Insurance Company Organization And Regulation Flashcards

0
Q

Describe the most common types of insurance companies

A

1: Stock
2: Mutual… Insureds are also owners…they can vote, they receive dividends or reductions in future premiums
2a: Assessment (form of mutual): providing primarily fire or windstorm insurance for small towns and farmers. Assessment mutuals charge members a pro rata share of losses at the end of each policy period.
3: Reciprocals and Lloyd’s associations: The word “reciprocate” means to give and take.

A member of the reciprocal agrees to share the insurance responsibilities with all other members of the unincorporated group. A reciprocal is managed by an attorney-in-fact who is empowered to handle all of the business of the reciprocal.

3a: Lloyds associates: Lloyds of London is not an insurance company. It is a voluntary association of individuals, or groups of individuals, who agreed to share in insurance contracts. Each individual, or “syndicate”, is individually responsible for the amounts of insurance they write. There are also a limited number of Lloyd’s association’s in the United States.
4: fraternal benefit societies: … Conducted solely for the benefit of its members and their beneficiaries and not for profit. Fraternal’s offer insurance that is available only to their members. Most only wright life and health insurance.
5: risk retention groups and purchasing groups: in 1981, Congress passed the liability risk retention act to give product manufacturers more options when insuring against product liabilitys. To facilitate this process, the act allowed product manufacturers to establish group self – insurance programs or group captive insurance companies, called risk retention group’s (RRGs), to protect them against product liability exposures and to purchase liability insurance on the group basis through purchasing groups (PG’s). The act accomplished this by limiting the states authority to regulate product liability insurance. Risk retention group’s and purchasing groups are regulated in the states where they are domiciled, but they can transact business and all other states. This exempts them from state insurance regulation and guaranteed funds. The liability risk retention act of 1986 amended the 1981 act by giving the rights to form our RRG’s and PG’s to nearly all businesses. They are prohibited from writing Worker’s Compensation and personal lines insurance.
6. Self–insurance.
7. private, government insurers: Insurance companies may be privately owned or operated by the state or federal government. The government sometime steps and to provide insurance that is not ordinarily available for a private insurers. This type of insurance is sometimes called residual market insurance. The federal government provides:

  • war risk insurance;
  • nuclear energy liability insurance;
  • flood insurance; and,
  • Federal crop insurance.

At the state level, the govt provides unemployment ins and may provide workers comp benefits through state funds

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
1
Q

Define the four broad categories of insurance

A
  1. Property: …risks that we will suffer financial loss because something we own is damaged or destroyed.
  2. Casualty: includes liability risk…
  3. Life: handle risk of premature death death or the risk that an individual may outlive his or her financial resources
  4. Health & Disability: designed to handle the risk medical bills and loss of income resulting from injury or sickness
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Property (more detailed)

A
  • dwelling
  • homeowners
  • commercial property
  • crime
  • inland marine
  • Ocean marine
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Casualty (more detailed):

A
  • Aviation
  • auto
  • worker’s Compensation
  • surety bonds
How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Authority

An agency relationship exists when one party, an agent, is authorized to act on behalf of another, a principal.

Principles, or insurance agencies, Grant certain powers, or authority, to their agents, and when agents act under these powers, their ex are considered to be acts of the principal.

Even the knowledge of the agent, as revealed by a potential client, is held to be the knowledge of the principal.

A

1: Express Authority: specifically given to an agent, either orally or in writing, by the principal.
2: Implied Authority: Authority given by the insurance company to the agent that is not formally expressed or communicated. This implied allows the agent to perform all of the usual unnecessary tasks to sell and service insurance contracts and fully exercise the agents express authority.
3: Apparent Authority: A doctrine that holds that an agent may have whatever authority that a reasonable person would assume the agent has. An agent acting under apparent authority binds the company as fully as under expressed or implied authority.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Explain the difference between commercial and personal insurance

A

Personal lines are property and casualty coverages that protects an individual or family. Commercial lines are coverages designed for businesses.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Describe the duties an agent has to insureds and insurance companies

A

Represents the insurance company, is a direct link between the company and the insureds. As such the agent has many responsibilities including:

1: selling insurance;
2; issuing and countersiging and policies;
3; collecting premiums; and,
4: providing a link between the insured and the insurance company.

5: Field underwriting each risk. The agent has a responsibility to seek out quality business.

6; The agent must obtain information on the prospects particular exposures and review existing policies. The agent must analyze the prospects coverage needs and make recommendations as to the amount and type of coverage appropriate for each exposure.

6: complete the details of the application and submit on a timely basis
7: must make sure the client understands the type of coverage been purchased and with the insured’s responsibilities are under the policy, as well as the services that will be provided by the agent and the insurance company. The agent will also be expected to deliver the policy.
8: once the policy is in force, an agent has a continue responsibility toward the insured. At least once a year, the agent should review the clients coverage and evaluate adequacy of the coverage provided.
9: assist the insured with service needs.
10: Agents who are negligent in meeting the responsibilities may be held liable for their inadvertent errors. ..,errors and omissions insurance
11: be loyal to the insurers interests to avoid engaging in any business it to the computer interferes with the insurance business;
12: obey all legal instructions provided by the insurer
13: deposit funds in a separate account
14: perform all duties with the same degree of care and skill that a reasonably prudent person would exercise in the same circumstances; and,
15: keep the insurer informed of all facts related to the agency relationship.

Countersigning means the agent signs each new policy prepared by the company before delivering it to the insured. In most states, the agents counter signatures required to validate the contract.

Chartered property and casualty underwriter CPCU

Accredited advisor in insurance AAI

Associate in personal Insurance API

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Describe the major functions of insurance companies, such as underwriting, claims, and loss control

A

A

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Other Insurance Company Functions

A

1: loss, expense, and combined ratios

An insurance company evaluate its overall book of business for given periods to measure its financial performance during those periods and to look for trends that may have occurred over an extended time. An insurer uses ratios to evaluate its book of business: loss ratio, expense ratio, and combined ratio.

2: underwriting department
3: policy issue and administration: once the underwriter has approved a new application or change to current policy, the application is checked by a policy analyst or screener to make sure all the information is correct and complete. It then goes to an ?? who computes a premium to be charged.
4: Claims Dept…sees that the companies insureds are adequately and then the fight for their losses. Claims adjusters are used to inspect the loss, determine whether there is coverage for loss, estimate indemnification, and, in some cases, pay for the divorce immediately.
4: actuarial and statistical department:
5: investment department
6. Legal department, 7. audit department, 8. loss control department, 9. agency department, 10. marketing department, 11. reinsurance department, 12. support departments.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Loss Ratio

A

Loss Ratio = incurred losses/earned premiums

Earned premium is the premium company actually earned by providing insurance protection for the designated period. Incurred losses include amounts paid for covered losses and various expenses related to handling claims.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Expense Ratio

The expense ratio indicates the cost of doing business.

A

Expense Ratio = underwriting expenses/written premium

Underwriting expenses are the costs required to acquire and maintain a book of business. They include expenses for advertising, commissions, salaries, and other administrative costs and regulatory to such as taxes and licensing fees.

Written premium is the gross amount of premium income on the company’s books. It includes both Earned and unearned premium. Premiums for new business, renewals, and policy endorsements make up Written Premium.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Combined Ratio

The combined ratio is the sum of the loss ratio and the expense ratio.

A

Combined Ratio = loss ratio + expense ratio

Traditionally, 100% is considered to be a breakeven point. A combined ratio of less than 100% indicates that the company had an underwriting profit; ratio greater than 100% indicates a loss.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Domestic, foreign, alien

A

1: Domestic: Incorporated in the state
2: foreign: inc. in another state
3: alien: inc. outside of the United States

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

Independent writing services

A

1: A.M. Best: uses nine alphabetical ratings for Insurers to which it gives an assigned rating and uses of the designations to evaluate financial health

A++, A+ = Superior, strongest position
A, A- = Excellent
B++, B+ = Very Good
B, B- = Good
Others: marginal; below min. Standards; Under State Supervision; In Liquidation

Modifiers: g = involving pool of affiliated companies; e = parent co. Rating; w = “watch list” or caution

B+ w = very good, but watch

2: Standard & Poor’s

3:

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
18
Q

Identify the four basic distribution systems used to market insurance

A

1: exclusive, or captive agency system:

2; Direct writer system: agents are employees

3: Direct response system: no agents!
4: independent agency system: agencies that are independent contractors… Independent or nonexclusive agents: in this case, the agent retains rights to active accounts and replace them with another insurance continue to receive commissions
5: Solicitor: sells insurance for the cannot issue or countersign policies – that responsibility can only be handled by an agent. A solicitor usually works with or for an agent and has more limited authority than the agent.

Both agents and solicitors represent the insurance company.

6: A broker, on the other hand, it represents the insured. A broker does not have the authority to bind an insurer to an insurance contract.
7: excess or surplus lines: highly specialized insurance coverages, such as autoracing liability and tuition refund insurance. …and excess or surplus lines agent is an agent licensed by the state to handle the placement of such coverage with nondemented companies, ones are not authorized to conduct business in the state under ordinary circumstances.
8: Producer is a general term used to describe someone who sells insurance, such as an agent, broker, or solicitor.
9: an insurance consultant is someone who, for a fee, offers advice on the benefits, advantages, and disadvantages of various insurance policies. Consultants don’t actually sell insurance; they sell advice.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
19
Q

Describe how the state insurance department regulates the insurance industry and its agents

A

1: Directors, superintendents, or commissioners of insurance. The commissioners of each of the states combined make up the national Association of insurance commissioners ( NAIC)… Exchange information and provide coordination…
2: admitted (authorized) and unadmitted (unauthorized) companies

A state insurance department has four areas of responsibility:

1: companies: Financial regulation, impose surplus requirements, in many states the public is also protected by one or more insurance guaranty Association’s, which provide funds for payment of claims when an insurer becomes insolvent. When an Insurance company becomes insolvent the insurance department will handle the liquidation.

2: agents
3: ratification
4: enforcement

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
20
Q

Explain the rolls of other insurance professionals, such as solicitors, brokers, and consultants

A

5: Solicitor: sells insurance for the cannot issue or countersign policies – that responsibility ability can only be handled by an agent. A solicitor usually works with or for an agent and has more limited authority than the agent.

Both agents and solicitors represent the insurance company.

6: A broker, on the other hand, it represents the insured. A broker does not have the authority to bind an insurer to an insurance contract.
7: excess or surplus lines: highly specialized insurance coverages, such as autoracing liability and tuition refund insurance. …and excess or surplus lines agent is an agent licensed by the state to handle the placement of such coverage with nondemented companies, ones are not authorized to conduct business in the state under ordinary circumstances.
8: Producer is a general term used to describe someone who sells insurance, such as an agent, broker, or solicitor.
9: and insurance consultant is someone who, for free, offers advice on the benefits, advantages, and disadvantages of various insurance policies. Consultants don’t actually sell insurance; they sell advice.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
21
Q

Terms related to Insurance Agents

A

Fiduciary: A fiduciary is a person who stands in the special relationship of trust to another person.

Misrepresentation: agents may not misrepresent or falsely advertise the terms or benefits of a policy or the financial condition of a company.

Twisting: misrepresentation in which the agent convinces the client to cancel existing insurance to buy another policy, to the detriment of the insured. Twisting is illegal.

Rebating: rebating is it legal in all but two states. Rebating is offering some benefit other than those specified in the policy to induce a customer to buy insurance.

Unfair discrimination: an insured cannot be given a lower or higher rate than another insured in identical circumstances. Also an agent cannot accept a bribe from a client to provide insurance or lower the premium.

22
Q

Ratification (or approval): State insurance department’s approve or ratify the policy forms, endorsements, and rates used by companies doing business in the states.

A

Prior approval states: and prior approval states, the insurance company must obtain official approval before using new forms and rates.

In” file and use” states, a company may begin using forms and rates as soon as they have been filed. The state eventually reviews the filing an official except for rejects it. In “file and use” states, insurers must file rates and forms within a certain period after they are first used.

Open competition: Open competition states allow the companies to compete openly with the forms and rates they select, subject only to requirements of adequacy and nondiscrimination.

23
Q

Rating Organizations

A

Some states establish their own rates for certain types of insurance and require all companies to use these mandatory rates. For most types of insurance, however, the company must establish the rates and submit them to the state.

Central service bureau ?? established. These organizations, made up of numerous individual insurance companies, gather, pool, and analyze statistics from all the member companies. The bureau then establishes loss costs they send these combined figures and files them with individual states. Loss costs represent the key components of an insurance rate – how much an insurance company needs to click to cover expected losses.

24
Q

One of the largest service org’s is the Insurance Services Office (ISO)… It files both lost cause and standardized forms on behalf of its member companies.

The national Council on compensation insurance (NCCI)….Reading bureau with jurisdiction over Worker’s Compensation.

A

The surety Association of America functions as a rating bureau for surety bonds. There are numerous other rating bureaus.

25
Q

Federal regulation

A

Although most insurance operations are primarily regulated by the states, there are some areas where the federal government has some regulatory impact on insurers.

Federal law imposes penalties for fraud and false statements made in connection with insurance transactions.

The punishment for this offense is a fine, imprisonment for up to 10 years, or both. The term of imprisonment may be up to 15 years if the statement, report, or over-valuing of land, property or security jeopardize the safety and soundness of an insurer and was a significant cause of an insurer being placed in conservation, rehabilitation or come or liquidation

26
Q

USA patriot act

A

The Law gives the federal government broad power to Curtail attempts to launder money and finance terrorist activities, including the following:

  • stronger anti-money laundering provisions
  • broad enforcement discretion to government officials
  • guidance to US financial institutions
  • forfeiture of laundered assets
  • regulation across the financial services industry
  • etc
27
Q

National do not call registry

  • calls are permitted to consumers with whom the company has established a business relationship, as follows:
A

Consumer can establish a business relationship with and sherbet Kristen information from that were submitted to it. In this case the business can call for 3 Months from the date of application.

A company with which a consumer has an established business relationship may call for up to 18 months after the consumers last purchase or last delivery, or last payment, unless the consumer asks the company not to call again.

Telemarketers and sellers are required to search the registry at least once every 31 days and drop from their call list the phone numbers of consumers who have registered.

Violators could be find up to $11,000 per incident. Early important

28
Q

Property & casualty insurance includes a wide variety of basically unrelated insurance products. One of the most important risks it covers is the risk of suffering financial loss as a result of our actions toward others.

A

Under the law of agency, an insurance agent represents the insurance company.

A broker represents the insured.

29
Q

Rebating

A

Only two states permit rebating, Florida and California. However, they are closely scrutinized for any wrongdoing.

Rebating occurs when the any part of the commission or anything else of value was given to the insured as an inducement to buy a policy. It is illegal and cars for license revocation in most states. In some states, it is an offense by both the agent and the person receiving the rebate. Florida and regulations are very strict with Innerst disrespect and are designed to pursue prohibit discrimination in favor of, or against, policy owners.

California: in 1988, California repealed it’s anti-rebate law applicable to most lines of insurances part of preposition 103 in 1988. However, if the rebate is being given by the broker to his or her clients, there is case law are holding this to be upper hip I did practice under section 1300.46. (Schmidt v. foundation Health (1995) 35 CalApp.4th 1702.)

Florida: Insurance agents are allowed to rebait commissions, but must comply with statutory nondiscrimination guidelines. To briefly summarize, (Florida?) first, the insurer must allow rebating and must have a rebating schedule from the agent on file. The schedule must be in Plainview and the agents place of business. If a customer Chris a copy come and must be given at no charge. In that case rebating to the same actuarial class of insureds who have purchased the same policy as long as they receive the same percentages that in any discrimination is legal.

30
Q

1 Test

1:
2:
3:
4:

A

1:
2:
3:
4:

31
Q

2 Test

1:
2:
3:
4:

A

1:
2:
3:
4:

32
Q

3 Test

1:
2:
3:
4:

A

1:
2:
3:
4:

33
Q

4 Test

1:
2:
3:
4:

A

1:
2:
3:
4:

34
Q

5 Test

1:
2:
3:
4:

A

1:
2:
3:
4:

35
Q

6 Test

1:
2:
3:
4:

A

1:
2:
3:
4:

36
Q

7 Test

1:
2:
3:
4:

A

1:
2:
3:
4:

37
Q

8 Test

1:
2:
3:
4:

A

1:
2:
3:
4:

38
Q

9 Test

1:
2:
3:
4:

A

1:
2:
3:
4:

39
Q

10 Test

1:
2:
3:
4:

A

1:
2:
3:
4:

40
Q

11 Test

1:
2:
3:
4:

A

1:
2:
3:
4:

41
Q

12 Test

1:
2:
3:
4:

A

1:
2:
3:
4:

42
Q

13 Test

1:
2:
3:
4:

A

1:
2:
3:
4:

43
Q

14 Test

1:
2:
3:
4:

A

1:
2:
3:
4:

44
Q

15 Test

1:
2:
3:
4:

A

1:
2:
3:
4:

45
Q

16 Test

1:
2:
3:
4:

A

1:
2:
3:
4:

46
Q

17 Test

1:
2:
3:
4:

A

1:
2:
3:
4: