Definitions Flashcards
What is a property policy provision that stipulates that the insurer need not accept any damaged property that the insured chooses to relinquish? This also means the insured cannot abandon damaged property to the insurer and demand to be reimbursed for its full value.
Abandonment Condition
What is the performance of an act so dangerous as to be sufficient to trigger liability regardless of the degree of negligence?
Absolute liability
What is an unforeseen, unintended, and unexpected event, which occurs suddenly and at a definite place?
An accident
What is a filed Commercial Inland Marine form that pays for the cost of reconstructing accounts receivable records that have been damaged or destroyed by a covered peril?
Accounts receivable insurance
What is a method for placing value on property at the time of its loss or damage?
Actual Cash Value (ACV)
What are supplemental insurance coverages that apply only in certain circumstances, have reduced or separate limits of liability or require the insured to meet certain requirements before they are applicable?
Additional Coverages
One who qualifies as “insured” under the terms of a policy even though not named as insured is called _____________.
Additional insured
This coverage, found in homeowners forms, provides payment for extra expenses made necessary by the insured’s inability to reside in the insured dwelling because of a covered loss. For example, restaurant meals and hotel bills. The amount payable is the difference between normal household expenses and the increase.
Additional living expense insurance
A standardized set of agreements offered by one (usually the stronger) party to another on a “take it or leave it” basis. And insurance policy is an example of such a contract. The insurer offers a personal auto policy, fro example, that an individual may “adhere to” (or not) but in any case the individual may not change any of its terms. Because it has the stronger position, the insurance company has the burden to spell out its terms precisely. Such contracts are interpreted strictly against the author of the contract.
Adhesion contract
A person who may act either on behalf of the insurance company or the insured in settling a claim.
Adjuster
An insurance company that is licensed (admitted) to conduct business within a given state. Also know as an authorized insurer.
Admitted Insurer
The tendency of poorer than average risks to buy and maintain insurance. This occurs when insureds select only those coverages that are most likely to have losses.
Adverse selection
Claim arising out of slander, libel, copyright infringement, or misappropriation of advertising ideas. Coverage is provided as part of Coverage B of the commercial general liability policy.
Advertising Injury
Principles governing the authority of any agent that represents a principal.
Agency
One who solicits, negotiates or effects contracts of insurance on behalf of an insurer.
Agent
Insurance obtained by the insurance agent to guard against loss caused by an unintentional failure to properly insure (or recommend insurance to) a client.
Agents errors and omissions insurance
A certificate of authority from the state that permits the agent to conduct business.
Agent’s license
Type of policy limit found in Liability policies that limits coverage to a specified total amount for all losses within one policy period.
Aggregate limit
Condition found in some Property insurance policies that stipulates a certain value that will meet the coinsurance requirement. If the policy limit equals or exceeds this amount, the insured will not be assessed a coinsurance penalty. Also called Stated Amount Condition
Agreed Value Condition
A contract that is contingent on an uncertain event (a loss). Insurance contracts are of this type.
Aleatory Contract
Organization that rates the financial stability of insurance companies doing business in the US
A.M Best Company
Non-filed Commercial Inland Marine transportation form that insures a property owner’s incoming or outgoing shipments of goods during a year.
Annual Transit Policy
A legal doctrine that states that an agent has whatever authority a reasonable person would assume he or she has. It is the perceived ability of an agent to bind an insurance contract to an insurance company. If an agent or agency holds themselves out as representing a particular company, it is reasonable for the public to assume that such authority is established contractually, even if it is not.
Apparent Authority
Questionnaire filled out by an agent and the prospect who is seeking insurance. This form contains information used to underwrite and rate the policy.
Application
Policy condition that outlines a procedure for when the insured and insurer disagree on the amount of a loss.
Appraisal Condition
Another structure on the same premises as the principal structure, like a detached garage on a dwelling premises
Appurtenant structures
Policy condition that is similar to the Appraisal condition. The clause spells out how disagreements over a claim are settled.
Arbitration condition
Mutual insurance company that charges members a pro-rata share of losses at the end of each policy period.
Assessment Mutual Company
Condition in insurance policies that specifies that the policy cannot be transferred to another unless the company consents to the transfer in writing.
Assignment Condition
Defense against liability based on the common law principle that a person who knowingly exposes himself or herself to danger or injury assumes the risk of loss and cannot hold another person responsible for the loss.
Assumption of Risk
An individual who is given authority to execute legal documents, including bonds; or the manager of a reciprocal exchange, which is an insurance arrangement whereby risk is transferred to other members.
Attorney-in-fact
Company that meets a state insurance department’s standards and is authorized to do business in that state. Also called an Admitted Insurer
Authorized Insurer
A program set up by various states to ensure that everyone with a valid driver’s license will be able to purchase auto insurance.
Auto Insurance Plan
Insurance applying to the medical, hospital, or funeral expenses of anyone injured while on or in an insured automobile. The coverage is not dependent on liability, being triggered simply by an accident, it may be included in either the Business Auto Policy or the personal Auto Policy.
Automobile Medical Payments
Insurance in which the insurer agrees to pay all sums for which the insured is legally obligated because of bodily injury or property damage arising form the ownership, maintenance, or use of an auto.
Automobile liability insurance
Insurance on the vehicle, itself. This usually is broken down into collision and other than collision coverages.
Auto physical damage insurance
Insurance that provides coverage for physical damage to aircraft.
Aviation Hull Insurance
Insurance provided for owners of aircraft that covers liability for bodily injury, injury to passengers and property damages. Also provides Medical Payments Coverage
Aviation Liability Insurance
One who is charged with the care of the property of another.
Bailee
A non-filed Commercial Inland Marine form designed to reimburse a bailee’s customers for loss without regard to liability.
Bailee’s Customer Policy
The act of delivering property in trust to another for a limited time and specific purpose.
Bailment
The person delivering property to another in trust.
Bailor
Illegal acts committed willfully by a ship’s master or crew for the purpose of damaging the ship or cargo. Includes hijacking, abandonment and embezzlement. This peril is covered in Ocean Marine insurance.
Barratry
Organization that rates the financial stability of insurance company’s doing business in the US
Best’s
Type of Surety Bond that guarantees an owner, the “obligee”, that the accepted contractor will actually undertake the work and that the contractor will furnish performance, payment, and perhaps, maintenance bonds–or that the contractor will pay the owner the difference between the amount of the contractor’s accepted bid and the bid of another contractor who has to be called in to complete the project.
Bid bond
Standardized contract of carriage issued by common carriers to the business for which it is shipping goods.
Bill of Lading
An oral or written statement that provides immediate insurance protection for a specified period. Designed to provide temporary coverage until a policy is issued or denied.
Binder
The authority extended to an agent by an insurer to provide insurance, usually on a temporary basis, until a policy can be written.
Binding Authority
Type of insurance covering multiple items of property as a group. Covered property may be at one location or several.
Blanket Insurance
Fidelity bond that covers losses arising from the dishonesty of one or more employees acting separately or in collusion. Provides a single limit of liability applicable to each employee involved in a loss.
Blanket Position Bond
A term that refers to physical injury, sickness, or disease, or death resulting therefrom. In some jurisdictions includes emotional injury
Bodily Injury
Legal obligation that flows from the injury or death of another person. This insurance is commonly limited to bodily injury liability derived by way of negligence, but coverage of liability by way of contract (holding another harmless) is also possible.
Bodily injury liability
Insurance that covers the insured for losses arising out of the use of steam boilers or other machinery or equipment. May be included in the commercial package policy
boiler & machinery insurance
A document for expressing surety. It engages 3 entities; the “surety” (bonding company) sells the bond to the “principal” for the purpose of paying the amount the principal will owe to the “obligee” upon failure of the “principal” to perform some act or provide some service under agreed terms
Bond
A bond that guarantees the principal’s honesty
Fidelity Bond
A named peril policy that extends beyond the basic named perils
broad form perils
The financial assumption of responsibility by one or more persons for fulfilling another’s obligations.
Surety Bond
Dwelling policy endorsement that covers theft, attempted theft and vandalism and malicious mischief resulting from theft.
Broad Theft Coverage Endorsement
One who represents the insured in arranging insurance. He or she may also serve as the agent of an insurance company.
Broker
One of the Commercial Property Coverage forms specifically applicable to construction projects. It is commonly written in an amount to cover the value of the structure when completed. The premium charge takes into account that values at risk increase gradually over the term of the policy
Builders Risk Coverage Form
Optional form used with the Commercial Property Builders Risk coverage form that allows the insured to purchase a smaller amount of insurance that gradually increases as the value of the building under construction increases
Builders Risk Reporting Form
The taking of property by a person unlawfully entering or leaving the premises as evidenced by visible signs of forced entry or exit
Burglary
One of the Commercial Auto Coverage forms that covers a business’s owned, non-owned and hired autos against liability and physical damage losses
Business Auto Coverage Form
One of the Commercial Auto Coverage forms that covers a business’s owned or hired autos for physical damage only.
Business Auto Physical Damage Coverage Form
Commercial Property Coverage forms that pay for loss of income that the insured sustains due to a direct physical loss from a covered peril that forces the insured to suspend operations until the property can be repaired, rebuilt or replaced with reasonable speed. Available with or without Extra Expense coverage
Business Income Coverage Form
Commercial Property Coverage form designed for insureds whose business income is dependent on the ongoing operations of other businesses they do not own. It covers loss to an insured when the operations of a key supplier, customer, or “leader property” on which the insured’s operations are dependent, is shut down by a covered peril. Also referred to as “contingent business income”.
Business Income from Dependent Properties – Broad Form
Liability that arises out of the conduct of a business
Business Liability
A term relating to “contents” of a commercial enterprise. It may include furniture, fixtures, machinery and equipment as well as stock, all other chattels owned by the insured, and even use interest in building improvements and betterments
Business personal property
Homeowners policy endorsement that provides Liability coverage for a business conducted away from the residence premises
Business Pursuits Endorsement
A package of property and liability insurance for small and medium size businesses. Eligibility requirements are stricter than the CPPs
Businessowners policy (BOP)
Filed Commercial Inland Marine form written to cover camera and musical instrument dealers. It covers the insured’s stock as well as customers property in the insured’s care, custody or control
Camera and Musical Instruments Dealers Coverage Form
Termination of an insurance policy by the insured or the insurance company during the policy period
Cancellation
The accumulated permanent resources a company gets from owners and customers. The value of the portion of assets that a company owns and that are not restricted by obligations to creditors.
Capital
An expression common to liability insurance contracts. It refers to an exclusion in the policy eliminating coverage for damage to property of others that is in the insured’s care, custody, or control”. The insured has a bailee relationship to the property, in other words, making the insured liable for the care of the property beyond damage caused by negligence. A bailee’s floater is often used to cover the insured’s obligation for the care of such property.
Care, custody, or control
Type of Ocean Marine insurance that covers goods while they are in transit over water.
Cargo Insurance
Line of insurance that includes a wide variety of unrelated coverages, including Liability, Auto, Workers Compensation, Aviation, Crime and Surety Bonds.
Casualty insurance
Separate form used with the Commercial Property Coverage part of the commercial package policy that lists covered perils and exclusions. Several different versions provide increasingly broader coverage from basic to broad to special.
Causes of Loss forms
A written description of insurance in effect as of the date and time of the certificate. It does not ordinarily confer any rights on the holder, i.e, the issuing insurer does not promise to inform the holder of change in or cancellation of coverage.
Certificate of Insurance
Person employed by or acting on behalf of an insurance company to evaluate and settle insurance claims. The adjuster must determine the cause of loss, whether the loss is covered by the policy, the value of the loss, and the amount of loss payable by the policy.
Claim Adjuster
Commercial General Liability coverage form that pays for BI or PD for which a claim was first made against the insured during the policy period.
Claims-Made form
Policy condition the requires an insured to pay part of a loss if the amount of insurance carried on property is less than a specified percentage of the value of the property at the time of loss
Coinsurance
The amount not paid by the insurance company because the insured failed to comply with the coinsurance condition
Coinsurance Penalty
A type of physical damage insurance available for automobiles. Coverage is triggered when damage is caused by striking another object. may also include upset or overturn of the insured auto.
Collision Coverage
The sum of an insurance company’s loss ratio and expense ratio used as an indicator of profitability for insurance companies. A ratio of 100% is the break-even point. A ratio below 100% is the break-even point. A ratio below 100% indicates an underwriting profit; a ratio above 100% indicates a loss.
Combined ratio
Filed Commercial Inland Marine form that covers photographic equipment or musical instruments used commercially.
Commercial Articles Coverage Form
A part of the Commercial Package policy that provides Liability and Physical Damage coverage for a business’s autos, including garage, trucking and motor carrier businesses
Commercial Auto Coverage Part
Type of Fidelity bond that covers the named insured against employee dishonesty. A single coverage amount applies to any one loss, regardless of the number of employees involved.
Commercial Blanket Bond
A part of the Commercial Package policy that covers various crime exposures of businesses
Commercial Crime Coverage Part
Insurance designed for businesses, institutions, or organizations
Commercial lines
Package policy for businesses developed by ISO. Insureds can select 2 or more of the following coverage to include in the policy: Commercial General Liability, Commercial Property, Commercial Inland marine, Commercial Crime, Boiler and machinery, Farm, and Commercial Auto.
Commercial Package Policy
A part of the Commercial Package Policy that provides insurance for a business’s real and business personal property
Commercial Property Coverage part
Category of the Nationwide Definition that includes a number of Commercial Inland Marine forms, such as Bailee’s Customer forms, Equipment forms, Business floaters, and Dealer’s policies
Commercial Property Floater Risks
The official in a state (or territory) responsible for administering insurance regulation. Sometimes called the Superintendent or Director of Insurance
Commissioner of Insurance
Form that must be included in the Commercial Package Policy that contains conditions that apply to all coverage issued under the CPP
Common Policy Conditions
For that must be included in the Commercial package policy that contains information about the insured that applies to all coverage issued under the CPP
Common Policy Declarations
A variation of contributory negligence, in which the comparative degree of negligence for each party to an accident is taken into account when awarding damages.
Comparative negligence
The award, usually monetary, that is intended to compensate the claimant for injury sustained.
Compensatory Damages
One of the requirements of a legal contract. States that for a contract to be valid, it must be made between parties who are considered competent under the law.
Competent Parties
Method of providing Workers Compensation coverage in some states. Employers may either purchase insurance form a private insurance company or from a state fund
Competitive State Fund
A bond that guarantees a lending institution or other mortgages that a building or other construction that they have lent money on will be completed on time so it can be used as collateral on the loan
Completion Bond
Traditional name for physical damage coverage for losses except collision and those perils or property that are specifically excluded
Comprehensive Coverage
Provides individuals and family members with protection from legal liability for most accidents caused by them in their personal lives. Note that any legal liability claims submitted while in the course of business activities are not recovered
Comprehensive personal liability insurance
The withholding of a material fact involved in the contract on which the insurer relies
Concealment
When two perils contribute concurrently to a property loss, one excluded and the other not, the effect of the exclusion tends to be voided in a policy covering on an open perils basis
Concurrent Causation
A contract that contains a number of conditions that both parties must comply with
Conditional Contract
Portion of an insurance policy that describes the rights and duties of the insured and the insurance company under the policy
Conditions
A characteristic of a legal contract. The thing of value exchanged for the performance promised in the contract
Consideration
Insurance professional, who, for a fee, offers advice on the benefits, advantages and disadvantages of various insurance policies
Consultant
A legal agreement between two competent parties that promises a certain performance in exchange for a certain consideration
Contract
Category of Surety bonds that guarantee the fulfillment of contractual obligations. Includes Bid bonds, Labor and Materials bonds, Performance bonds, Payment bonds, Supply bonds, and Completion bonds.
Contract Bonds
Non-filed Commercial Inland Marine form designed for the special needs of contractors to insure their heavy machinery, equipment and tools a contract uses in business
Contractors Equipment Floater
Liability that does not arise by way of negligence but by assumption under contract. For example, in certain leases, a tenant may assume a landlord’s liability to others for unsafe conditions on the premises.
Contractual Liability
A common law defense against negligence that states if an individual contributes to his or her own loss in any way, then someone else cannot be held liable for the loss.
Contributory negligence
An authorized signature of agent or company representative on an insurance policy. Usually pertains to policies sold by an agent of the insurer located in another state
Countersignature
Type of Surety bond used to settle legal arguments that do not involve monetary damages
Court Bond
Document that contains insuring agreements, coverages, exclusions and conditions. Must be attached to a policy jacket o make a complete policy.
Coverage Form
Combination of forms and endorsements used to provide a particular commercial coverage. The forms and endorsements are available under each coverage part can be used to issue a policy covering a single line of insurance or combined to provide a Commercial Package Policy.
Coverage Part
Event that activates coverage under a Commercial General liability coverage for.
Coverage Trigger
A broad category covering loss of property through criminal activity – from employee dishonesty to burglary and robbery, computer fraud, and forgery
Crime Insurance
Insurance covering growing crops against hail, wind, and fire. Protection against a broader range of perils can often be arranged as well
Crop Insurance
As defined in the Crime Insurance forms, an insured, partner, or employee who has care and custody of insured property within the premises. Does not apply to watchpersons or janitors
Custodian
Monetary compensation awarded by a court to an injured party
Damages
That part of a property or liability insurance policy that discloses information pertinent to the coverage promised including names, addresses, limits, locations, term, premium, forms and so on.
Declarations
The part of the loss that is to be paid by the insured. The insurance company pays the remainder of each covered loss, up to the policy limits.
Deductible
Legal expenses incurred by the insurer to defend suits brought against insureds.
Defense Costs
Section of an insurance policy that clarifies the meaning of certain terms used in the policy
Definitions