Commercial, Pecuniary, BI, Liability Flashcards
Fire insurance developed alongside the need for businesses to insure their assets.
True
Initially the need for insurance was seen as very straightforward, to insure property against damage or destruction by fire.
True
Fire insurance
The insurance market sees the ‘Standard Fire Policy’ (the ABI recommended wording) as the basis for its wordings.
True
ABI recommended wording
Although individual insurers have since issued their own plain English versions which provide standard fire cover, and then ‘extra’ perils (known as special perils or in some insurers’ policies as specified contingencies) can be added.
True
It is now common to issue policies covering fire and special perils as standard.
True
ABI recommended wording
So what is ‘standard’ fire cover ?
Standard fire cover is made up of three parts:
Fire (excluding explosion resulting from fire, earthquake or subterranean fire, and its own spontaneous fermentation or heating);
lightning; and
explosion (restricted to explosion of boilers or gas used for domestic purposes only
‘Domestic’ can still apply to industrial and commercial premises, as it relates to the use of the boiler.
True
For example, heating the property or where gas is used in a canteen.
True
‘standard’ fire cover
The special perils that may be included are as follows, each is preceded by ‘damage caused to the property by’ and can be added individually or in combinations.
True
Cyber risks
which exclude damage resulting from risks such as computer viruses etc.
Exclusions apply where damage is caused by
in Explosion:
(bursting of a boiler or other equipment that belongs to or is under the control of the policyholder where the internal pressure is due to steam only (these are items insurable under an engineering explosion policy).
Aircraft (excluding sonic bang), i.e. an aircraft or aircraft parts falling through the roof of a building.
Covered peril under ‘special perils’
Covered peril under ‘special perils’:
Riot and civil commotion,
(The Public Order Act 1986)
Public Order Act 1986 defines a riot as a group of twelve or more people, gathered for and carrying out a common purpose with intent, and force if necessary, and in such a way as to alarm a person of reasonable firmness and courage.
This will only USUALLY cover riots in England, Scotland and Wales, as the Government has a separate scheme in place for Northern Ireland.
Covered peril under ‘special perils’
Riot and civil commotion,
(The Public Order Act 1986)
Insurers apply a condition that riot claims are notified to insurers within an agreed period, NORMALLY
Seven days.
This is because insurers can claim damages from the local police authority for damage incurred as a result of riot activity, and this needs to be lodged with the police within
42 days.
Following the riots in the UK in August 2011,
the Riot Compensation Act 2016 (which replaces the Riot Damages Act 1886 and the Riot Compensation Regulations 2017 which both came into force on 6 April 2017.
The Riot Compensation Act 2016 limits to what can be recovered from the police.
The Act: applies a limit?
£1 million limit for any one claim;
It will not apply to any consequential loss;
True
The Riot Compensation Act 2016
Confirms the time period for bringing a claim against the police as?
42 days.
Allows a further 90 days to submit full claims details;
True
The Riot Compensation Act 2016
Permits replacement goods and property (with some exclusions) on :
A new-for-old basis.
Most insurance policies do not limit what is covered in respect of riot or civil commotion, either under the material damage or business interruption sections.
True
Most insurance policies provide cover up to the sum insured, set by the insured, subject to compliance with policy terms, conditions and exclusions ,
(e.g. notification within a specified timescale).
Recovery by insurers and uninsured claimants from the police is what is limited under the Act and Regulations.
True
Malicious damage, i.e.
Vandalism.
Earthquake:
In some countries ‘earthquake‘ is classed as a fundamental risk due to the frequency and severity of earthquake incidents.
UK insurers are prepared to accept the risk of earthquake damage due to ?
The minimal earthquake activity in this country.
This is still the case despite several larger, albeit localised, earthquakes over the last few years, as the damage has been manageable and not excessive.
True
Spontaneous fermentation or heating or Subterranean fire – otherwise known as underground fire.
Particularly important if you live in an area with former mining activity.
Storm and flood. These two perils are USUALLY written together as quite OFTEN….
Storm is the proximate cause of flood.
An insurer is UNLIKELY to offer flood in isolation and terms are applied to both perils to avoid ambiguity in respect of claims settlement.
True
Property which is vulnerable to such losses is USUALLY excluded,
e.g. gates and fences, as are changes in the water table level.
Escape of water commonly referred to as
‘Burst pipes’ cover
Covered in The Riot Compensation Act 2016
Some package policies may ALSO make reference to escape of heating oil.
True
Impact (including own vehicles).
(Covered in The Riot Compensation Act 2016)
Sprinkler leakage – offered to companies with sprinkler fire protection in their premises provided the systems are maintained.
(Covered in The Riot Compensation Act 2016)
Subsidence, ground heave and landslip (with special exclusions).
(Covered in The Riot Compensation Act 2016)
Certain geographical locations in the UK are prone to subsidence-related damage due to the soil type in the area. Clay soils are also of particular concern, as is surrounding vegetation, and insurers will ALSO be interested in local mining activity, both past and present. Although excluded under some insurers’ definitions of ‘special perils’, sinkholes may ALSO be covered under some policies, as they are NORMALLY found under personal lines household policies.
True
In fact, some insurers will pay for costs where there is no damage to property (yet), to avoid possible future damage if something like a sinkhole is left untouched.
TRUE
( The Riot Compensation Act 2016)
Standard exclusions :
Certain causes of damage are excluded.
Some of these are because they are regarded as fundamental risks…
(War, Riot, Radiation, Pollution), and others because they are more properly insured under other types of commercial insurance policy (marine, consequential losses).
Directors are to:
- Act within the company’s constitution and properly exercise powers.
- Avoid conflicts of interest. (Directors must authorise any individual director’s conflict of interests. They may do so provided there is no conflict with the constitution of the company).
- Declare an interest in any proposed transaction with the company. This must include the nature and extent of that interest.
- Exercise independent judgment.
- Exercise reasonable care, skill and diligence.
- Not accept benefits from third parties, unless this is unlikely to give rise to a conflict of interests.
- Promote the success of the company for the benefit of its members.
Some insurers do not exclude religious and ideological acts by deliberately omitting them from the terrorism definition;
True
These are USUALLY insurers offering capacity within the Lloyd’s Market, which is NOT backed by Pool Re, and OFTEN carries individual location and policy annual aggregate limits.
True
Most insurers’ policies will respond to ‘gap cover’;
Most insurers’ policies will respond to ‘gap cover’;
What is gap cover?
Where a ‘terrorist-type’ incident occurs, but does NOT meet the definitions of terrorism under an insurer’s policy. (This is sometimes referred to as ‘lone wolf’ cover.)
Most insurers’ policies will respond to ‘gap cover’;
True
Northern Ireland excluded perils.
Excluded mainly
Pollution or contamination unless caused by an insured peril or it causes an insured peril to occur.
Excluded mainly
Marine policies.
Excluded mainly
‘More specifically insured’ clauses.
For example, a motor vehicle left in a building overnight that is lost to fire would USUALLY be covered in its own right under a private car motor policy.
Excluded mainly
‘Consequential loss’ exclusion.
For example, loss of profits or income following and consequent upon a loss proximately caused by an insured peril.
Excluded mainly
Sonic bangs.
Excluded mainly
Cyber risks
Which exclude damage resulting from risks such as computer viruses etc.
Although we have said that these insured and excluded perils are GENERALLY standard, you should be aware that ::
The exact wording does differ slightly between the general company market and the Lloyd’s Market.
‘All risks’ insurance ?
Demand arose for a policy which offered cover for accidental damage as well as the standard perils.
All risks insurance developed in response to this, although the name ‘all risks’ is slightly misleading as it does not cover everything, it simply covers :
Everything that is not specifically excluded.
It was realised GENERALLY that uncertainty of loss is NOT restricted to events brought about by fire and special perils, neither limited to events occurring on or about the insured’s premises.
True
The ABI has a recommended wording adding special perils to a basic fire policy and then adding the ‘all risks’ element, with its exclusions.
True
Therefore, some exclusions can be restricted to only the extra ‘accidental damage’ cover, leaving the named perils intact.
True
In essence, all loss, destruction of or damage to the property insured is recoverable as long as it has occurred accidentally in respect of the insured, and the cause is not specifically excluded.
There are no optional extensions: everything is covered, unless specifically excluded.
True
Exclusions can be divided into four groups:
Absolute exclusions
Gradually operating exclusions
Aspects of cover which can be written into the policy
Property or risks more appropriate to another class of business
Absolute exclusions
war, pollution, contamination, consequential loss.
Gradually operating exclusions
corrosion/rust, wind/rain damage to property in the open.
Aspects of cover which can be written into the policy
money, glass, subsidence.
Property or risks more appropriate to another class of business
motor vehicles, aircraft.
Theft cover is USUALLY priced using the theft estimated maximum loss (EML) as a rating factor, as more OFTEN than not a 100% loss is not expected.
True
Theft cover
An EML is the amount (OFTEN expressed as a percentage of the sum insured) which is considered by the insurer to be an accurate reflection of the worst financial effect that the maximum foreseeable loss would have.
True
Theft insurance use rating factor of EML
This is the sort of assumption you could make about a ‘targeted’ theft;
What is the other factor?
An ‘opportunist’ theft which is the lack of preparation and corresponding lack of time to coordinate what is and is not taken.
In both examples, it is unlikely that ALL goods will be stolen.
TRUE
Theft cover
Who GENERALLY applies different levels of rating for the type of goods at risk?
Underwriters.