Exam 2 Flashcards

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1
Q

The “primary coverage” in an insurance package.

A

General Liability Insurance

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2
Q

Insurance which covers vehicles (cars, trucks, vans) used for business.

A

Commercial Auto Policy

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3
Q

A state-mandated coverage for workers injured on the job.

A

Worker’s Compensation

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4
Q

The “additional coverage” in an insurance package, which addresses all areas not covered by primary coverage.

A

Umbrella/Excess Coverage

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5
Q

Failure to provide _____ ______ may result in a breach of contract.

A

Contractor’s Insurance

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6
Q

The right time to report an accident is ___________.

A

As soon as possible.

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7
Q

The insurance company who writes the policy.

A

The Carrier

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8
Q

The injured party in an accident, who may or may not be insured.

A

The Claimant

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9
Q

The beginning act of filing a claim on an individual or corporation.

A

To put on notice.

I.e. conveying to someone that you are filing a claim on them. “Hey, I’m filing a claim.”

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10
Q

An individual or corporation who carries insurance.

A

The Insured

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11
Q

A financial limit on a claim.

A

Policy Limits

(Aggregate - $2,000,000
Single Incident - $1,000,000)

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12
Q

A payment to insurance before the insurance goes into effect.

A

A deductible

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13
Q

True or False:

Worker’s Comp is mandated by law in every state in the U.S.

A

No.

Texas does not require Worker’s Comp

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14
Q

The Six Components of Insurance

A
  1. Declarations
  2. Insuring Agreement
  3. Exclusions
  4. Definitions
  5. Conditions
  6. Endorsements
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15
Q

This component of insurance outlines obligations and summarizes promises.

A

The Insuring Agreement

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16
Q

This component of insurance outlines exceptions to the insurance policy

A

The Exclusions (ex. perils, losses themselves)

17
Q

The substitution of insurance policy with the contractor.

A

Subrogation. (I.e. the insurance company can sue the subcontractor, if need be)

18
Q

True or False:

Subrogation can be waived.

A

True

19
Q

A tornado blows the roof off of a house. The costs of repairing the roof would be considered:

a) Consequential Damages
b) Direct Damages

A

Direct Damages

20
Q

A tornado blows the roof off of a house. The damages from the tornado prevent the local real estate agent from selling the house. The real estate agent’s unlucky experience could be classified as:

a) Consequential Damages
b) Direct Damages

A

Consequential Damages

21
Q

Liquidated damages can NOT be charged after _______ _______.

A

Substantial Completion

22
Q

A stipulation within a contract which allows the avoidance of coverage for damages incurred as a consequence of the original damages.

A

A Waiver of Consequential Damages

23
Q

An unwritten or unstated expectation of payment on behalf of the owner, which provides a defense against a lack of payment to the contractor.

A

Promissory Estoppel

24
Q

Law theory that goes into effect when the owner is aware of work and payment, yet denies the contractor said payment.

A

Quantum Merit

25
Q

A Mitigation of Damages method which evaluates a damages by comparison to the total cost of the project. The owner is the sole bearer of responsibility in this scenario.

A

Total Cost Method

26
Q

A Mitigation of Damages method which takes the errors of the contractor into account.

A

Modified Total Cost

27
Q

Wrongful termination, owner caused delays, and defective drawings/specs are all examples of:

A

Contractor Changes

28
Q

3 ways to prevent a contractor from recovery

A
  1. A waiver of consequential damages
  2. poor record keeping
  3. Speculative evidence regarding costs
29
Q

_____ ______ prevents filing suit against the state of Texas.

A

Sovereign Immunity

30
Q

This act stipulates that you cannot place a lien on public real property. You are able to provide a claim against a payment bond placed on the project.

A

The McGregor Act

Not Connor McGregor. That would, however, be pretty bad ass