General Insurance Flashcards
Pure risk
The chance of loss with NO possibility of gain
Speculative risk
(Gambling) a risk situation that offers the opportunity for gain
Peril
A cause of loss
Hazard
Something that increases the risk
Moral hazards
The attitudes and habits of an individual (character and reputation)
Morale hazards
Individuals indifference (apathy) toward loss. A careless person
Law of large numbers
The larger the number of separate risks of a like nature combined into one group, the more predictable the number of future losses of that group within a given time period
A loss exposure
Condition that could result in a loss
Identifying potential risk situations
The application: provides general information about the applicant
Physical examination :reveals hazards related to the health of the applicant for the use
consumer credit reports: include information about the applicants finances, background, habits, and reputation
Large number of homogeneous units
Risks are not considered insurable unless the insurance company has a large enough number of similar risks and Knows enough about its previous loss experience to be able to predict the future reliably.
Loss must be ascertainable
The insurer must be able to place a monetary value on the loss.
Loss must be uncertain
Being unable to predict what is going to happen to the individual exposure unit.
Economic hardship
The nature of the loss must be such that an economic hardship must occur should the loss occur.
Exclusion of catastrophic perils
Catastrophic Perils include wars, nuclear risks, and floods. They are excluded from coverage
Insurable interest:
A person has an insurable interest in another if they would benefit if that other person continues to live.
Principle of indemnity:
Restores the insured person, in whole or in part, to the condition they enjoyed prior to the loss.
The value is assigned not to the persons life, but to the persons potential earning power
Underwriting:
The process of examining, accepting, or rejecting insurance risks
Agent as underwrite
Agents are “frontline” or “field” underwriters
Home office underwriters:
Evaluates and rate the risk based on the information provided in the application as well as Medical Information Bureau (MIB) reports, med exams, physician statements, special questionnaires, inspection reports, and credit reports
Adverse Selection:
when clients, due to a particular company’s underwriter standards, take advantage of a situation that ends up costing the insurance company money in excess claims.
Profitable distribution of exposures:
the risk is transferred from an individual to a group.
Contract Law
the company has a legally enforceable obligation to make all benefits payable for which premiums have been paid
Tort Law
tort is civil injury. Most common is neglect: the failure to act as a reasonable person would in the same set of circumstances.
Four elements of a contract:
- Agreeable, offer and acceptance
- Competent parties
- Legal purpose
- Consideration: exchange of value
Doctrine of Adhesion
Any ambiguity will be construed in favor of the insured
Conditional Contract
conditions that apply to both parties to the contract
Aleatory
the outcome depends upon chance
Unilateral:
only one party to the contract, the insurer, makes an enforceable promise to pay a covered claim if the premium has been paid
Personal:
concern an individual insured, not the insured’s property
Utmost good faith:
truth to the best of the client’s knowledge, it is assumed that insurance contracts are entered into in good faith
Indemnity:
restores the insured person, in whole or in part, to the condition they enjoyed prior to the loss
Policy:
the written instrument in which a contract of insurance is set forth
Fraud:
an intentional and fraudulent omission
Concealment:
neglect to communicate that which a party knows, and ought to communicate
Materiality:
the probable and reasonable influence of the facts upon the party to whom the communication is due
Representation
- written or oral
- may be made at the time of, or before, issuance of the policy
- altered or withdrawn before the insurance is affected, but not afterwards
- if a representation is false in material point, whether affirmative or promissory, the injured party is entitled to rescind the contract from the time the representation becomes false.
Misrepresentation:
shall not cause or permit to be issued, circulated or used, any statement that is known, or should have been known, to be a misrepresentation of the following:
- Terms of policy issued by insurer
- Benefits or privileges promised
- Future dividends payable
- Penalties
Six required specifications for all insurance policies
Policy shall specify:
- Parties between whom the contract is made
- The property of life insured
- The interest of the insured in property insured, if he or she is not the absolute owner thereof
- The risks insured against
- The period during which the insured is to continue
- Either:
- A statement of the premium
- If the insurance is of a character where the exact premium is only determinable upon the termination of the contract, a statement of the basis and rates upon which the final premium is to be determined and paid.
Risk
The possibility (uncertainty) that a loss might occur
Rescission
to cancel or void a contract and the return of the parties to the position they would have occupied if the contract had not been made
Concealment:
whether intentional or unintentional, entities the injured party to rescind insurance.
Application
A form on which the prospective insured states facts requested by the insurer
Policy
The agreement between the insurer and the insured
Rider
A form attached to a policy that modifies the conditions of the policy