Insurance Flashcards
Negligence per se
Situation where standard of care is set by statute (school zones, crosswalks)
Strict Liability
Generally limited to manufactures and distributors of products found to be defective. Examples include Romain lettuce with E. coli bacteria cars found defective.
Absolute Liability
An extra hazardous condition which results and losses to others. Examples include keeping of wild animals and blasting.
Vicarious Liability
When one person is held liable for the negligent behavior of another person. Examples include a branch manager at the broker dealer who is responsible for the representatives and a manager at an insurance company who is responsible for the agents.
Contributory Negligence
Any negligence on the part of the injured party, although slight defeats the claim. Examples include jaywalking and driving while drunk.
Contributory negligence
Any degree of negligence on the part of the injured party does not defeat the claim, but it is used in some manner to mitigate damages payable by the other party. For example, in a claim the pedestrian is found 20% negligent, injured party and the drivers found 80% negligent. Damages are adjusted proportionally.
Last clear chance
Any contributory negligence of the injured party will not bar recovery of damages if the other party, immediately prior to the accident, had a last chance to prevent the accident, but failed to do so. For example, road rage.
Needs Analysis: Capital Utilization
• factors annuitization to fund future income needed, but leaves no money at the end of the anticipated distribution period.
• what’s needed until end of plan, get insurance for that
Needs Analysis: Capital Retention (cap pres)
• this method presumes that only interest is distributed. The original capital is still left at the end of the income period.
Disability Income insurance
Disability carriers will typically issue only about 50% to 60% of earned income. This may be improved by adding group disability coverage after the individual policy has been issued.
Perils
Basic (WHARVES/FLT): windstorm, hail, aircraft, riot, vandalism, explosions, smoke, fire, lightning, theft.
Broad (RAF): Basic + rupture of system, artificially generated electricity and falling items
Exclusions to Homeowners Insurance
OPEN WIF: Ordinance of law, power failure, earthquake, nuclear or neglect, war, intentional, flood
Business owners policy (BOP)
The business owners policy is for small to medium-size businesses. The normal policy is a package that provides real property contents and liability protection. Professional liability is specifically excluded. The premium is deductible to the business.
Malpractice insurance
Appropriate, where the substandard conduct may result in bodily injury, for example, for physicians or dentists
Errors and omissions insurance
Appropriate, where the substandard conduct may result in property damage. Such situations include damage to intangible property, such as loss of money professionals who carry errors in admissions and insurance include lawyers, insurance agents, stockbrokers, and financial planers.