Insurance Broker Level 1 set 3 Flashcards
Nine Auto Policy Statutory Conditions
1.Material Change in Risk
2. Prohibited Use by Insured
3. Requirements where loss or damage to
person or property
4. Requirements where loss or damage to the
Automobile
5. Inspection of Automobile
6. Time and manner of payment of
insurance money.
7. Who may give notice and proof of claims
8. Termination
9. Notice
Binding Authority
An agent or broker has the authority to bind an insurer to an insurance contract without first submitting the application to the underwriter.
When underwriting an automobile risk the underwriter will consider;
- Driving records for all drivers of the vehicle
- whether the vehicle is used for business or
pleasure - The territory in which the vehicle will be
primarily operated.
Priorities of Payments, In Alberta the Insurance Act specifies that;
190 000 (95%) of the 200 000 minimum third party liability limit must be applied to bodily injury claims leaving only 10 000 (5%) for property damage claims
Under the third party liability section of the automobile policy, the insured agrees to;
reimburse the insurer for all amounts the insurer has to pay because of the absolute liability law, but which the insurer would not otherwise be liable
Facility Association
An organization that exists for the purpose of providing insurance for risks who are unable to obtain insurance protection in the regular market
All Comers Rule
Means that any applicant requiring the minimum third party liability limit and accident benefits coverage cannot be refused by an insurer, broker or agent.
Grid Rating
Implemented as a means of keeping mandatory insurance coverages affordable, applies to private passenger vehicles for basic coverage premiums.
Common Carrier
Offers his or her services for hire
SPF6- Non owned Automobile policy
Protects an employer for their responsibility for employees who operate vehicles not owned by the employer
SPF9 Transportation Network Policy is needed when;
privately owned vehicles are used for ridesharing purposes.
Civil Law
Settles disputes between individuals or other legal entities that does not fall in the area of criminal law. It allows victims to seek compensation for the wrong done to them.
Common Law
Decisions are based on the rule of precedent and are also known as case law.
Statute Law
Decisions based on written with laws made by governments.
Overrides common law
To provide for government regulation and control of activities of the citizen where such control is considered to be in the public interest.
Tort
A civil wrongdoing other than a breach of contract.
Three Elements of a tort
- They were owed a legal duty; to be free from harm.
- That this legal duty was breached; broken by defendant
- That the plaintiff suffered damages; i.e; financial loss as a direct result of the defendants actions.
Strict liability
Actions that can create Liability regardless of fault.
ex, intentionally burning garbage that spreads to a neighbors lawn.
- using explosives
- keeping dangerous animals
- operating any aircraft resulting in property damage or injury to persons on the ground.
Joint Liability
Legal duty owed - ex. two neighbors working together to remove a tree and cause damage to a neighbors house. Each shall be held liable for the entire amount.
Occurrence
An accident, including continuous or repeated exposure to substantially the same general harmful conditions.
Compensatory Damages
Liability policies only pay damages that are considered to be compensatory.
Special damages can be determined exactly
General damages cannot be determined exactly.