Insurance (Chapter 1 &2) Flashcards
Accepting some or all of the potential loss exposure for risks that are low in frequency and severity
Risk Retention (ie. deductibles and co-payments where the insured is sharing in the first dollar of financial loss)
Risk management technique used for any risks that are high in frequency and severity
Risk Avoidance
The immediate cause and reason for a loss occurring
Peril (ie. accidental death, disability caused by sickness, property loss caused by fire, windstorm, tornado)
Specific conditions that increase the likelihood of a loss occurring.
Hazards
The potential for loss caused by the character of the insured such as filing a false claim.
Moral Hazard
Indifference to risk due to the fact that the insured has insurance.
Morale Hazard (ie. leaving the car running with keys in the ignition while running into gas station)
How do insurers prevent morale hazard.
Deductibles or making the insured pay the first dollars of loss
Physical condition that increases the likelihood of a loss occurring.
Physical Hazard
The more similar the events or exposures, the more likely the actual losses will equal the expected losses
Law of large numbers
What elements must be present for an insurance contract to be valid?
1) Mutual Consent
2) Offer and Acceptance
3) Performance or Delivery
4) Lawful Purpose
5) Legal Competency of all parties
“What is written prevails.”
Parol Evidence Rule
Asserts that the insurer will only compensate the insured to the extent that the insured has suffered an actual financial loss. (The insured cannot make a profit from the insurance.)
Principle of Indemnity
Requires that the insured relinquish a claim against a negligent 3rd party if the insurer has already indemnified the insured.
Subrogation Clause
Asserts that an insured must suffer a financial loss if a covered peril occurs, otherwise no insurance can be offered.
Principle of Insurable Interest
Asserts that an insured must suffer a financial loss if a covered peril occurs, otherwise no insurance can be offered
Principle of Insurable Interest
When must an insurable interest exist for a life insurance policy?
Only at the inception of the policy
The 3 legal doctrines that are followed during the application and throughout the life of an insurance policy.
1) Representation
2) Warranty
3) Concealment
A statement made by the applicant during the insurance application process.
Representation
A promise made by the insured that is part of the insurance contract. (ie. promising to install fire alarms, getting the coverage, and then neglecting the promise to install)
Warranty
When the insured in intentionally silent regarding a material fact during the application process.
Concealment
The insured has no ability to negotiate the terms of the contract - since this is true, if ambiguities are found, the courts will rule in favor of the contract.
Adhesion
The dollar amounts exchanged between the insured and the insurer are unequal.
Aleatory
Insurance contracts are ___________ in that there is only one promise made, and it is made by the insured to pay the beneficiary in the event of a covered loss.
Unilateral
The insured must abide by all of the terms and conditions of the contract if the insured intends to collect under the policy.
Conditional
Can any insurance contracts be assigned without the consent of the insurer?
Life insurance, because the contract continues to cover the insured regardless of who owns the policy
Specifically outlines the duties, responsibilities, and scope of authority can act upon and thus bind the principal.
Express Authority