Coverage Test Flashcards
Risk
Uncertainty of a financial loss
Pure Risk
chance of loss or no loss but not a gain (insurable)
Speculative Risk
chance of loss or gain (not insurable)
ex: playing the lottery
Transference
transfer the risk of sustaining damage before it happens (insurance)
Risk Sharing
having a deductible on collision coverage
(insured pays deductible) (company pays coverage)
Physical Hazard
hazards that increase the chance of loss
ex:car is not properly maintained
Moral Hazard
hazard of intentionally committing a risk
ex: setting something on fire
Morale Hazard
hazard of being indifferent towards a risk
ex:leaving key in a running vehicle
First Party
Person who is insured can be covered by
*Collision
*Comprehensive
*Med Pay
*Personal Injury
*UMBI
*UMPD
*Rental
*Towing and Labor
Second Party
Insurance Company
Third Party
Someone who makes a claim for the damages or injuries arising from the insured’s negligence (acts or omissions)
*Bodily Injury Liability
*Property Damage Liability
Agreement
Offer and acceptance
By issuing the policy the insurance company is accepting the offer. Offer + Acceptance= Legally Binding Agreement
Competent Parties
At least be 18
Be Sane
Be Sober
Consideration
Each party of the contract gives up something.
The insured pays the premium, the carrier promises to pay claims.
Indemnity
Act of making someone “whole” after a loss
*put someone back in the same financial position they were before the loss
Duties and Conditions
Certain conditions that an insured must meet for the insurer to provide coverage
*Insures must cooperate with investigations
*Company must act in good faith and fair dealings
Aleatory
Contract is one of unequal exchanges of promises.
Doesn’t matter the length of time the premium has been paid to provide coverage.
Adhesion
The insured has limited opportunity to negotiate the carrier’s terms and conditions.
*If it is a gray area the company pays.
Application
Part of the policy that the applicant provides the accurate information in response to the company’s questions
*Many states offer verbal a verbal application
Representations
The answers the customer gives the company as the policy application
Drivers
Vehicles
Producer’s Statement
Applicant’s Signature (agree to not giving fraudulent information)
Financial
Coverages
Declarations
Specifics the named insureds, coverages, vehicles, listed drivers, premiums owed, coverage types, policy limits, policy period
Policy Jacket
Table of Contents for a Policy
Endorsements
An attachment to the policy that modifies or replaces the policy jacket
*usually adds to the policy
Rental Reimbursement
Extended Transportation Expense
Towing and Labor (break down)
Customized Equipment
Goal of an Investigation
Look for coverage afforded under the customer’s policy
*full, fair, timely, objective
*complete investigation within 30 days of notice
*when investigation is complete a fair and objective evaluation should occur.
*should new information come to light, we must re-evaluate our coverage, liability, and damages position
Reservation of Rights
Keeping the person seeking coverage informed
*garaging issue
*unlisted house hold member
*uncooperative insured
Customer may not have coverage but we are going to continue our investigation.
*estimate, claimant statement, estimate of claimants vehicle
DOES NOT GO TO CLAIMANT
Waiver
DO NOT DO
Intentional or voluntary relinquishment of a known right. A waiver may be expressed orally or in writing.
If a customer gets the car serviced before an inspection.
Estoppel
Legal result of a waiver or conduct which implies a waiver. It prevents the party from asserting the original right.
1. A person intentionally or unintentionally creates the impression that a fact exists.
2. The innocent party relies on that impression.
3. The innocent party is harmed by the same reliance.
Coverage Issues
Policy Out of Force, Material Misrepresentation MMR
Policy of out Force
Was the policy active?
Any recent cancellations?
Any lapses in coverages?
TLNP- Take loss no policy
Material Misrepresentation
*failure to list a member was 14 at the time of the application
*new house hold member
*garaging
*failure to report accidents
MMR Investigation steps
- Gather Statements
- Signed application
- Review the policy
- Inform Underwriting
- Underwriting Responds
- Notify Manager
- MMR Summary
MMR Handling (per state)
Rescind the policy
Reformation
Denial of Claim
Cancellation
Material to the Risk
The unlisted driver would not have to be involved in the accident to pursue MMR
Material to the Loss
MMR is material to the loss when the misrepresented fact specifically impacts the particular claim. That is, the unlisted driver would have to be involved in the accident to proceed with the MMR.