DEFINITIONS/terms/wrong q's Flashcards

1
Q

Risk

A

Chance of loss

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2
Q

Peril

A

An event that MAY cause a loss to occur

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3
Q

Proximate cause

A

The immediate and effective cause the loss

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4
Q

Indemnity

A

To put you back in the same financial position just prior to loss , no better, no worse , no profit

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5
Q

Property and casualty (P&C)

A

AKA General insurance Everything other than life and health

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6
Q

Negligence

A

What a reasonable + prudent person would/wouldn’t do in same situation

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7
Q

1st party/ 2nd party to contract

A
  • 1st party = insured
  • 2nd party = insurer
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8
Q

Lloyd’s of London

A

It’s a market!!

NOT insurance

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9
Q

Estoppel

A

Cannot deny what you’ve already said

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10
Q

Reinsurance

A

Insurance for insurance companies

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11
Q

Frequency

A
  • based on % of biz
  • based on % of loss (?)
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12
Q

Severity

A

Dollar amount of loss

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13
Q

Legal entity

A

Someone who can sue or be sued

I.e a business w/ a trade name (not a legal entity, can’t be sued)

I.e : Mikes repair shop: trade name, can’t sue) Mike smith: legal entity, CAN sue Legal entities: - Ltd - limited - inc -incorporated

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14
Q

Actual cash value (ACV)

A

Today’s price - depreciation

OR

Replacement cost - depreciation

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15
Q

Replacement cost

A

Today’s price W/O deducting depreciation

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16
Q

Tort

A

You have been legally wronged Right to sue them (negligence)

17
Q

Material fact (pertaining to underwriter)

A
  • Anything about risk (chance of loss) underwriter needs to know to accept/reject risk + terms and conditions to be added to policy of accepted
18
Q

Misrepresentation

A
  • Non disclosure /concealment
  • Silence when obligation to speak
19
Q

Voidable (void)

A
  • contract never existed
  • any premium rec’d , must be returned
20
Q

Damages

A

Monetary compensation to plaintiff for bodily injury/ property damage )

21
Q

Waiver (of premium?)

A

Relinquishment of a known right

22
Q

Hazard

A

A condition that MAY cause a peril to occur OR may make loss more severe

23
Q

Common law contracts 5 elements

(A Cool Cat Gets Lucky)

A
  1. Agreement
    • offer and acceptance
    • even if not signed
  2. Consideration
    • price to be paid
    • Definition: Payment or promise to pay (monthly) OR An exchg of something of value (even if NOT cash)
  3. Legality of object/Purpose: Can’t be against public policy
  4. Legal capacity (+ legal entity):
    • Minors: can enter contract, but can walk away
  5. Genuine Intention
    • both wanted to enter contract, not forced
24
Q

Insurane contract 3 additional elements

(In It’s Underwear)

A
  • Insurable interest
  • Indemnity (salvage, contribution, subrogation)- SCS
  • Utmost Goodfaith
25
Basic fire policy- 3 perils
1. Fire 2. Lightning 3. Explosion
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SALVAGE
* slavage is the leftover * Disposition negotiated between insurer and insured
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CONTRIBUTION
* the sharing of loss/liability btwn 2 or more isurane co's * Insurance under more than 1 policyt *
28
SUBROGATION
* insurer will bring action in YOUR Name to enforce your rights or assume liability * putting yourself in someone else's shoes
29
Vandalism
damage to property without regard to ownership
30
malicious acts
damage to property DUE TO ownership (don't like the owner)
31
Manuscript wording
one of a kind wording desihgned for a particular risk (i.e CN Tower)
32
Subscription policy
2 or more ins co's subscribing to policy more than 2 insurance co participates in the policy prepared by the lead company other companies take piece of the action to make a full 100%
33
PREMIUM
Money required to pay losses that occur
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Key page numbers
*
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