FUNDAMENTALS, REGULATIONS, DWELLING INS Flashcards
cubic feet in a cubic yard
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Insurance law recognizes two types of waivers. They are.
Express” and “Implied” waivers
Consideration:
is something of value exchanged between the parties.
Aleatory contract
mutual obligations dependent on uncertain events
Contract of adhesion
A contract that is written by one party and merely accepted by the other party “as is” is known as a “contract of adhesion”
Executory
duties of insured and the insurance company, before contract be fully “executed”
Pro-rata share method
Where we divide Indemnify Insurance’s share of the loss by the total limit of both policies, multiplied by the loss, leaves Indemnify paying 60% of the loss. 60% of the $40,000 loss, is $24,000
Equal shares method
All insurers pay an equal amount until the loss is paid or one of the policy limits is exhausted. Because Insurer 3 has the lowest policy limit of $100,000, all three insurers will each pay equal shares of $100,000. This takes care of $300,000 of the $500,000 loss and exhausts the policy limit of Insurer 3. This leaves Insurers 1 & 2 left to pay $200,000. If they each pay an equal share of the $200,000, they will each pay $100,000 on the remainder of the loss. This means Insurers 1 and 2 pay a total of $200,000 each and Insurer 3 paying $100,000 for a total of $500,000.
Fiduciary
A person who is entrusted with the assets of another.
The law of agency (IMPORTANT)
someone is authorized by contract to represent another party.
Binders
A coverage binder provides temporary coverage while the insurer underwrites and issues the actual policy.
Ambiguous language
A rule that protects the insured from obscurity and inexactness that might be contained in an insurance policy or contract.
Unearned premium (UEP)
UEP must be returned on a short-rate basis.
Pro-rata share method
When the insurer pays the proportion that its policy limit bears to the limits of all policies, this is known as:
Formula: divide limit of coverage by full coverage amount then multiply the loss times the percentage.
THE FRAME THAT HOLDS THE GLASS IN A WINDOW
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Which section of the 1943 New York Standard Fire Policy contains the information regarding the policy term?
The Insuring Agreement.
The four main sections of a Standard Fire Policy are:
Declarations, Insuring Agreement, Conditions, and Exclusions.
Which sections of the Standard Fire policy are found on the first page of the policy?
The Declarations page and the Insuring Agreement.