Insurance Flashcards
Split Dollar Plan
Insurance where an employer and an executive share costs and benefits of a life insurance policy
- EndoRsement Method:
EmployeR owns the policy and has the responsibility for premium payment. Employee’s share of the business is secured through its ownership of the policy. A beneficiary is named to receive employer’s share of death proceeds
2.Collateral Assignment Method:
Insured employee is the policy owner. Corporation lends the employee the corporation share of the annual premium and the loans amount are secured by the assignment of the policy to the corporation. Corporation receives its benefits as assignee of the policy at earlier of employees death or termination of split dollar plan
Buy-Sell Agreement
Arrangements for sale of individuals interest in business due to death or disability. Usually funded by life insurance
Stock Redemption/Entity Purchase
- Ideal with multiple owners
- Corporation is the owner and beneficiary of policies on the lives of shareholders
- Life insurance CAN be attached
- No step up in basis, large gain upon selling
Cross-Purchase/Stockholder Purchase
- Ideal with few owners
- Life insurance required by each shareholder on lives of other shareholders
- Step-up in basis on purchased shares
- Gain is FMV of company less basis plus shares purchased
Guidelines for Risk Management
High Loss Severity, Low Loss Frequency, most suitable technique is RISK TRANSFER (Insurance)
High Loss Severity, High Loss Frequency, most suitable technique is AVOIDANCE (Insurance premiums would be prohibitive)
Characteristics Of Insurable RIsk
Large number of homogenous exposure units
Loss must be definite and measurable
Must be fortuitous or accidental
Must NOT be catastrophic (to insurer)
Reduction
Sprinkler system, safety programs
Retention
Recognizes the risk and assumes losses through dedutctibles or co-insurnace
Transfer
insurance, subcontracting waivers
Insurabile Interest
Property and Casualty
Must be present at time of inception AND of claim (like owning a building). In addition, the insured cannot transfer the contract to someone else. Normally a new contract is issed
Insurable Interest
Life Insurance
Be ONLY at the time of inception. Need not be present at time of death. After the contract is issued, contract can be issued to anyone. No insurable interest requirement. Form must be submitted to the company after which they would acknowledge the change
Subrogation
Gives the insurer all rights the insured possessed against negligent third parties. It is a process of subsitution; the insurer takes over the legal rights of the insured that existed at the time of the loss
Unilateral
Only one party is bound; the insured makes no promise
Adhesion
Contract is accepted “as is”. It is not negotiated
Waiver provisions
Only the president, vice president, secretary, etc. may alter the contract. It must be accepted “as is”
Aleatory
Number of dollars given up is unequal. Outcome is uncertain;gambling
Parts of Insurance Contract
DDICE
Declaration page - factual statements that identify the specific person or property
Definitions - explanation of key policy terms
Insuring agreements - the basic promise of the insurance company
Conditions - the duties and rights of both parties
Exclusions- circumstance when the insurer will not pay
Tort/Unintentional Tort
Tort is wrongful act other than a breach of contract for which a civil action may be brought against the tortfeasor
Unintentional tort is negligence or carelessness
Attractive nuisance
A situation in which a high degree of care is imposed on the land occupier for certain conditions
Negligence per se
A situation where the standard of care is set by a statue. Ex. School zone, crosswalk, ect
Absolute Liability
An extra hazardous condition which results in losses to others. Ex. Keeping of wild animals, blasting, etc. Works compensation reflects absolute liability
Strict Liability
Is generally limited to manufacturers and distributors of defective products
Ex. Firestone tires, Ford Motor Company, Merk, ect.
Vicarious Liability
Occurs when one person is held liable for the negligent behavior of another person
Ron Matonti
Life Insurance Needs Analysis
Capital Utilization Approach
Uses Annuitization to provide needed income but leaves no money at the end of the presumed term
Case examples:
Will give emergency fund need, educational need, will ask the dependent needs, blalckout period needs, and retirement year needs.
If the client owns X amount of existing life insurance, how much additional life insurance is needed?
Will be the difference of needs and existing insurance
Human life value
Based on income-earning ability. It is the present value of the income lost by dependents as a result of the insured’s death. It does not consider other resources available to provide for income and cash needs because of an individuals premature death.
Capital needs approach/ Capital retention/interest only
Factors interest only, so the original capital is still left at the end of the income period
Calculation:
Income need/ (difference between inflation and assumed rate of rate)
+ beginning of year 1 money
Participating Policy
Pays annuall dividend
Charges larger premiums (will overcharge)
If extra premium is not used, it is returned to the polocyholders as a policy dividend (usually tax free)
Dividends are based on higher-than-expected investment return and/or lower-than-expected mortaility and expenses
Nonparticipating policy
Company retains the profits for its shareholders
Insurance Company Ratings
A.M. Best. A++ to F
(Provides detailed, historical data on insurance carriers)
Standard and Poors AAA to CCC
(Provide Ratings)
Insurance Contract
Offer and acceptance / legal object / legal form
Consideration
Something of value is exchanged (usually money)
Competent parties
Principal must have legal capacity to execute contracts
1. Incompetent or intoxicated adults have limited or no capacity to execute contracts
2.Minors have capacity to contract for necessities (ex. Food, clothing, shelter) only.
Agency
Express authority
Written, explicit direction from principal (the insurance company) to the agent. The agency agreement (contract)
Agency
Implied Authority
Is that which the public believes the agent holds and includes the signage, rate books, etc. Implied authority enables the agent has to carry out the principal’s busienss
Agency
Apparent Authority
A rise out of negligence of the principal in allowing the agent to appear to have the authority because of certain actions of the agent in the past. This typically aggects terminated agents
Homeowners Insurance
Coverage A - Adobe - covers dwelling and attached structures plus construction materials
Coverage B - Buildings - covers structures separated from the dwelling by a clear space (garage)
Coverage C - Contents - covers contracts and personal property owned or used by any insured while anywhere in the world. Boats and trailers are limited to $1,000
Coverage D - ‘dditional demnity - covers loss of use coverage, provides indemnity for the necessary increase in living expenses incurred by the insured to continue the insured’s normal standard of living
Coverage E - Enemies - Comprehensive liability insurance
Coverage F - First Aid - medical payments to others, not the insured’s family members
Exclusions under Coverage C (personal property coverage)
- Animals, birds, or fish
- Motorized land vehicles (not riding lawn mower) and aircraft
- Property of roomers, boarders, and other tenants (needs HO-3 renter’s policy)
- Property contained in an apartment regularly rented or held for rental to others by the insured (unless specifically endorsed)
Perils Covered
Basic
WHARVES/FLT
Windstorm, Hail, Aircraft, Riot, Vandalism, Vehicles, Explosion, Smoke, Fire, Lightning, Theft
Perils
Broad Form
WHARVES/FLT/RAF
Rupture of a system, Artificially generated electricity, Falling objects, Freezing of plumbing
Exclusions applied to all homeowner forms
Ordinance or law, earth movement (earthquake), water damage (flood), power failure, neglect, war, nuclear hazard, intentional loss.
Sinkhole is a covered peril for the exam