IF4.1 General Principles Flashcards
Onus Proof
The insured needs to prove:
- that an insured peril arose
- the amount of the loss
Indemnity
placing the insured in the same financial position as they enjoyed prior to the loss
Who does the onus of proof lie on
the insured
Quantum
the amount of the claim
proof of the amount of a loss
a receipt, repair account or a valuation
proof that the insured peril arose
usually via a claim form or photos
insurers duties when a claim is submitted
- cover was in force at the time of the loss
- the insured is the same as that named in the policy/ they are entitled to indemnity
- the peril is covered by the policy
- the insured has taken reasonable steps to minimise the loss
- all conditions and warranties have been complied with
- the duty of fair presentation has been complied with / no misreps by consumers.
- no exceptions apply
- the value of the loss is reasonable
claim occurring basis
policy in force at the time of the incident
claim made basis
policy in force at the time the claim was made
express conditions
conditions stated in the policy
implied conditions
conditions not stated in the policy but are expectations
if conditions Precedent to liability are not met…
insurers may avoid liability for a particular loss, but need not repudiate the contract as a whole
Insurance: Conduct of Business Sourcebook (ICOBS) avoiding claims
unless fraud is involved, the insurer should not refuse to pay from a consumer on the grounds that a condition was not met, where that condition was not connected with the circumstances of the loss.
must be paid in a timely manner.
Conditions precedent to contract
must be fulfilled before the contract begins
Conditions subsequent to contract
must be continued after the contract has been signed
Conditions precedent to liability (or recovery)
must be fulfilled at the time of the claim
Conditions which result in a claim only partially being met
- the sum insured/ limit of liability (max amount recoverable)
- average clause when underinsurance applies (recoverable amount will be reduced)
- Voluntary or compulsory excess or deductible (never recoverable)
Consumer Rights Act 2015
If a term of contract is not transparent or prominant it can be assessed for unfairness
a term is transparent if
expressed in plain and intelligible language