Insurance Ch - 9 Flashcards
What are the 3 policies most commonly used to protect against personal property and liability risks ?
3 Polices used to protect against personal property and liability risks.
____________________________________________________________________
Homeowner’s insurance policy (HO)
Automobile insurance policy (PAP)
Personal Liability umbrella insurance policy (PLUP)
COVERED PERILS (1 OF 2)
- Coverage to property is on a basic, broad, or open perils basis.
- “Basic” Named Perils:
COVERED PERILS (1 OF 2)
- Coverage to property is on a basic, broad, open perils basis.
- “Basic” Named Perils:_________________
Fire cars lightening
Smoke explosion vandalism
Hail aircraft Riot
Theft WINDSTORM Volcano
COVERED PERILS (2 OF 2)
COVERED PERILS ( 2 OF 2)
- Broad Named Perils
- “Basic” Named Perils (previous slide), plus:
- Losses resulting from perils not listed in the policy are not
covered.
Falling objects - weight of ice , snow Sleet
accidental overflow of water - sudden bursting of appliances
Freezing of system or appliance - Damage to electrical current
OPEN PERILS POLICY
OPEN PERILS POLICY
- ALL PERILS ARE COVERED - except those specifically excluded.
- Exclusions include : neglect (termite damage), flood, earth
movement, war, intentional acts, etc.
GENERAL EXCLUSIONS FOR ALL HO POLICIES
GENERAL “EXCLUSIONS “ FOR ALL HO POLICIES
- MOVEMENT of ground: Includes earthquake, mud/landslide and sink hole
- ORDINACE or law: Loss resulting from regulations regarding
construction or demolition - WATER DAMAGE : Floods, water from underground and sewer backup
- WAR or nuclear hazard: Including nuclear power plant
- POWER FAILURE-: power plant failure that causes a loss
- INTENTONAL act: Burning down your own house
- NEGLET : Must take reasonable means to save property and mitigate loss
FLOOD INSURANCE
FLOOD INSURANCE
- The National Flood Insurance Program provides subsidized flood insurance to property owners in qualified areas.
- Flood policy is enforceable immediately during the first 30 days that coverage is available in a community, or if required by the mortgage lender upon purchase of a home.
– Otherwise, a 30-day waiting period applies before the policy
becomes effective.
PERSONAL PROPERTY & LIABILITY INSURANCE
- Homeowners (HO) insurance: basic coverages
PERSONAL PROPERTY & LIABILITY INSURANCE (form HO)
- Homeowners (HO) insurance: basic coverages
______________________________________________________________ - Section 1 Coverages: “ D O P L “
Coverage A: D welling - $ based on replacement cost
Coverage B: O ther structures - 10% of Coverage A
Coverage C: P ersonal property - 50% of Coverage A
Coverage D: L oss of use - 30% of Coverage A
______________________________________________________________
- Section 2 Coverages: “P M “
Coverage E: Personal Liability $100,000 / $1000 damage to prop oth
Coverage F: Medical Payments to Others - $1000
______________________________________________________________
- Section 3 “ F E A “
-Flood Insurance
-Earthquake
-Additional coverage
SECTION I COVERAGES: Coverage A: Dwelling
- Covers ?
SECTION I COVERAGES: Coverage A: Dwelling
- Covers repair or replacement of the house, attached structures and building materials on premises.
- Best to purchase an amount =to replacement cost (cost to
rebuild) of the building. - Must carry at least 80% of replacement cost of building or coinsurance will apply to partial losses.
COINSURANCE
Formula ?
COINSURANCE
- Actual Cash Value (ACV)
- Represents depreciated value of the property
- Replacement Cost (RC)
- Amount necessary to purchase, repair or replace with similar
quality at current prices
- Amount necessary to purchase, repair or replace with similar
- To be fully covered for partial losses, the Insured must carry
coverage for at least 80% of the replacement cost at the time
of the loss. - Formula$ of Insurance Carried
_______________________________ x Amount of loss - Deductible
Coinsurance Requirement
COINSURANCE: EXAMPLE (1 OF 2)
Johan owns his home valued at $500,000. The replacement cost of the house is $400,000 and the value of the land is $100,000. He purchased $250,000 of insurance with an 80% coinsurance requirement.
A tornado caused $100,000 in damage to his house. If Johan has a $500 deductible,
how much will the insurance company pay?
COINSURANCE: EXAMPLE (1 OF 2)
Johan owns his home valued at $500,000. The replacement cost of the house is $400,000 and the value of the land is $100,000. He purchased $250,000 of insurance with an 80% coinsurance requirement. A tornado caused $100,000 in damage to his house. If Johan has a $500 deductible,
how much will the insurance company pay?
$ 250,000
—————— x $ 100,000 (damage) - $500 (deductible) = $ 77,625
80% x $400,000
COINSURANCE: EXAMPLE (2 OF 2)
- Alternatively, if Johan had $320,000 in insurance coverage, then 100% of the loss would be covered, less the deductible
COINSURANCE: EXAMPLE (2 OF 2)
- Alternatively, if Johan had $320,000 in insurance coverage, then 100% of the loss would be covered, less the deductible
$320,000
———————–x $100,000 - $500 = $99,500
80% x $400,000
SECTION I COVERAGES: COVERAGE B
Coverage B: Other Structures
SECTION I COVERAGES: COVERAGE B
Coverage B: Other Structures
- Detached garages, storage buildings, etc.
- 10% limit of coverage A.
- NOT covered other structure if used for business purposes
SECTION I COVERAGES: COVERAGE C (1 OF 2)
Coverage C: Personal Property
SECTION I COVERAGES: COVERAGE C (1 OF 2)
Coverage C: Personal Property
- Standard coverage is for actual cash value.
- Need an endorsement to have replacement cost
- Limits are placed on certain personal property losses, e.g., cash,
coin collections ($200), jewelry ($1,500). - 50% of Coverage A but be sure to read the policy.
- Coverage is effective regardless of where the property is located.
- Need a scheduled personal property endorsement for high value jewelry and other high-value items because of low policy limits.
SECTION I COVERAGES: COVERAGE C (2 OF 2)
Coverage C: Personal Property
- The following personal property items are specifically EXCLUDED from coverage in package policies: ??
SECTION I COVERAGES: COVERAGE C (2 OF 2)
Coverage C: Personal Property
- Personal property items that are EXCLUDED
Animals, birds, and fish
Articles separately described and specifically insured
Motorized land vehicles used off premises
Property of roomers or boarders not related to the insured
Aircraft and parts
Furnishings on property rented out to others
Property held as samples, held for sale, or sold but not delivered
Business data, credit cards, and funds transfer cards
Business property held away from the residence premises
SECTION I COVERAGES: COVERAGE D
Coverage D: Loss of Use
SECTION I COVERAGES: COVERAGE D
Coverage D: Loss of Use
- A combination of additional living expenses and loss of rental income.
- The limit is usually 30% of the Coverage A amount.
- The loss resulting from living in a hotel because residence is
damaged or being repaired. - If rental income is lost due to a property being damaged, the insured may collect loss of use.
SECTION II COVERAGES: COVERAGE E
Coverage E: Personal Liability
SECTION II COVERAGES: COVERAGE E
Coverage E: Personal Liability
- For Claims arising out of both bodily injury and property damage.
- The insurer will cover both the damages and the costs of any defense of the claim or suit.
- Minimum coverage = $100,000 per occurrence.
- Insurer will only pay to the lesser of the damage or the coverage.
- This section excludes professional liability exposures.
- The Coverage E liability insurance is based on a legal liability to pay.
SECTION II COVERAGES: COVERAGE E
EXAMPLE 1
- Latoya lives in a neighborhood where houses are fairly close together and have small yards. During a severe storm, a large healthy tree on Latoya’s property is hit by lightening and falls onto the roof of her neighbor’s house. Since the tree fell due to an act of nature, and not due to Latoya’s negligence, the neighbor’s homeowner’s policy will cover the damages to the neighbor’s house (under Coverage A).
SECTION II COVERAGES: COVERAGE E
EXAMPLE 1
- Latoya lives in a neighborhood where houses are fairly close together and have small yards. During a severe storm, a large healthy tree on Latoya’s property is hit by lightening and falls onto the roof of her neighbor’s house.
Since the tree fell due to an ACT OF NATURE, and not due to Latoya’s negligence, the neighbor’s homeowner’s policy will cover the damages to the neighbor’s house (under Coverage A).
SECTION II COVERAGES: COVERAGE E
EXAMPLE 2
- Arty lives in a neighborhood where the houses are fairly close together and have small yards. Arty is aware that one of the large trees on his property is diseased and unstable but has not yet gotten around to having it removed. As a result, a mild storm blows the tree over onto the neighbor’s roof. The storm was not heavy enough to blow over other, healthy, trees.
SECTION II COVERAGES: COVERAGE E
EXAMPLE 2
- Arty lives in a neighborhood where the houses are fairly close together and have small yards. Arty is aware that one of the large trees on his property is diseased and unstable but has not yet gotten around to having it removed. As a result, a mild storm blows the tree over onto the neighbor’s roof. The storm was not heavy enough to blow over other, healthy, trees.
Since the damage was a result of Arty’s NEGLIGENCE , his
homeowner’s policy will cover the damage to the neighbor’s house
(under Coverage E).
SECTION II COVERAGES: COVERAGE F (1 OF 2)
Coverage F: Medical Payments to Others
- Includes coverage for ?
SECTION II COVERAGES : COVERAGE F (1 OF 2)
Coverage F: Medical Payments to Others
- Coverage for the medical payments to others for injuries that arise even where the insured is not liable for the injury.
- limits $ 1,000 /PERSON PER OCCURRENCE
- Medical expenses include reasonable charges for medical
procedures, surgical procedures, hospital stays, ambulances, dental care, X-rays, professional nursing, prosthetic devices, and funeral services. - Not apply to the insured or members of the insured’s
household. - Not liability insurance coverage and is not based on fault.
SECTION II COVERAGES: COVERAGE F (2 OF 2)
Coverage F: Medical Payments to Others
SECTION II COVERAGES: COVERAGE F (2 OF 2)
Coverage F: Medical Payments to Others
- One of the following conditions must be met for individual to
receive medical payments coverage from the insured:
– Injury occurs while the person has permission to be at the
insured location.
– Injury occurs while the person is away from the insured
location and is caused by a condition at the insured location or on
property immediately adjoining the insured location.
–Insured injures another person while away from the insured
location.
– Animal owned by or in the care of the insured injures an
individual off the insured premises.
EXCLUSIONS TO COVERAGE (MEDICAL PAYMENTS) ONLY
- Coverage F will not provide coverage for bodily injuries:
EXCLUSIONS TO COVERAGE (MEDICAL PAYMENTS) ONLY
- Coverage F will not provide coverage for bodily injuries:
–Sustained by the insured or any family member
–Sustained by a regular resident of an insured location
–Sustained by a residence employee of the insured that occur outside of the scope of employment
–Sustained by anyone eligible to receive benefits for their injuries
under a workers’ compensation or similar disability law
– Resulting from nuclear reaction radiation, etc
GENERAL PROVISIONS OF SECTIONS I & II
GENERAL PROVISIONS OF SECTIONS I & II
- Assignment of a Homeowners policy to another is not valid without the insurance company’s WRITTEN CONSENT.
- Insured may be required to assign his or her right of recovery against a third party if the insurance company pays for a loss caused by the third party (subrogation).
- Policy is void if the insured willfully misrepresented or concealed any material fact concerning the insurance.
HOMEOWNERS INSURANCE FORMS AVAILABLE (1 OF 4)
HO-2 Broad Form-
HO-3 Special Form -
HOMEOWNERS INSURANCE FORMS AVAILABLE (1 OF 4)
HO-2 Broad Form_______________________
* Covers both basic and broad named perils (1-18).
HO-3 Special Form______________________
* Provides coverage on dwelling and other structures on an OPEN PERILS basis resulting in coverage against all perils except those specifically excluded.
* PERSONAL PROPERTY is covered on a NAMED PERIL basis and is 50% of the insurance on the dwelling (Coverage A).
—Can endorse to change to open perils.
* Allows loss of use on an open perils basis.
* Exclusions applicable to the open perils coverage of the dwelling and other structures.
HOMEOWNERS INSURANCE FORMS AVAILABLE (2 OF 4)
HO-4 Contents Broad Form (designed for renters)
HO-5 Comprehensive Form
HOMEOWNERS INSURANCE FORMS AVAILABLE (2 OF 4)
HO-4 Contents Broad Form ( RENTERS )___________
* Designed for tenants, and provides protection for furniture, clothes, and other personal property against the same perils as HO2 Broad Form.
* Loss of use coverage = limited to 30% amount of Coverage C (personal property).
* Tenant’s improvements and betterments coverage protects the insured for use value for any additions, installations or improvements made by the insured to the rented dwelling.
– Limited to 10% of the amount of personal property coverage.
HO-5 Comprehensive Form_ _________________________________
* DWELLING and PERSONAL PROPERTY
* Covered on an OPEN PERILS basis
HOMEOWNERS INSURANCE FORMS AVAILABLE (3 OF 4)
HO-6 Unit Owners Form (designed for condo owners)
HOMEOWNERS INSURANCE FORMS AVAILABLE (3 OF 4)
HO-6 Unit Owners Form ( CONDO owners )
- Covers BASIC and BROAD NAMED PERILS , but not building coverage.
- The insurance responsibility in a condo arrangement is divided between the condo unit owner and the condo association.
- Provides coverage for the personal property of the condo owner for the same named perils as HO2.
- Loss of use coverage equal to 50% of amount of Coverage C (personal property).
- Provides coverage for building alterations and additions.
- Endorsements can be added to HO6 to provide open peril coverage on the unit owner’s building items (carpet, inside walls), personal property, loss of unit rental and assessment coverage.
HOMEOWNERS INSURANCE FORMS AVAILABLE (4 OF 4)
HO-8 Modified Form
HOMEOWNERS INSURANCE FORMS AVAILABLE (4 OF 4)
HO-8 Modified Form
- Covers Repair ( Functionally equivalent) rather than replacement (like kind and quality) cost.
- Only BASIC PERILS are covered.
- Designed to cover losses to structures where the replacement cost for the home exceeds the market value for the home.
- Theft coverage applies to the premises only and is limited to $1,000 per occurrence.
- May cover dwelling using current materials and labor rather than attempting to replace older materials and craftsmanship
HOMEOWNERS INSURANCE CONTRACTUAL ROVISIONS (1 OF 2)
Duties After a Loss
- The insured must: ?
HOMEOWNERS INSURANCE CONTRACTUAL PROVISIONS (1 OF 2)
Duties After a Loss
- The insured must:
– Give notice to the insurer immediately.
– Protect the property from further damage.
– Prepare an inventory of the loss, including:- Building damage
- Personal property damage or loss
– File a written proof of the loss
HOMEOWNERS INSURANCE CONTRACTUAL PROVISIONS (2 OF 2)
- Loss to a Pair or Set
The insurer may - Repair or replace damaged item, OR
- Pay the difference between the value before and after the loss.
HOMEOWNERS INSURANCE CONTRACTUAL PROVISIONS (2 OF 2)
- Loss to a Pair or Set
The insurer may - Repair or replace damaged item, OR
- Pay the difference between the value before and after the loss.
SUMMARY OF HOMEOWNER INSURANCE POLICIES
- See Exhibit 9.9 in text.
SUMMARY OF HOMEOWNER INSURANCE POLICIES
- See Exhibit 9.9 in text.
– It is important to understand the strengths and weaknesses of each
homeowner policy form (HO 2, 3, 4, 5, 6, and 8), including:
* Whether each Section I coverage (A, B, C, D) is covered for
basic, broad, or open perils.
* Whether each Section I coverage (A, B, C, D) is for replacement
cost or actual cash value.
* Amount of each coverage, and any special limits that may apply.
* Exclusions under each coverage
SCHEDULED PERSONAL PROPERTY ENDORSEMENT
SCHEDULED PERSONAL PROPERTY ENDORSEMENTS
- Also called inland marine insurance (not watercraft)
- Coverage that can be added to the homeowners policy as a scheduled endorsement (scheduled floater) are:
- Personal furs
- Jewelry
- Silverware
- Golf equipment floater covers golf equipment kept in a locker in a clubhouse.
- Camera, fine art and antiques, stamp and coin collection, musical instrument, wedding presents, and personal property floaters.
INSURANCE ON WATERCRAFT
INSURANCE ON WATERCRAFT
- Boat owners’ policy covers liability, physical damage, medical payments and uninsured watercraft.
- Physical damage coverage is ACV coverage for the boat and
permanently attached equipment. - Homeowners policy will only cover a small boat with a 25HP motor or less; anything larger requires a boat owners policy.
SUMMARY OF AUTOMOBILE COVERAGE
SUMMARY OF AUTOMOBILE COVERAGE
- The owner and operator of an automobile should be concerned about the following risks:
- Liability for injuries and damages to persons outside of the insured vehicle.
- Liability for injuries and damages to persons inside the insured
vehicle. - The cost to repair or replace a damaged or stolen insured vehicle or other property.
PERSONAL AUTO INSURANCE POLICY
Part A:
* Part B:
* Part C:
* Part D:
* Part E:
* Part F:
PERSONAL AUTO INSURANCE POLICY “ L M U C D G “
Part A: L iability Coverage
* Part B: M edical Payments
* Part C: U ninsured Motorists
* Part D: C overage for Damage to Your Auto
* Part E: D uties After an Accident or Loss
* Part F: G eneral Provisions
IMPORTANT PAP POLICY DEFINITIONS
*
IMPORTANT PAP POLICY DEFINITIONS
- “Your covered auto” is defined as any of the following:
- Any vehicle shown in the policy declarations.
- Any new vehicle in addition to those shown in the declarations must be reported to the insurer within 14 days.
- Any new vehicle that replaces a vehicle shown in the declarations. The new vehicle will have the same coverage as the vehicle it replaced. The insured must report the new vehicle within 30 days.
- Any auto or trailer that the insured does not own, but that is used as a temporary substitute while a covered vehicle is unavailable due to
loss, breakdown, repair, service, or destruction
PERSONAL AUTO POLICY (1 OF 6)
Part A: Liability Coverage
PERSONAL AUTO POLICY (1 OF 6)
Part A: Liability Coverage
- Covered persons include you, any family member, any person using your car with your permission, any organization responsible for the conduct of someone driving your covered auto, any organization responsible for your conduct while driving a non-owned auto.
- Coverage amounts are limited as follows:
– Bodily Injury Per Person
– Bodily Injury Per Occurrence
–Property Damage Per Occurrence - State law minimum limits automatically increase to state mandated minimums when driving from state to state.
- Insurance on the auto is the primary insurance to recover any loss. The driver’s auto insurance is secondary.
PERSONAL AUTO POLICY (2 OF 6)
Part B: Medical Payments
PERSONAL AUTO POLICY (2 OF 6)
Part B: Medical Payments
- Covered persons include you or any family member while occupying the auto, you or any family member as a pedestrian struck by an auto, any other person while occupying your covered auto.
- Coverage amounts are limited as follows:
– Per Person, Per Occurrence Basis - $5,000 limit per person, four persons in a car, then $20,000
limit
–Exclusions: - Public livery, racing, and auto used without permission
PERSONAL AUTO POLICY (3 OF 6)
Part C: Uninsured Motorists
PERSONAL AUTO POLICY (3 OF 6)
Part C: Uninsured Motorists
- Pays what an “under-insured” or uninsured driver should have paid for your bodily injury.
- Under-insured or uninsured must have been at fault.
- Covered persons include you or
–any family member while occupying the auto
– any other person while occupying your covered auto
–any person who might have been entitled to damages - Exclusions:
– Public delivery, regular use of a non-owned vehicle, auto used
without permission, auto used in insured’s business
PERSONAL AUTO POLICY (4 OF 6)
Part D: Coverage for Damage to Your Auto
PERSONAL AUTO POLICY (4 OF 6)
Part D: Coverage for Damage to Your Auto
- Collision
– Protects against an accident involving another car, vehicle upsets, running off the road, into a creek or lake, tree, wall - Comprehensive (Other-Than-Collision)
–Usually open perils, including falling objects, fire, theft,
explosion, earthquake, windstorm, hail, water, flood, mischief,
vandalism, riot, contact with a bird or animal and breakage of
glass - Exclusions:
–Public livery, radar detectors, most electronic equipment, nuclear damages, auto used without permission, auto used in insured’s business
PERSONAL AUTO POLICY (5 OF 6)
Part E: The duties of the insured after an accident or loss
PERSONAL AUTO POLICY (5 OF 6)
Part E: The duties of the insured after an accident or loss
- Notify the insurer.
- File a proof of loss (affidavit).
- Cooperate with the insurer in the investigation of the loss.
- The insured must file a police report if the cause of the loss was theft or uninsured motorist.
PERSONAL AUTO POLICY (6 OF 6)
Part F: General Provisions
PERSONAL AUTO POLICY (6 OF 6)
Part F: General Provisions
- Only provides coverage in the United States, Puerto Rico and Canada
- A personal auto policy is not effective in Mexico
NO-FAULT INSURANCE definition ?
NO-FAULT INSURANCE Definition :
– There are 12 NO FAULT states.
–Under a pure no-fault, there would be no tort claims for auto
injuries. No state has a pure no-fault law.
– Under modified no-fault, tort claims are limited to serious injuries
COST OF AUTOMOBILE INSURANCE
- Automobile insurers determine premiums based on:
COST OF AUTOMOBILE INSURANCE
- Automobile insurers determine premiums based on:
Age and gender of operators
Marital status
Driving record and claims history of the operators
Location where car is kept
Type of car
Use of the automobile and mileage
The credit score of the insured
Policy coverages and deductibles
LEGAL LIABILITY (1 OF 4)
LEGAL LIABILITY (1 OF 4)
- Torts cover intentional acts and accidents, such as:
–Civil wrongs - Intentional Tort: ibel, slander, assault and battery
- Strict and Absolute Liability
– Strict – allows for defense
– Absolute – no defense - Negligent (Unintentional Tort)
– Prudent Man standard - Did the defendant act in the same
manner as a prudent man would act?
LEGAL LIABILITY (2 OF 4)
LEGAL LIABILITY (2 OF 4)
- Breach of Contract
- Crimes
–Public wrongs - Negligence
– Failure to acts as a Prudent Man - Defense to negligence
–Assumption of risk-the injured party assumed the risk before doing something - Not available in all states
LEGAL LIABILITY (3 OF 4)
LEGAL LIABILITY (3 OF 4)
- Negligence on the part of the injured party
–Contributory Negligence - Insured person’s negligent actions contributed to loss, cannot
recover
– Comparative Negligence - Insured person’s negligent actions contributed to loss, can
recover portion of loss from other negligent party
–Last Clear Chance Rule - The plaintiff can collect even if there was contributory negligence on the plaintiff’s part if the plaintiff can prove the defendant had a last clear chance to avoid the accident
LEGAL LIABILITY (4 OF 4)
LEGAL LIABILITY (4 OF 4)
- Res Ipsa Locquitur
– The act speaks for itself
– If an accident occurred, then there was negligence.
–If there is an airplane crash, the act speaks for itself and
negligence occurred. - Vicarious Liability
–Responsible for the acts of others
PERSONAL LIABILITY UMBRELLA POLICY (PLUP) (1 OF 4)
PERSONAL LIABILITY UMBRELLA POLICY PLUP_ (1 OF 4)
- Protection against legal obligations that arise from negligent acts.
- A PLUP pays the costs, up to the face of the policy, that result in liability.
- Usually provides legal defense for the insured in the event of a lawsuit.
- A PLUP requires higher liability limits on underlying auto and
homeowner policies.