Gontime Flashcards
What is indemnity
To restore, no better-no worse
What is insurance
Transfer of risk from insurer (1st party) to insured (2nd party)
What is covered property insurance?
Real property and personal property (things you can touch)
What is casualty insurance
Legal LIABILITY to others (3rd party) claimant for liability claim
What is a personal line
Type of insurance for families. Auto, home, boat, rv
What is a commercial line of insurance
For businesses; taxi or 18 wheelers, usaa bldg, customer in bldg, workers comp
What does an agent sell
Sell policies
What do actuaries set
They set rates
What is a risk?
Uncertainty of loss
What is a pure risk
Chance of loss only, son driving sports car
What is speculative risk
Chance of winning or loosing, slots and lottery
What risk does insurance only cover between pure and speculative
Pure risk only
What is the Law of Large Numbers
Actuaries estimating claims using the law
What is a peril
A cause of loss
What are named perils
Lists things that ARE covered
What is an open policy
Covers all except what’s specifically excluded
What is a hazard
Conditions that increase the chance of peril happening
List the different types of peril
Visible- dead tree in yard
Dishonest- arsonist
Morale- attitude of carelessness
What are the two types of loss
Direct- physical damage to property
Indirect- loss of use
What is an insurability interest/ financial interest
For an insurance policy to pay, there must be an insurance risk. Must exist at time of loss
Give examples of insurable interests
Buy a new car (auto loan) or a house (mortgage) or rental car
What is a tenant improvement
When you do work on a apartment you DO NOT own
What is a proximate cause
The first cause in an unbroken chain of events
*typically if proximate cause is covered, all resulting damage is too
What is CALC
Competent parties- 18,sane,sober
Agreement- offer and acceptance
Legal purpose- transfer of risk, must support public policy
Con$ideration- dollar value, exchange of values (premium=promise to pay)
Insured makes the offer
What is a representation
Believed to be true, answers to questions by insured
What is misrepresentations
Has no effect to be issued policy
What is material misrepresentation
Not true but would have caused insurer not to issue policy
What is concealment
Intentionally hidden
What happens when fraud occurs
Void the policy due to the concealment
What is a warranty
Written into the policy, promises insured will do, breach will void policy
What is a binder
Temporary contract, good for 30 days
Policy structure
Declarations-receipt
Insuring agreement- promises coverage
Conditions- rules (procedures) rights/responsibilities
exclusions- what’s not covered
What do declarations do
Tailors the policy
What are the 6 P’s
Policy #, parties involved! property description, policy term, policy limits and deductibles, premium
What is limit of liability
Maximum per loss
What is aggregate limit
Maximum per policy, found on commercial policies
What is a deductible
Retention or retention limit, insurer pays excess
If add to deductible you reduce premium
If increase deductible reduce frequency of claim
What is the premium
Consideration paid by insured is premium
Policy cancelled before expiration, insurer may pay back $ to unearned premium
What is an Insuring Agreement
uSAA promise to pay covered perils if covers liability, insurers pay for defense covered here
What are conditions
Contains duties and rights of the parties
Other procedures in conditions
-termination of procedures
What are the Insured duties after a loss
-prompt notification
-cooperation with USAA
-submission of proof or loss of sworn statement w/I 91 days
Protect property from further damage & inventory of damage property
What are USAA subornation rights
Insurer now has right to recover amount paid for loss from at-fault party
What are the rights of mortgagee
Pay premium, receive claim payment, receive cancellation notice
* nothing insured does, can prevent from collecting under policy
What are the 2 types of terminations
Cancellations
- before end of policy
Non-renewals
-occurs at end of policy period
What are cancellations
Insurers may cancel subject to state regs.
10 day advance notice, insured receives full refund of unearned premium without penalty, called pro rate
When can insured cancel
At any time
- no advance notice required
- insured may not get a refund
What are non renewals?
Insurer may nonrenew subject to state regulations
- 30 day notice required
- no adjustment in premium since goes to exp. date
When may insured renew
At any time (no rules)
-no advance notice required
What is the claims dispute resolution processes
Disagreements on value of the loss (appraisal) determines
If cannot be done, hire an umpire by both appraisers
What is an arbitration
Deals with disagreements on coverage issues
Where are the other insurance located
In the conditions section; when insured has more than one policy covering same loss
In other insurance, what is Pro Rata Liability
Proportionate total loss, big policy pays proportionately more
Policy limit 100,000, fire loss 40,000
Insurer A, 1/4 of limit; 25,000/100,000, 1/4 of 40,000=10,000 loss
Insurer B, 3/4 of limit; 75,00/100,000, 3/4 of 40,000= 30,000 loss
What is contributions by equal shares
All insurers share limit of lowest policy, split evenly.
Fire Loss= 40,000
Insurer A pays 1/2 of loss, 20,000
Insurer B pays 3/4 of loss, 20,090
What is primary and excess (other insurance)
Primary pays first, excess pays after primary limits are exhausted.
Policy A is primary- 40,000 loss
A pays 25,000 (until exhausted)
B pays remaining 15,000
What is coverage territory
Where applies, restrict to US (auto)
Worldwide=floaters
What are other common conditions (Assignments)
Insured May not transfer policy to another person unless given
Written consent
What is liberalization
Broadens or extends coverage, no additional premium charged
What legal action is taken against insurer
Insured May use within 2 years and one day of loss
What are the exclusions in DICE
Things that aren’t covered, flood, contraband, intentional acts
-have these bc they aren’t insurable or better covered somewhere else
What are endorsements
Changes to policy
*only authorized officer can change policy, insured can request change
What is Certificate of insurance
Verifies coverage, and it isn’t an insurance contract
What are the six Loss valuations
Replacement ACV value stated Values stated policy (liquidated determined) Market value Pair and set
What is a replacement cost
Today’s cost, with like and quality
What Is actual cost value
Replacement cost-depreciation
What is aggregate/stated value
antiques and classic care and artwork
What is value policy
Destroyed by fire, insured has right to demand policy limits as value, doesn’t apply to personal property
What is loss valuation
Negotiated amount determined by a buyer and seller
What is pair and set
Subtract value of what remains after the loss for value of the pair
What is total loss
Costs more to repair than to replace
What is partial loss
any loss that isn’t total loss.
* adjuster will verify if co insurance requirement is met before they pay a partial loss on building*
What is coinsurance
Insured to carry a minimum amount of insurance (insurance to value) 80%,
- never pay more than limit bought.
- Minimum not carried, partial losses are not paid in full (penalty applies)
What is vacant
Empty bldg, insured penalized after 60 days
-May not be covered for losses such as vandalism but still covered in fire insurance
What is abandonment
Insured cannot abandon partially damaged property and expect to be paid for its full value
What is salvage value
Total losses
What is casualty insurance
Most common is casualty coverage is Liability
What is liability
Legally responsible, third party coverage
What is civil liability
Actions brought by injured parties, can be covered by liability insurance
What is a tort
A tort is a civil wrong.
What is An unintentional tort
Negligence
What is an direct liability
Insured is wrongdoer
What is vicarious liability
Insured is responsible for actions of wrongdoer
What is contractual liability
Insurer assumes another’s liability under written agreement
What is absolute liability
Liability without fault, child drowns in pool, wild animal escapes cage, pit bull bites neighbor