General Insurance - chapter 1 Flashcards
who protects the insuring population by regulating all insurers and insurance professionals doing business in the State.
The State Commissioner, Supervisor, or Director of Insurance is the chief insurance regulator
Who issues non-participating policies and is owned by stockholders who
received taxable corporate dividends as a return of profit.
A stock insurance company
Who issues participating policies and is owned by the policyholders
who receive non-taxable dividends as a return of unused premium.
A mutual insurance company
What is Reinsurance
Reinsurance is the transfer of risk between insurance companies. The reinsurer assumes some or
all of the risk of the ceding, or primary, insurance company
what is a domicile?
Domicile refers to the state in which an insurer is incorporated.
what is a domestic insurer?
A domestic insurer is organized
under the laws of the resident state
what is a foreign insurer?
foreign insurer is organized under the laws of another state
within the United States
what is a alien insurer?
alien insurer is organized under the laws of a country outside
the U.S.
who is authorized to do insurance business in the state and is issued a Certificate
of Authority by the state’s Department of Insurance.
An admitted insurer
what department of an insurance company is responsible for the selection of risks to
insure and determines the rate to be charged.
Underwriting
A person or agency appointed by an insurance company to represent it and to present
policies on its behalf.
Producer
can be the employee of an insurance company that owns the agent’s book
of business, or an independent agent that enters into agency agreements with more than one
insurance company.
Agent/producer
is a three-party relationship where a Principal authorizes an Agent to act on
its behalf to create a legal relationship with a Third Party.
The Law of Agency
is written into the producer’s agency contract; implied authority is that which
the public assumes the agent possesses; and apparent authority is created when the agent
exceeds express authority and the insurer does not respond.
Express Authority
protects consumer privacy by ensuring that any data
collected by an insurer remains confidential, and is accurate, relevant, and used for a proper and
specific purpose
Fair Credit Reporting Act (FCRA)
the uncertainty of a loss.
A risk
the cause of loss
A Peril
increases the probability of a loss.
A hazard
The 3 types of hazards are?
physical, moral, and
morale.
does not allow the insured to profit from a loss; instead, it restores
the insured to the same financial or economic condition that existed prior to the loss.
The principle of indemnity
what is Insurable interest?
property and casualty insurance must exist at the time of the loss
is one of adhesion; one party (the insurer) prepares the contract and
presents it to the second party (the insured), who must accept it on a “take-it-or-leave-it” basis
insurance contract
used to determine premium include the nature of the risk, hazards,
claims history, and other factors that vary depending upon the risk.
Underwriting Factors
Contract of Adhesion is?
Insurer writes the contract, presents it to the applicant on a “take-it-or leave-
it” basis, without negotiation.
Aleatory Contract
The exchange of value is unequal
Valued Contract
A contract that pays a stated amount in the event of a loss
***Most insurance
policies are NOT valued contracts unless they are endorsed.
An agreement to pay on behalf of another party under specified
circumstances, such as when a loss occurs
Indemnity Contract
A policy form that alters or adds to the provisions of a property and casualty
insurance contract.
Endorsement
Personal Contract is when…
Owner cannot transfer or assign ownership of an insurance policy (property
and casualty) to another person.
A Non-Personal Contract is when
Owner may transfer or assign ownership of a life or health insurance
policy to another person.
what is assignment?
Policy owners may not assign or transfer their rights under an insurance contract
without the written consent of the insurer.
Unilateral Contract
Only one party is legally bound to the contractual obligations after the
premium is paid to the insurer.
***Only the insurer makes a promise of future performance, and
only the insurer can be charged with breach of contract.
Conditional Contract
Both parties must perform certain duties and follow rules of conduct to
make the contract enforceable.
***The insurer must pay claims if the insured has complied with all
the policy’s terms and conditions.
Reasonable Expectations Doctrine
What a reasonable and prudent policy owner would expect;
the reasonable expectations of policyowners are honored by the Courts although the strict terms
of the policy may not support these expectations.
Representations
Statements made by the applicant on the application that are believed to be
true to the best of the knowledge and belief of the applicant