1
Q

Sometimes an insurer can:

A

recover the money it has paid out in settlement of a claim from a third party.

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2
Q

insurers make agreements between themselves to :

A

smooth the process of claims settlement and to reduce its cost.

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3
Q

When a claim has been notified, and assuming that all the parties have carried out their respective duties, all that remains is for the claim to be :

A

Settled.

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4
Q

There are four ways in which the claim can be settled. These are:

A

payment of money;
paying for repairs;
replacement; and
reinstatement.

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5
Q

The payment of money directly to the insured is:

A

the easiest and most common form of settlement.

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6
Q

The payment of money directly to the insured is the easiest and most common form of settlement, as it is simply a cash payment to the insured covering the amount of their claim.

A

TRUE

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7
Q

The insurer can also pay for repairs, this is very common with motor vehicle repairs (often
by using authorised repairers).

A

TRUE

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8
Q

An estimate would usually be provided to the insurer which would then authorise repairs.

A

TRUE

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9
Q

If the repairs are extensive, an engineer may inspect the vehicle first. The invoice would be sent directly:

A

to the insurer for settlement (minus any policy excess).

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10
Q

Insurers can also arrange to replace damaged or lost goods. This is often the case with:

A

glass insurance for instance,

as glaziers frequently offer discounts to insurers.

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11
Q

Replacement can be used as a form of indemnity in the case of suspected fraud.

A

TRUE

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12
Q

Why offering a replacement for a stolen or damaged item would discourage fraud?

A

If someone was fraudulently claiming for a stolen item in order to raise cashyit would be frustrating for them to receive a replacement, which they would have to sell in order to get the money.

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13
Q

The final option available to an insurer is:

A

to reinstate that which has been damaged by the

insured peril.

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14
Q

in relation to reinstatement, extensive damage to or destruction of a building, insurers can take control of the repair and/or rebuilding themselves. This course of action is:

A

Seldom used as it carries onerous obligations for the insurer .

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15
Q

If the sum insured is exceeded,

the insurer is responsible for paying the full amount in relation to reinstating a building caused by an insured peril.

A

TRUE.

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16
Q

Replacement and reinstatement only apply if stated in the policy. Therefore, if they are not offered by the policy as settlement options they do not apply and the insured? :

A

the insured only has a right to financial compensation.

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17
Q

An explanation must be provided to

the insured of the usual way in which such claims are settled.

A

True

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18
Q

Other than the authorised repairers, circumstances in which an insurer will pay someone other than the insured?

A

paying a hire purchase company the amount still outstanding for a lost item with the balance of the value paid to the insured;

paying a mortgage company following severe damage to a property;

paying a doctor under a private medical insurance policy.

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19
Q

Other than those examples….
(of circumstances in which an insurer will pay someone other than the insured),
what else?

A

Liability claims.

Claims paid by insurer to third party personal injury.

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20
Q

Any form of claims must be explained to the insured, before payment is made in order for the Insurer?? :

A

Insurer to comply with the FCA principle of the fair treatment of customers!

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21
Q

What is the indemnity for the insured when -at-fault liability claim to a third party?

A

Insured indemnified by not having to pay out of their own pocket.

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22
Q

Insurers are facing increasing numbers of what are known as ‘surge events’. This is when?

A

an insured event causes a higher volume of claims than normal, placing greater demand on the insurer’s claims resources.

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23
Q

When insured makes claim, Insurer claims resources are in high demand, an example would be :

A

Surge events

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24
Q

Surge events is the type of insurance policy that …

A

is restricted to property claims, either residential or commercial,
but could also affect other classes of insurance…

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25
Q

Can you think of a type of insurance peril which could be affected by a surge in claims?

A

This could be as a result of :
a significant storm,
a period of prolonged rain leading to flooding
or
an exceptionally cold spell leading to increased claims for burst pipes

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26
Q

Can you think of another type of insurance which could be affected by a surge in claims?

A

Travel Insurance

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27
Q

Insurers need to be ready for a surge event as it is not easy to predict when it might occur.

A

TRUE

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28
Q

What do insurers need to do to be able to handle claims, that they would not usually deal with?

A

Staff need to be trained and claim notification processes need to be adapted to cope with the number of calls, without impacting the validation of claims.

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29
Q

Surge events are often localised and insurers will interrogate their databases in times of surge and proactively contact customers in the affected area to establish if claims need to be made..

A

True

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30
Q

Insurers also send staff to local temporary offices near the affected area, to make the process easier for the customer.

A

True

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31
Q

In times of surge, requesting documentation/quotes for repair is sometimes difficult.

A

TRUE

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32
Q

In these situations, customer descriptions or photographs may be sufficient to validate the loss

A

TRUE

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33
Q

something that would be less acceptable in normal circumstances?

A

TRUE!

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34
Q

In a surge event, it is important for an insurer to priorities customer needs and manage the expectations of those:

A

With lower priority claims.

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35
Q

There are a number of circumstances in which an insurer will refuse to pay a claim. This is known as :

A

repudiation.

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36
Q

What circumstances can you think of where an insurer will refuse to pay a claim?

A

Breach of material warranty,
policy condition,
cover never in force,
fraud.

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37
Q

Fraud needs to be???

A

Proven .

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38
Q

In relation to proving fraud, all policy benefits will be forfeited from the date of the fraudulent act and:

A

The insurer may keep the premium.

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39
Q

If Cover was never in force?

A

A claim occurred outside the policy period.

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40
Q

A person claimed for damage to the insured’s own car under a third party only motor policy, is binding on the insurer to state that?:

A

To state that cover was never in force under this type of policy.

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41
Q

If a theft occurs while a burglar alarm has not been set, and there is a warranty states that it will be set
(the emphasis here being on ‘materiality’),
then the insured:

A

Is under the Breach of a material warranty.

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42
Q

A claim was reported so late that the insurers were prejudiced in respect of any recovery rights, this is an example of:

A

Breach of a policy condition

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43
Q

If the policy condition is precedent?

A

Insurers can avoid policy liability, regardless as to whether insurers were prejudiced by late notification or not.

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44
Q

Can you think of examples where insurers will make a payment of less than a full indemnity?

A

Sum insured or limit of liability,
Application of average,
excess or deductible and
an Ex-gratia payment.

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45
Q

If a loss is greater than this sum or limit, the insured’s recovery is limited to that amount, this is an example of:

A

Sum insured or limit of liability

46
Q

The application of an average clause tends to be the case of underinsurance on a property policy. Meaning?

A

Any claim will be paid in proportion to the sum insured, and insured is charged by reduced premium.

47
Q

First amounts payable by an insured, resulting in a less-than-full indemnity is an example of:

A

The application of a compulsory excess or deductible.

48
Q

When must an insurer provide an explanation as to why there is a difference between the amount claimed, and the settlement figure?

A

In any cases involving partially met claims of less than full indemnity.

49
Q

What is an ex gratia payment?

A

An ex gratia payment, which is a claim payment made by an insurer as a gesture of goodwill, even though there is no obligation to pay.

50
Q

Ex gratia payments may result in a loss being only partially met.

A

TRUE.

51
Q

An insurance contract is one of:

A

indemnity.

52
Q

What’s the intention of recovery?

A

The intention is to put the insured in the same financial position after a loss as they were before it occurred.

53
Q

If an insured wants to recover their loss from another source, but fails to do so, why?

A

The claim has already been settled by their insurer.

54
Q

The insurer, has subrogation rights, meaning it can pursue any right of action available to the insured, which may reduce the insurer’s loss.

A

TRUE !

55
Q

When the insurer ‘stands in the shoes’ of its insured and avails itself of the rights and remedies open to the insure, is an example of:

A

Subrogation

56
Q

In subrogation the insurer can pursue a responsible third party to recover from them any payments it has made.

A

True

57
Q

Usually a condition in the insurance policy giving the insurer rights before any payment is made, but the insurer cannot actually recover until it has made payment. This is an example of :

A

Subrogation

58
Q

If a responsible third party has insurance covering their liability, their insurers may make payment, but any right of recovery will be directly against :

A

the third party.

59
Q

Recovery of payments is most clearly seen with :

A

motor insurance

60
Q

Insurers will often have whole departments dedicated to recovering monies from negligent third parties or will:

A

outsource this role to a dedicated supplier.

61
Q

In an insurance claims context, what does the term ‘salvage’ refer to?

A

Salvage is the damaged article that has been the subject of a claim.

62
Q

An important consideration for the claims department on settling a claim is whether a damaged item (the salvage) has any residual value.

A

TRUE

63
Q

Most insurers will have a condition in their policy wordings that on settlement of a claim, the salvage will become the insurer’s property.

A

TRUE

64
Q

The insured has a right to abandon the property to the insurer:

A

FALSE,,,

The insured has NO right to abandon the property to the insurer

65
Q

it is the value of the salvage to which the insurer is entitled.

A

True

66
Q

When a motor insurance claim has been settled on a total loss basis, the insurers usually:

A

keep the salvage .

67
Q

Who do insurers sell the salvage through and why?

A

Through specialist salvage companies and to minimise costs.

68
Q

Alternatively, the insured may be allowed to retain the salvage, and the claim payment will :

A

be reduced by whatever amount has been agreed to be the value of the salvage.

69
Q

Salvage with property insurance, an example would be .

A

If a carpet is damaged by paint the insured may want to keep the carpet and cut it down to use it in a smaller room.
The insurer would then negotiate with the insured to pay a sum to retain the salvage (or reduce the payment to the insured by that amount).

70
Q

With property insurance, the amount payable by an insurer is limited to the sum insured (a value declared by the insured at the start of the policy).

A

True

71
Q

Who declares the value of the sum insured limits at the start of the policy at in property insurance?

A

Insured

72
Q

Once the sum insured value figure is known, who determines the insured’s contribution to the common pool (the premium)???

A

Insurer

73
Q

What happens when this declared figure is less than the actual figure at risk?

A

It would mean that the insured had contributed less to the premium pool than they should have done, which would be unfair.

74
Q

In relation to a declared value bein less than the value of the risk, most property insurances incorporate:

A

an average clause.

75
Q

What is another term to define average clause?

A

A pro rata condition of average.

76
Q

What does the Pro rata condition of average state???

A

That the insured is acting as their own insurer for the difference between the actual value and the declared value.

77
Q

Who will bear any appropriate proportion of any losses, when in pro rata condition of average?

A

The insured

78
Q

When does the insured act as their own insurer?

A

In pro rata condition of average, for the difference between the actual value and the declared value.

79
Q

CHECK OUT EXAMPLE 6.2 & 6.3

A

About Average clause and sum insured and limits of liability….

80
Q

What is an excess?

A

An excess is the first amount of each and every claim which is not covered by the policy.

81
Q

When the claim is settled the amount of the excess is taken away from the payment made to the insured.

A

True

82
Q

For example, a loss of £500 on a policy with a £100 excess would result in the policyholder receiving £400 in settlement of the claim.

A

True

83
Q

Excesses can be either compulsory or

voluntary.

A

True

84
Q

A compulsory excess is one that is applied by the insurer as a term of the policy.

A

True

85
Q

What does a compulsory excess reflect?

A

It reflects the fact that a higher risk might apply.

86
Q

In motor insurance, a compulsory excess may be applied to:

A

a young or inexperienced driver or to a named driver who had a poor driving record (accidents or motoring convictions)

87
Q

Excesses may be as low as £100,
BUT can be greater than £1,000, depending on the level of risk being proposed and the insurer’s willingness to accept it.

A

True

88
Q

Who accepts on the level of risk being proposed in relation to excess?

A

The insurer.

89
Q

In home insurance, a compulsory excess would apply to different perils, for example in relation to claims for escape of water or subsidence.

A

True

90
Q

They may be used as a disincentive for customers to make small claims. Such excesses in home insurance may be a few hundred pounds.

A

True

91
Q

But ,,, which can cost many thousands of pounds to rectify, the excess is usually at least £1,000, in the case of?.

A

in the case of subsidence claims,

92
Q

When can voluntary excess be applied?

A

To a policy at the policyholder’s request.

93
Q

In return for accepting the first proportion of any claim, the policyholder receives ??

A

The policyholder receives a discounted premium for voluntary excess.

94
Q

Voluntary excess is more common in motor insurance than home.

A

True

95
Q

It is possible to have a voluntary excess in any class of business.

A

True

96
Q

Who agrees on the voluntary excess and the discount in return?

A

the insurer and policyholder to agree what the excess would be and what discount would apply in return.

97
Q

It is possible to have both compulsory and voluntary excesses applying to THE SAME risk and policy?

A

TRUE!

It is possible to have both compulsory and voluntary excesses applying to the same risk and policy

98
Q

In liability policies, such as motor insurance, where the policyholder is not responsible for the damage caused, it is possible for them to recover their policy excess from the responsible party.
What would this process be deemed as?

A

an uninsured loss.

99
Q

It is possible to purchase legal expenses insurance to help recover such losses,

A

True

100
Q

In such a scenario (where the policyholder is not responsible for the damage caused, and wants to recover their policy excess from the responsible third party) the services of an:

A

uninsured loss recovery service would be employed.

101
Q

Purchasing legal expenses insurance in liability insurance, to help recover losses from responsible third parties would also employ the services of :

A

Uninsured loss recovery service.

102
Q

What is a deductible??

A

A large excess (though the term can have a more specialised application in certain circumstances, which are beyond the scope of this course).

103
Q

An insurer may wish to restrict their cover to only large claims and be its own insurer for smaller claims.

A

Usually with a large commercial concern.

104
Q

When would a deductible apply?

A

to the first amount of each and every claim.

105
Q

SEE EXAMPLE 6.5

A

DEDUCTIBLES RELATED

106
Q

What is a Franchise?

A

a threshold that is used to decide when a claim is to be paid. Once the claim exceeds the level of the franchise, the claim is paid in full.

107
Q

An example, If a policy had a franchise of £500, and a claim occurred for £400, the insured would receive nothing. If the claim was for £600,

A

the insured would receive the full £600.

108
Q

A time franchise may also be applied which is un terms of hours or days, usually in which policies?

A

personal accident policies.

109
Q

personal accident policies usually applied in?

A

Franchises

110
Q

Franchises are not as common as

A

deductibles and excesses.

111
Q

who is largely confined to commercial insurances???

A

true (Franchises are not as common as deductibles and excesses, and are largely confined to commercial insurances)