Danika's Cards Flashcards
What does comprehensive insurance cover?
Covers loss or damage caused by things other than collision, much broader than specified perils but has overlapping coverages.
OSFI
-Office of the Superintendent of Financial Institutions
-Federal Government
To be federally licensed, must meet strict financial standards set by OSFI, OSFI monitors insurers financial solvency
Superintendent of Insurance
Provincial Government
- Supervises terms and conditions of insurance contracts
- Licenses insurers
- Monitors financial stability of provincially licensed insurers (Financial solvency)
PACICC
Property & Casualty Insurance Compensation Corporation (1992)
If participating insurance company goes insolvent, corporation pays out losses.
Max $250,000/claim
Refund up to 70% of unearned premiums, Max $700/policy.
What 6 things must appear on every insurance policy? (Insurance Act)
- Parties to the contract
- Policy Period
- Loss payable or payee, if any
- Type and amount of coverage
- Rate and premium charged
- Subject matter of insurance
What 2 things does the Subject matter of insurance need to include?
- Item insured
2. Location of insured item
Subrogation
The process by which an insurer can, after it has paid a loss under the policy, recover the amount paid from any party (other than the insured) who caused the loss or is otherwise legally liable for the loss.
Effect of delivery of policy
If insurance policy is delivered but not yet paid, coverage is still applied.
Perils under fire peril include:
- Fire
- Lightening
- Explosion of natural gas, coal, or manufactured gas
4 Standard exclusions of fire peril
- Application of heat
- Lightening damage to electrical devices or appliances
- Electrical currents (surge)
- Contamination by radioactive material
Statutory Conditions
- Outline the duties and responsibilities of all parties to the contract.
- Are legislated in provincial insurance acts
- Are required in every fire, auto, and accident & sickness insurance contract
Statutory Condition 1: Misrepresentation
- False description of the property to the prejudice of the insurer.
- Misrepresentation of a material fact
- Fraudulent omission of a material fact
Statutory Condition 2: Property of others
-Insurer does not have to pay out for loss/damage to property of others
Statutory Condition 3: Change of interest
Include exceptions
-Normally only parties to the contract are entitled to benefit from it
Unless:
-Authorized assignment under bankruptcy act
-Change of title by succession
-Change of title by death
Statutory Condition 4: Material Change
- Any change within the control and knowledge of the insured which arises after the policy is issued, and serves to increase the chance of loss.
- To qualify, change must be SUBSTANTIAL and CONTINUING
Statutory Condition 5: Termination
By insurer: Pro Rata
5 days notice in person, or 15 days registered mail day after it arrives at post office
By insured: Short Rate
Any time on request, subject to cancellation fee.
Statutory Condition 6: Requirements after loss
Insured must:
- Give notice to insurer
- Proof of loss whenever practiceable
- Give inventory of undamaged property
- Give receipts/invoices
Statutory Condition 7: Fraud
When insurer is able to prove fraud, it is entitled to deny the entire claim, not just the fraudulent part
Statutory Condition 8: Who may give notice and proof
If insured is unable to give notice (for good reason), an agent of the insured may do so for them.
Ex, if in extended hospital stay, spouse may make claim for them.
Statutory Condition 9: Salvage
Insured must take all reasonable steps to prevent/reduce loss/damage, including property removal if required.
Statutory Condition 10: Entry, Control, Abandonment
- Insurer is granted immediate access to property after loss
- Insured cannot abandon property and risk more damage
Statutory Condition 11: Appraisal
If insurer/insured cannot determine the value of property, either party can request an appraisal.
Statutory Condition 12: When loss is payable
Within 60 days after proof of loss
Statutory Condition 13: Replacement
- Insurer can repair/replace/rebuild any loss
- If they choose to repair, must notify insured of intentions within 30 days of proof of loss
- Must begin action 45 days after proof of loss
Statutory Condition 14: Action
If you want to seek action against insurer, must be within one year of claim
Statutory Condition 15: Notice
Any written notice to insurer must be sent to chief agency or head office.
Who is responsible for the administration of the provincial Insurance Act?
- Superintendent of Insurance
- Superintendent of Financial Institutions (BC only)
Who establishes the code of conduct/ethics for brokers?
Provincial insurance councils
-Typically set a higher standard for brokers than the insurance act does.
Licensing standards (5 points)
- Qualifications for licensing
- Class of license
- License Jurisdiction
- License term
- Basis for termination of license
What is an Agent/Broker
-Serves as intermediary between client and insurer.
-They are not a party to the contract
Agent= Represents insurers interests
Broker= Represents client’s interests
What is a broker’s primary duty to clients?
Ensure that they receive the right insurance advise and coverages.
What is a broker’s primary duty to insurers?
- Will tell the truth about risks submitted
- Will not withhold or conceal important information.
E&O Claim
Errors & Omissions Claim
- When a client suffers financial loss due to broker’s mistake, E&O claim filed against brokerage.
- Most common claim is inadequate coverage
Underwriter
- An insurer employee who evaluates applicants for insurance, selects those that are acceptable to the insurer, prices coverage, and determines policy terms and conditions.
- Primary role is to select risks most likely to be profitable for the insurer.
- Does not require a license
- Underwriter/broker relation very important
Where do underwriter’s obtain the information required to assess risk? (4)
- The application
- The broker
- Loss experience data
- Inspection reports
Physical Hazard
a physical condition that increases the chance of loss Example: -Type of building construction -Occupancy -Housekeeping
Moral Hazard
Subjective characteristics of the applicant that could cause a peril to occur. Examples: -Financial conditions -Moral character -Indifference to loss
Underwriter’s possible decisions for assessing risks
- Reject the risk
- Accept the risk unconditionally
- Accept risk w/ increased rate
- Accept risk w/ increased deductible
- Accept risk subject to conditions
Underwriter’s policyholders services
- Makes any changes to policy
- Prep of cancellation notice (If required)
- Prep of renewal certificate