Insurance Flashcards
What is Risk?
A condition where there is a possibility of loss (a situation where exposure to loss exists).
Examples: starting a business and buying real estate.
What is Peril?
The cause of a loss, the event insured against:
* Fire
* Windstorm
* Theft
* etc.
What is a Hazard?
A condition that may create or increase the chance of loss arising from a peril.
Examples:
* Owning a home on an earthquake fault
* Owning a home by a river
Examples include owning a home on an earthquake fault and owning a home by a river.
What are the Elements of Insurance?
Characteristics of insurable risk
- Large number of homogeneous exposure units to make losses reasonably predictable
- Loss must be definite and measurable
- Must be fortuitous or accidental
- Must not be catastrophic (for the insurance company)
What are the Methods to Avoid/Reduce Loss?
- Avoidance: Do not drive, Do not purchase a home but rent
- Diversification: Duplication of assets or activities at different locations
- Transference: INSURANCE
- Retention: Voluntary - Recognizes that the risks exist and assume losses (deductible, coinsurance)
- Risk Reduction: Sprinkler system, safety programs
What is Self-insurance?
Formal program of risk returention mostly used by large companies. There is an established fund for future losses
Pros:
* costs are lower for commercial insurance
* Reserves can be invested in ST MM
* Earnings can be used to offset costs of program
Cons:
* Can be exposed to catatrophisc loss
* May pay income taxes on reserves held for future claims at year end
High severity and low frequency
Which risk mgt to use?
Transfer (Insurance)
High severity and high frequency
Which risk mgt to use?
Avoidance
Low severity and high frequency
Which risk mgt to use?
Retention
Low severity and low frequency
Which risk mgt to use?
Retention and Reduction
What is Insurable Interest?
Loss will occur if insured event happens. Used diff depending on ins. type:
* Property and Casualty: At inception and at time of claim
* Life: At inception, but need not be at time of claim.
Principle of Indemnity
Reimburse insured for approximate amount lost without allowing insured to make a profit
Contract Requirements
- Offer > Acceptance > Agreement
- Consideration (usually $)
- Need Legal Capacity: incompetenet, intoxicated adults have no capacity; minors do if adult sign as owner or if for necessities only
- Must be for a lawful purpose
Unilateral Contract
Only one person held liable to a binding promise if contract is broken
usually the insurer
Adhesion
Contract is accepted “as is” or not at all. No changes are made. Courts rule in favor of insured bc of this
Waiver Provision
Agents can’t change contract terms only the pres., vp, sec., etc
Recission
Contract is deemed null from beginning due to frau, misrepresentation, concealment or mutual mistakes as to a material fact
Reformation
Contract fails to express the original intent of the parties and so it can be amended
Collateral Source Rule
Damage amount can’t be lessened from sources other than negligent party
Example: Damages total $100k. Victim gets $20k from insurance. The defendant still needs topay $100k
Aleatory Contract
Contract is an unequal exchange. Insurance contracts are aleatory bc can pay premiums but never receive proceeds from policy vice versa
Subrogation
Insurer takes over the legal rights its insured had over a third party
What are the Parts of the Insurance Contract?
- Declarations Page: Factual Statements that identify the specific person, property or activity being insured.
- Definitions: Explanation of key policy terms
- Insuring Agreements: Spells out the basic promise of the insurance company
-
Conditions: Spells out in detail the duties and rights of both parties.
5.** Exclusions**: Circumstances when the insurer will NOT pay.
Remember: DICE.
What are Negligences?
- Attractive Nuisances: Swimming pool, vacant lot
- Negligence per se: Violation of a statute
- ** Strict Liability/Product Liability **: Limited to manufacturers and distributors of products found to be defective
- Absolute Liability: Workers Comp
- Vicarious Liability: Respondeat superior (principal’s liability for their agents).
What are Defenses?
- Assumption of Risk: Doing something knowing the risks (skiing, car racing)
- Contributory: Any negligence on part of injured party (jay walking, being drunk)
- Comparative: Damages proportionate to each parties negligence (A is 20% negligent, B is 80%)
- Last Clear Chance: Defendant had a chance to prevent the accident but fails to do so… contributory negligent victim can recover damages (Rear end someone when you could have avoided it by swerving, braking in time)
What are two methods of Calculating Life Insurance needs?
- Capital Utilization Approach: Uses annuitization to provide needed income but leaves no money at the end of the planned period.
- Capital Needs Approach: Uses interest only, so the original capital is still left at the end of the period (also called Capital Retention or Interest Only).
What are the most comprehensive Insurance Rating Service/Category services?
- A.M. Best: A++ to F
- Standard & Poor: AAA to CCC.
What are Sections of a Homeowner’s Policy and what do they cover?
Section I (Coverage: A B C D)
A - Dwelling and Attached Structures
B - Other structures, separate from dwelling (detached garage, fences, sheds)
C - Contents and Personal Property
D - Loss of Use
Section II (Coverage: E F)
E - Liability
F - Medical Payments.
What property is excluded under Personal Property Coverage?
Animals, Birds, or Fish; Motorized Land Vehicles and Aircraft; Property of roomers, boarders or other tenants; Property contained in an apartment regularly rented or held of rental to others by the insured (unless specifically endorsed).
What are the Basic Form Perils Covered?
The policy lists perils covered: Windstorm, Hail, Aircraft, Riot, Vandalism,Vehicles, Explosion, Smoke, Fire, Lightning, Theft.
Remember: Well, Hell All Rowdy Vince Vandykes Enjoyed Silk French Luxury Ties
Study Hint: Remember: WHARVVES/FLT.
What are open perils
Insurer agrees to pay damage by any peril except those specifcally excluded