Idaho Law and Ethics Flashcards
Risk
Uncertainty about whether a loss will occur
Loss
Reduction of quality, quantity or the value of something.
Hazard
A condition that increases the probability or severity of a loss
Peril
A cause of potential loss - Fire, Wind, Flood, Theft or Sickness, Injury
Speculative Risk
Gain, Break-even, Loss
Owning a business, gambling, stock market
Pure Risk
No possible gain. Break-even or loss.
Property ownership, liability, exposure, living
Risk Management Tool: Avoidance
Elimination of any risks, sell property, withdraw from any activity that may cause loss
Risk Management Tool: Reduction
Containment or isolation of the hazard that may cause loss. (Safety devices, proper nutrition, stop smoking)
Risk Management Tool: Retention
That portion of the risk that can’t be avoided after all efforts to reduce or loss. Cash or asset reserves, suffer loss without replacement
Risk Management Tool: Transfer
Shifts the responsibility for loss from one party to another. Purchase insurance or a hold harmless agreement.
Insurable Interest: 3 Elements Must Exist
- Face personal risk of loss.
- Have a financial interest in what is being insured.
- No potential for gain to the insured.
Loss Ratio
Dividing losses by the total premiums
4 Elements of a Contract
- Offer and Acceptance: A meeting of the minds that the contract is now in force
- Consideration: An exchange of value- money, an act, a promise or giving up a legal right
- Competent Parties: Must be able to legally enter into a contract
- Legal Purpose
Concealment
Failure to disclose all material facts. Can void the contract.
Misrepresentation
A false statement of a material fact. A lie. Can void the contract.
Representation
Statements made to the best of your knowledge
Warranty
Facts, known
Waiver
Giving up a right by taking action.
Does not have to be in writing.
Estoppel
Giving up a right by lack of action.
Binder
A temporary contract that places insurance in effect prior to policy issue.
Agency Relationship
PRINCIPLE (insurance company)—-> AGENT—->THIRD PARTY (insured)
Broker
Authority to represent clients- Is licensed!
Consultant
Represents the insured as an advisor.
Paid directly by the insured
2 Types of Insurers- most common
Stock- owned by stakeholders, shareholders
Mutual- owned by policy holders
Fair Credit Reporting Act of 1971 (Consumer Protection)
Consumer has the right to challenge any erroneous information reported.
Gramm-Leach-Bliley Act of 1999 (Consumer Protection)
Privacy Initiatives:
Must notify client that you will use information in credit reports, etc.
Consumer must be notified of any adverse outcome.
Medicare
Federally funded for the elderly
Medicaid
State and federally funded for the poor