below a specified amount but that a loss greater than this amount be paid in full (insured must have a loss above and beyond the deductible in order to receive payment for a loss).

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18
Q

What is the Coinsurance formula?

A

Amount of insurance carried, divided by minimum amount of insurance required, multiplied by the amount of the loss. the result is the amount recoverable by the insurer.

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19
Q

What are special limits?

A

They are used to limit the insurer’s exposure to certain types of personal property that would otherwise be covered under the blanket limit for personal property.

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20
Q

What are the two kinds of special limits for personal property? Name the 13 items that have special limits in IBC homeowners forms

A

Special limits can be divided into two groups; Special limits that apply to loss caused by an insured peril, and other special limits specific to theft.
the 13 special limits according to IBC homeowner’s form guidelines;
Special limits caused by insured peril:
1) Business Property
2) Securities
3) Property of a student temporarily living away from home
4) Money, including cash cards or bullion
5)Garden-type tractors, including attachments, accessories and motors
6) Watercraft, their furnishings, equipment, accessories and motors
7) Computer software
8) Spare automobile parts
Other Special limits caused by theft
9) Jewelry, watches, gems, fur garments, and fur-trimmed garments.
10) Numismatic property (coin collections)
11) Manuscripts, stamps, and philatelic property
12) Collectible cards
13) Bicycles, their equipment and accessories

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21
Q

Define “ additional interest”

A

Parties that are not listed as the named insured but who would be financially prejudiced by the loss or destruction of insured property.

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22
Q

Define “ Loss Payees”

A

A generic term for someone other than the named insured to whom the proceeds of insurance will be paid. a cheque issued to the insured will be drawn jointly in the names of the insured (then borrower) and the loss payee. The parties will determine the disposition of the proceeds to reduce or discharge the loan

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23
Q

Define “Chattel Mortgage”

A

Chattel Mortgages: a type of mortgage that conveys an interest in property other than land and buildings as security for a debt.

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24
Q

What are the benefits of the mortgage clause to the mortgagee?

A
  • Policy covers mortgagee even if the named insured is unable to recover because of a breach of contract
  • Mortgagee is permitted to give a notice of loss immediately and proof of loss as soon as is practicable
  • Mortgagee would be covered in the event that they acquire the title of the insured property until the policy is canceled or expired
  • Mortgagee is to be notified of any cancellation or alteration of the policy to the prejudice of the mortgagee
  • The mortgagee is entitled to the same notice as the insured’s.
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25
Q

What are the responsibilities of the mortgagee under the mortgage clause? What material changes must they alert the insurer to?

A
  • Mortgagee must notify insurer on learning of”
    1) Vacancy or Unoccupancy over 30 consecutive days
    2) Any transfer of interest
    3) any increase in hazard
  • Mortgagee must pay, on reasonable demand, for any increased hazard from the time it existed until the time the policy is canceled or expired (peroration of premium increase for additional hazard)
  • Mortgagee will relinquish(transfer) it’s rights against the insured to the insurer once indemnity (for their portion of the interest) for a loss has been received
  • Where other valid insurance exists, the mortgagee’s indemnity can be limited by the amounts offered by said policy so as not to exceed the value of the interest
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26
Q

What is a Rate-able Contribution?

A

When more than one policy covers the same interest at the time of loss, each insurer is liable to the insured for it’s rate-able proportion of the loss unless the insurers agree otherwise in writing.

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27
Q

How are the deductibles in rate-able policies handled across a policy with a single insurer?

A

1) With a single policy: The loss is determined without regard for the deductible. Following that, the deductible is then applied to determine the amount of the insured’s recovery.
2) With two or more policies: The loss is first determined without regard for the deductible. Following that, the highest deductible (if any) is then pro-rated among the insurers (only those that HAVE deductibles) and those pro-rated amounts will be applied to determine the amount of the insured’s recovery.

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28
Q

What is “business” in an insurance context?

A

Any continuous/ regular pursuit undertaken for financial gain, including a trade, profession, or occupation

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29
Q

Define “ Coverage Summary” page

A

It is the clear and legal term for what are referred to formal wordings as ‘declaration’.

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30
Q

What is “Data”?

A

Representations of information or concepts in any form. It does not refer specifically to computer software.

31
Q

What are 3 common Data problems?

A

1) Erasure, destruction, corruption, misappropriation, misinterpretation of data;
2) Error in creating, amending, entering, deleting or using data; or
3) Inability to receive, transmit, or use data. It does not have to be electronic

32
Q

What are the 5 domestic water containers typically found inside of the dwelling?

A

Inside the dwelling:

1) Hot-water heating tanks and their piping and radiators;
2) Hot-water storage tanks and associated piping;
3) Water reservoirs and dispensers, whether contained in an appliance or not;
4) Bathtubs, sinks, or toilets; and
5) Aquariums or waterbeds.

33
Q

Name 3 domestic water containers typically found outside of the dwelling.

A

Outside of the dwelling:

1) Outdoor private swimming pools or wading pools;
2) Ornamental pools or fish ponds; and
3) Hot tubs

34
Q

What is a Domestic water container?

A

It is a device or apparatus for personal use on the premises for containing, heating, chilling, or dispensing water.

35
Q

Define “ dwelling “

A

It is the building described on the Coverage Summary page, wholly or partially occupied by the insured as a private residence.

36
Q

Define “ Fungi”

A

It includes but is not limited to, any form or type of mold, yeast, mushroom, or mildew, whether or not allergenic, pathogenic, or toxigenic, and any substance, vapor, or gas produced by, emitted from, or arising out of any fungi or spore(s) or resultant mycotoxins, allergens, or pathogens.

37
Q

What is Ground Water?

A

Ground water is water in the soil beneath the surface of the ground, including but not limited to water in wells, underground streams, and percolating waters.

38
Q

Who is considered to be an “ insured” on a habitational policy? What must their relation be to the insured?

A

The person(s) named as the insured on the coverage summary page, and while living in the household:
1) The insured’s spouse
2) Relatives of either the insured or the spouse
3) Any person under 21 that is in their care
4) A student: (if self-supporting extension does not apply)
Who is enrolled in and actually attends a college or university
Who is dependent on the named insured or spouse for support/care is also insured even if temporarily residing away from their principal residence

39
Q

Define “ premises”

A

the land contained within the lot lines where the dwelling (or subject) is situated.

40
Q

What is a ‘Residence Employee’? What are the 3 conditions that must be considered?

A

a person employed by the insured to preform duties in connection with the maintenance or use of the premises.
Conditions:
1) Includes persons who preform household or domestic services or duties of a similar nature for the insured
2) Does not include persons while preforming duties in connection with the business of the insured
3) Can be working Part-Time or Full-Time

41
Q

What are Spores?

A

‘spores’ includes, but is not limited to, and reproductive particle or microscopic fragment produced by, emitted from, or arising out of any fungi.

42
Q

Who qualifies as a spouse?

A

1) A man and woman (or two individuals of same sex) who are married.
2) Anyone living together in a conjugal relationship for a period of 3 continuous years.
3) Any two individuals living together in a conjugal relationship, outside of marriage, who are the natural or adoptive parents of the same child. They mujst have lived together for a period of 1 year.

43
Q

What are ‘surface waters’?

A

water on the surface of the ground where water does not usually accumulate in ordinary watercourses, lakes, or ponds.

44
Q

Define ‘terrorism’

A

An ideologically motivated unlawful act(s), including but not limited to the use of violence/force or threat of violence/force, committed by or on behalf of any group(s), organizations(s), or governments(s), for the purpose of influencing any government and/or instilling fear in the public or a section of the public. It does not include Legal protests, demonstrations, or self-expression.

45
Q

Define ‘ Vacant’

A

refers to circumstances where, regardless of the presence of furnishings, all occupants have left with no intention of returning and no new occupant has taken up residence in their stead.

46
Q

What is the difference between Vacancy and unoccupancy?

A

unoccupacy applies to a property with no people in it but to which people intend to return.

47
Q

What is a ‘watermain’?

A

They are a series of pipes forming part of the water distribution system, which convey consumable water but NOT wastewater.

48
Q

To whom are we referring to in a Policy when we refer to;

1) We, Us, or Our
2) You or Your

A

1) The insurer

2) The insured.

49
Q

What does the dwelling/building coverage refer to? (coverage A)

A

It applies to the dwelling itself and certain other property on the premises. Permanently installed outdoor equipment is also covered (garden lighting, children’s swings or slides, and other similar property.

50
Q

What is a detached private structure? (coverage B)

A

It applies to structures that are separated from the dwelling by a clear space or is connected by only a fence, utility line, or similar connection, but remains on the insured’s property line. It must be private with no business exposure. It includes garden sheds, greenhouses, free standing sundecks, etc

51
Q

How is personal property broken down? (Coverage C) (3 parts)

A

1) Contents of dwelling and personal property owned, worn, or used on the premises
2) Property away from premises
3) Property of a Student

52
Q

What are the 3 types of exclusions found under personal property?

A

1) Motorized vehicles and their equipment (excluding any accessibility devices)
2) Camper units, truck caps, trailers or equipment
3) Aircraft and their equipment

All items of personal property insured under coverage “C” are covered by single amounts of insurance(a blanket limit)

53
Q

What is prohibited access? What are the two main circumstances under which this coverage would apply?

A

It indemnifies for indirect loss; doesn’t require loss/damage to have occurred to insured dwelling. Where the insured has to leave the premises. Two such examples are:

1) a neighboring property has sustained damage that poses a danger to the insured’s premesis,
2) Where a mass evacuation is required as a direct result of a sudden and accidental event within Canada or USA

54
Q

What are the 6 excluded causes of evacuation? (what is NR WEFT?)

A

Evacuations for the following reasons are excluded from coverage;

1) Nuclear incident
2) Radioactive contamination
3) War
4) Earthquake
5) Flood
6) Terrorism

55
Q

Who exercises Civil Authority in the case of emergency evacuation?

A

Any person acting under the authority of the Governor General in Council of Canada or the Lieutenant Governor in Council of a Province, and/or any person acting with authority under a Federal, Provincial, or Territorial legislation with respect to the protection of persons and property in the event of an emergency.

56
Q

What is covered under the debris removal Extension? What happens when the cost of both the initial loss and the reconstruction of the dwelling exceed the policy limit?

A

the cost of removal of the debris will be given an additional 5% (of the initial limit for the affected coverage).

57
Q

What is the ‘property removed’ extension?

A

it applies to property removed from the home for no more than 30 days or until the policy expires, whichever works in favor of the insured.

58
Q

What are the rules for contents coverage when moving to another home?

A

There is no coverage after 30 days for personal property in a newly acquired principal residence. This allows enough time for the insured to secure coverage. It is restricted to Canada, and applies for no more than 30 days.

59
Q

How much can an insured recover for fire department charges?

A

The insured can claim up to 1000 CAD for fire department charges if the fire department had to attend the scene to mitigate a loss or to prevent further loss or damage.

60
Q

What sort of coverage is offered for sudden change in temperature? (Change in temperature extension)

A

The ‘change of temperature’ extension applies to indirect loss involving personal property kept in the dwelling that would not normally be recoverable under the policy.

61
Q

What sort of coverage is offered for frozen food?

A

recovery does not apply to refrigerated foods, only FROZEN. The freezer in question need not be inside of the dwelling. The extension provides:

1) The value of spoiled food
2) Damage to the freezer caused by spoilage
3) Reasonable expenses incurred to prevent the food spoilage while freezer is being repaired. There is an IBC mandated maximum of $2000.

It does not cover the cost of delivery/ transport of replacement food, spoilage due to disconnected power supply, or spoilage caused by the operation of an electrical circuit breaker or fuse.

62
Q

What is the limit for lock replacement claims?

A

up to $500 where locks need to be changed to guard against loss and unwanted entry.

63
Q

How is Tear-Out treated?

A

it stipulates that it will not pay to repair all of the parts of the building torn apart to find a leak. It only covers the cost of the repair of parts that must be torn apart in order to mitigate further damage from an insured cause of loss

64
Q

What is the Arson conviction award?

A

it is a gesture in support of public policy. It can be paid to anyone who provides leads that result in the conviction of a guilty party. it is valued at $1000

65
Q

What kind of coverage is offered for counterfeit money, credit cards, forgery, etc? (5 total)

A

1) Coverage applies only to cards issued to the insured
2) The insured must have complied with all conditions of the card agreement
3) No coverage is available if the card is used by anyone who resides in the dwelling or who is entrusted with the card
4) No coverage for cards with business exposure (business cards, employers expense cards)
5) The insured’s failure to notify the issuer of the card that it has been lost or stolen would result in a denied claim.
there is no automatic reinstatement of this limit, and it is not subject to a deductible. the limit is $200

66
Q

What is inflation protection?

A

after a loss or at a policy’s renewal, it automatically increases the amounts of insurance for inflation since the inception or most recent renewal, anniversary or policy change.

67
Q

What is Guaranteed Replacement Cost?

A

An undertaking by insurer to pay the cost to replace or repair the dwelling even if it’s more than the amount of insurance purchased, provided that certain conditions are met.

1) The dwelling must be insured to 100% of the cost to replace as determined by the provider of the policy
2) The amount of insurance does not fall below the amount determined by the insurer’s valuation methods
3) the insured notify the insurer within 90 days of the start of improvement, extension, or addition to the dwelling.

68
Q

What conditions must the insurance provider meet when settling a claim at replacement cost? (4)

A

1) replacement must be made promptly
2) replacement must be in the same location
3) payment will be limited to the cost of repairing or replacing the dwelling with new materials or property of like kind/quality, and for like occupancy
4) Settlement will be made only when work is completed and for no more than the actual cost if the work

69
Q

What are the guidelines to settling claims for Data? What will the insurer replace, how, and to what degree? (3)

A

1) for electronic media; insurer will pay for the cost of reproduction of duplicates
2) For other (paper) records: including books of account, drawings, or card index systems, the insurer will pay the cost of blank books/pages/cards as well as the cost of transcribing/ transferring the records
3) Insurer will settle losses at replacement cost aside from items that are inherently irreplaceable or articles whose value largely depends on their age/history ( memorabilia, collectors items, ect.

70
Q

What is the ‘ rule’ or pair and set settlements?

A

If any articles are lost or stolen that were a part of a set, the homeowner’s form will calculate the loss as a reasonable and fair portion of the total value of the set.

71
Q

How is the cost of parts settled?

A

Coverage for loss/damage to any part of property that consists of several parts will be settled for no more than the cost of the damaged part plus installation.

72
Q

What are the insured’s duties after providing proof of loss?

A

the insured, after submitting POL, is to provide all additional documentation as requested from the insurer, and must allow them to make copies, (supplement to stat con 6), with greater burden on the insured.

73
Q

What is the Statutory Conditions clause?

A

it provides that statutory conditions apply uniformly to all perils covered by the policy but allows for modification of those conditions by the the policy or endorsements to it