IF4.1 General Principles Flashcards

1
Q

Onus Proof

A

The insured needs to prove:
- that an insured peril arose
- the amount of the loss

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2
Q

Indemnity

A

placing the insured in the same financial position as they enjoyed prior to the loss

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3
Q

Who does the onus of proof lie on

A

the insured

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4
Q

Quantum

A

the amount of the claim

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5
Q

proof of the amount of a loss

A

a receipt, repair account or a valuation

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6
Q

proof that the insured peril arose

A

usually via a claim form or photos

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7
Q

insurers duties when a claim is submitted

A
  • 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
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8
Q

claim occurring basis

A

policy in force at the time of the incident

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9
Q

claim made basis

A

policy in force at the time the claim was made

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10
Q

express conditions

A

conditions stated in the policy

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11
Q

implied conditions

A

conditions not stated in the policy but are expectations

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12
Q

if conditions Precedent to liability are not met…

A

insurers may avoid liability for a particular loss, but need not repudiate the contract as a whole

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13
Q

Insurance: Conduct of Business Sourcebook (ICOBS) avoiding claims

A

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.

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14
Q

Conditions precedent to contract

A

must be fulfilled before the contract begins

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15
Q

Conditions subsequent to contract

A

must be continued after the contract has been signed

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16
Q

Conditions precedent to liability (or recovery)

A

must be fulfilled at the time of the claim

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17
Q

Conditions which result in a claim only partially being met

A
  • 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)
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18
Q

Consumer Rights Act 2015

A

If a term of contract is not transparent or prominant it can be assessed for unfairness

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19
Q

a term is transparent if

A

expressed in plain and intelligible language

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20
Q

A term is prominent

A

bought to the consumers attention in a way that the average customer would be aware of it.

21
Q

Implied duties of the insured after a loss

A
  • act as though they are uninsured
  • advise the appropriate authorities as necessary
  • take all steps to prevent loss from spreading
  • not hinder the claims investigation process
22
Q

Express duties of the insured after a loss

A
  • notify the insurer promptly
  • involve the emergency services
  • take reasonable steps to prevent further damage
  • give proof and details of the loss within a certain time.
23
Q

Notification

A

Most insurers require that the insured should notify their insurers promptly, further information may be requested after initial notification.

24
Q

Breach of express duties =>

A

the insurer can repudiate a particular claim

25
Q

Average Consumer

A

reasonably well informed, observant & circumspect

26
Q

First Notification of Loss (FNOL)

A

quickly gather details about the claim usually via a telephone call.
For low value claims this is often enough to pay out a claims.

27
Q

Benefits of First Notification of Loss (FNOL) to the insurer

A
  • control over cost (they can use approved repairers and negotiate terms)
  • Automated claims notifications means staff can be used for more valuable rolls.
28
Q

Benefits of First Notification of Loss (FNOL) to the insured

A
  • immediate access to the service
  • simplified claims process
  • no interaction with claims staff / no long waits
  • claims are settled more quickly
  • quality of repair and replacement work is generally of high consistent standard
29
Q

Purpose of a claim form

A
  • establish whether the insured is entitled to indemnity under the policy
  • provide sufficient information to permit the insurer to begin processing the claim & assess severity (set aside reserves) & assess if potential third party claim (and hence if any recovery rights exist)
30
Q

Property claim form notification requires the following details (in addition to basic personal details)

A
  • description of the property damaged
  • date, cause, circumstances and the monetary amount of the loss
  • situation and occupancy of the premises
  • capacity in which the insured is claiming (owner?)
  • whether any other person has an interest in the lost or damaged property
  • whether there is any other insurance in force
31
Q

Motor accident claim form notification requires the following details (in addition to basic personal details)

A
  • details of the insured
  • vehicle involved in the accident, and its use.
  • the specific detail of the accident (date, time, road conditions, lighting etc.)
  • sketch plan of the accident scene (positions of vehicles etc)
  • details of independent witnesses.
32
Q

Answers on the claim form must be checked for good faith i.e.

A

checked against the proposal form and checked:
- no breach of duty of fair presentation
- breach of care not to make a misrepresentation

33
Q

If a loss adjustor is required…

A

the insurer should explain to the client what’s going on and let them know a claims adjustor is required

34
Q

Supporting evidence for theft claims

A
  • checked against the police report.
  • Evidence of ownership receipts or photos.
35
Q

Supporting evidence for motor liability claims

A

dashboard camera footage, satellite images of the incident, engineering reports

36
Q

Supporting evidence for personal injury and sickness claims

A

medical evidence (doctors certificates, death certificates, coroners inquest)

37
Q

Supporting evidence for Motor total loss claims & theft

A

registration documents (V5)

38
Q

Solicitors in the investigation process

A

give legal opinions or defence

39
Q

Surveyors in the investigation process

A

estimate rebuilding costs

40
Q

Doctors in the investigation process

A

verify or assess the severity of injuries and assist in rehabilitation

41
Q

Motor engineers in the investigation process

A

verify the damage caused and agree repair costs

42
Q

Restoration experts in the investigation process

A

to restore property or contents damaged by water and fire.

43
Q

Proximate Cause

A

the dominant cause of the loss that directly links (the trigger that sets in motion a train of events which brings a result, without intervention of any force)

44
Q

When was proximate cause define

A

Pawsey v. Scottish Union and National (1907)

45
Q

Insured Perils

A

those named in the policy as covered

46
Q

Excepted or excluded perils

A

those named as specifically not covered

47
Q

Uninsured or unnamed perils

A

not referred to in the policy therefore not insured

48
Q

When does the onus of proof move to the insurer

A

if the insurer refuses to pay a claim then the insurer must prove that such exclusions apply.

49
Q

How is onus of proof different with liability claims)

A

Liability claims (insured would still need to prove a valid claim, but the insurer would then generally handle negotiation and claims settlements.