Government In insurance Flashcards
What is the role of the provincial government?
- supervise terms and conditions of insurance contracts
- license insurers
- monitors financial stability of provincially liscensed insurers
When is an insurer considered to be solvent?
When they are capable of fulfilling their financial obligations
What is a fiduciary?
One who handles other people’s money
Insurers and brokers are both …..
Fiduciaries
Commissions are not fully earned until
The expiry of the insurance policy
The insurance act requires these 6 details appear on every policy of insurance
- Parties to the contract
- Policy period
- Loss Payable or Payee
- Type of insurance coverage and amounts for which insurer may be liable
- Rate and premium charged
- Subject matter of insurance
Every policy insuring loss by fire must provide these 3 coverages
- Fire
- Lightening
- Explosion of natural gas, Coal or Manufactured Gas
List 3 forms of misrepresentation
- A false description of the property to the prejudice of the insurer
- Misrepresentation of a material fact
- Fraudulent omission of a material fact
Deliberate attempt to deceive with a view to securing some profit
Fraud
Insurer is not entitled to rights of ownership or control; nor can insured abandon insured property to it
Entry, control, abandonment
Written notice to the insurer can be delivered at or sent by registered mail to the chief agency or head office of the insurer in the province
Notice
Required to be made within 60 days after completion of proof of loss, unless the contract provides for a shorter period
When loss payable
Identifies the documents needed when a claim is filed
Requirements after loss
Coverage of insurance takes effect at?
12:01 am standard time at the address of the Named Insured
The Removal clause requires the insurer to extend coverage to another location where the insured property is kept, even if this location is not stated on the policy
The insured moved personal property to another secure location to protect it from loss because of natural disaster
Subrogation
The legal process the insurer uses to recover loss caused by a third party to the indemnified insured
Policies insuring the peril fire must include coverage for
Explosion of natural, coal or manufactured gas and lightning, excluding damage to electrical appliances and devices
Misrepresentation statutory condition no. 1
Statements made by the applicant, which lead the insurer to believe that the risk is better than it actually is, are consider misrepresentation
Statutory conditions
The insurer has an obligation only to those parties whose name appears on the Declarations Page and who can prove insurance interest
Material Change is considered a change that alters the risk in a way that greatly increases the potential for some losses
When a loss is caused directly by an unreported Material Change, the insurer has the right to deny that claim
Statutory conditions - Termination 3 provisions
1 written request signed by all persons stated on the policy must be provided to the insurer
2 client does NOT have to give insurer any notice prior to the requested cancellation date
3 insurer has the right to change the insured administrative costs to process the cancelation, premium refund is calculated in a short-rate basis
In the event of a claim what 3 statutory conditions affect both the insurer and insured
1 the insured must provide proof of loss as soon as practicable
2 when the insurer opts for a cash settlement, payment must be made to the insured within 60 days after receipt of the proof of loss or less, if the contract provides for a shorter period
3 if the insurer denies the claim and the insured wishes to sue the insurer, legal action must be taken within one year after the date of the loss
How much notice does the insurer have to give the insured if they elect to repair or rebuild damaged property?
30 days after receipt of the Proof of Loss
Who can the insured provide proof of loss to?
Insurer or agent of insured
When can the insurer access property to investigate a loss?
Immediately