CPCU 552 Flashcards
Any loss that a person or organization sustains as a result of a claim or suit against that person or organization by someone seeking damages or some other remedy permitted by law.
Liability Loss
The legally enforceable obligation of a person or an organization to pay a sum of money (called damages) to another person or organization
Legal liability
A classification of law that applies to legal matters not governed by criminal law and that protects rights and provides remedies for breaches of duties owed to others.
Civil law
The branch of the law that imposes penalties for wrongs against society.
Criminal law
A wrongful act or an omission, other than a crime or a breach of contract, that invades a legally protected right.
Tort
The failure to exercise the degree of care that a reasonable person in a similar situation would exercise to avoid harming others.
Negligence
A tort committed by a person who foresees (or should be able to foresee) that his or her act will harm another person.
Intentional tort
Liability imposed by a court or by a statue in the absence of fault when harm results from activities or conditions that are extremely dangerous, unnatural, ultrahazardous, extraordinary, abnormal, or inappropriate.
Strict liability (absolute liability)
A legally enforceable agreement between two or more parties in which each party makes some promise to the other.
Contract
The failure, without legal excuse, to fulfill a contractual promise.
Breach of contract
A contractual provision that obligates one of the parties to assume the legal liability of another party.
Hold-harmless agreement (or indemnity agreement)
Liability assumed through a hold-harmless agreement.
Contractual liability
A written law passed by a legislative body at either the federal or state level.
Statue
Any condition or situation that presents a possibility of loss, whether or not an actual loss occurs.
Loss exposure
A conscious act or decision not to act that reduces the frequency and/or severity of losses or makes losses more predictable.
Risk control
The event or circumstance that directly leads to an occurrence.
Root cause
A risk control technique that reduces the frequency of a particular loss.
Loss prevention
A risk control technique that reduces the severity of a particular loss.
Loss reduction
A risk control technique that involves ceasing or never undertaking an activity so that the possibility of a future loss occurring from that activity is eliminated.
Avoidance
A risk financing technique in which one party transfers the potential financial consequence of a particular loss exposure to another party that is not an insurer.
Noninsurance risk transfer
Laws that develop out of court decisions in particular cases and establish precedents for future cases.
Common law (case law)
The branch of civil law that deals with civil wrongs other than breaches of contract.
Tort law
The formal laws, or statues, enacted by federal, state, or local legislative bodies.
Statutory law
The event that triggers coverage under an occurrence coverage form: injury or damage that occurs during the policy period.
Occurrence coverage trigger
The event that triggers coverage under a claims-made coverage form; the first making of a claim against any insured during either the policy period or an extended reporting period.
Claims-made coverage trigger
Interest that may accrue on damages before a judgement has been rendered.
Prejudgment interest
Interest that may accrue on damages after a judgement has been entered in court and before the money is paid.
Postjudgement interest
Insurance coverage for losses that exceeds the limits of underlying insurance coverage or a retention amount.
Excess liability insurance
A liability policy that provides excess coverage above underlying policies and may also provide coverage not available in underlying policies, subject to a self-insured retention.
Umbrella liability policy
A claim that is characterized by an extended delay between the claim’s triggered event and the reporting of the event to the insurer
Long-tail claim
A statue holding establishments that serve alcoholic beverages responsible for harm that results from serving patrons alcohol in violation of the statue.
Dram shop act
The unit in which the exposure is measured, such as gross sales or payroll.
Premium base
A numeric code representing the description in the rating classification table that best fits a particular organization’s operations.
Class code
An employer’s liability for its employee’s operations of their autos in the employer’s business.
Employers non ownership liability
Policy that covers two or more lines of business by combining ISO’s commercial lines coverage parts.
Commercial package policy (CPP)
Policy that covers only one line of business.
Monoline policy
Coverage for damage to customers’ autos left in the named insured’s care while the insured is attending, servicing, repairing, parking, or storing them.
Garagekeepers coverage
Trucks in the medium and larger size classes that are operated beyond a 200-mile radius of the principal garaging location and that are subject to zone rating, which considers the territories in which insured vehicles operates.
Zone rated vehicles
The ISO coverage form designed to meet the auto, GL, and errors and omissions liability insurance needs of auto and trailer deals
Auto dealers coverage form
The provision on the ADCF that severely restricts coverage for customers of the insured auto dealer.
Customer Limitation
The endorsement that deletes the False Pretense exclusion from the ADCF and agrees to pay for loss as a result of the named insured’s (1) being tricked into voluntarily parting with an auto or (2) acquiring an auto from a seller who did not have legal title.
False Pretense Coverage endorsement
The endorsement that modifies the ADCF to cover an auto dealer for collision damage to any covered auto while being driven or transported from the point of purchase or distribution to its destination if such points are more than fifty road miles apart
Dealers Driveaway Collision Coverage endorsement
Coverage that pays necessary medical expenses incurred within a specified period by a claimant (and in certain policies, by an insured) for a covered injury, regardless of whether the insured was at fault
Medical payments coverage
The coverage form filed by ISO that can be used to insure a person or an organization providing transportation by auto in the furtherance of a commercial enterprise.
Motor Carrier Coverage Form
Individuals who lease themselves and their owned trucks to motor carrier to transport property for the motor carrier.
Owner-operators
A contract under which two motor carriers agree to swap trailers and to indemnify each other for any damage that occurs to the other’s trailer while it is in the borrowing motor carrier’s possession.
Trailer interchange agreement
Coverage for a motor carrier’s liability for damage o trailers in its possession under a written trailer interchange agreement.
Trailer interchange coverage
The commercial auto endorsement required by the motor carrier act of 1980, in which the insurer agrees to pay, up to specified limits, the damages that the insured becomes legally obligated to pay for the liability resulting from the negligence in the operation, maintenance, or use of any motor vehicle subject to that law.
MCS 90 endorsement
A statue that obligates employers, regardless of fault, to pay specified medical disability rehabilitation, and death benefits for their employees’ job-related injuries and diseases.
Workers compensation statue
Disease thought to be caused by work or the work environment
Occupational disease
A disability caused by a work-related injury or disease temporarily limits the extent to which a worker can perform job duties; the worker is eventually able to return to full duties and hours.
Temporary partial disability (TPD)
A disability caused by a work-related injury or disease that temporarily renders an injured worker unable to perform any job duties for a period of time.
Temporarily total disability (TTD)
A person hired to perform services for another under the direction and control of the other party, called the employer.
Employee
A person (or an organization) hired to perform services without being subject to the hire’s direction and control regarding work details.
Independent contractor
A federal statue that eliminates the right of most maritime workers (other than crew members of vessels) to sue their employers and, in return, requires such employers to provide injured or ill workers with benefits like those provided by state workers compensation statue.
United States Longshore and Harbor Workers’ Compensation Act (LHWCA)
A federal statue that permits injured members of a vessel’s crew (or survivors of a deceased cred member) to sue their employer for damages due to the employers negligence.
Jones Act (United States Merchant Marine Act of 1920)
A state fund that sells workers compensation insurance in competition with private insurers.
Competitive state fund
A facility, owned and operated by a state government, that provides workers compensation insurance and that does not permit any other insurer to sell workers compensation insurance in that state
Monopolistic state fund (exclusive state fund)
A mutual insurer established by a state’s legislature to write workers compensation insurance for any qualified employer in the state
Employers mutual insurance company
Insurance that covers loss due to a single occurrence only for the amount that exceeds the policy retention.
Specific excess insurance
The policy used in most states to provide workers compensation and employees liability insurance
Workers Compensation and Employers Liability Insurance Policy (WC&EL policy)
Coverage for employers liability that private insurers provide to employers operating in a monopolistic state fund that does not include such insurance in its workers compensation policy.
Stop gap coverage
Endorsement that amend the WC&EL policy to cover employees who are not subject to workers compensation statue.
Voluntarily Compensation and Employers Liability Coverage Endorsement
Coverage that insures employees who are working outside the US and who are not subject to a workers compensation law for benefits equal to those provided under either the workers compensation statue of a specified state or a specific federal compensation act.
Foreign voluntary workers compensation coverage
An endorsement that amends the workers compensation and employers liability policy to cover the insured’s obligations under the US Longshore and Harber Workers Compensation Act.
United States Longshore and Harbor Worker’s Compensation Act Endorsement
Endorsement that amends the Workers Compensation and Employers Liability Insurance Policy to cover an employers liability for injury or death of crew members.
Maritime Coverage Endorsement