insurance law Flashcards

1
Q

Insurance

A

management and reduction of risk; allows an individual to engage in risky behavior without fear of loss

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2
Q

risk pooling

A

the combination of individuals’ financial resources in order to calculate a premium. This reduces the “cost” of risk

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3
Q

Risk Transfer

A

relies on one party assuming risk. Risk is transferred to a third party

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4
Q

Insurable interest

A

party benefits more from the insured item’s continued existence than without it. An asset that needs to be preserved is valuable and thus should be insured

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5
Q

Moral hazard

A

Even though someone has something “valuable” they change their calculus and decide that they are better of losing it and collecting the money awarded. Arson is a common example of this

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6
Q

Exclusions

A

you get coverage for loss except if you violate policy. this encompasses intentional acts that cause loss.

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7
Q

Disclosure

A

individual must disclose information about what they intend to insure because the risk of loss is potentially greater in certain cases

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8
Q

insurance coverage litigation

A

what did someone disclose, and how was it treated

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9
Q

Terms of art

A

not common sense, cannot be logically applied

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10
Q

Occurrence Policy

A

if there is a loss during the policy period, it is covered. If it is outside, it is not covered

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11
Q

Claims made policy

A

even if the loss occurred outside the policy period, you are still covered

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12
Q

Declarations page

A

lists the coverage you have

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13
Q

liability coverage

A

if you are sued for a car crash, the company can pay if you are liable

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14
Q

Comprehensive coverage

A

covers everything other than you being at fault

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15
Q

Uninsured

A

if you are hit or injured by someone who has no insurance or coverage and you cannot adequately recover from their insurance, you can demand that your insurance pays for the damages

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16
Q

underinsured

A

other party has insurance but it isnt enough to cover damages

17
Q

New Jersey mandatory minimums

A

Bodily injury and property damage liability
Personal Injury Protection $15,000

18
Q

Duties of insurance company

A

duty to provide defense
duty to pay valid claims
“bad faith” denial claims

19
Q

Duty to defend

A

obligation to provide legal defense for a claim made against the insured

20
Q

duty to pay valid claims

A

duty to shareholders to only pay valid claims

21
Q

“bad faith” denial claims

A

If an insurer simply refuses to pay for covered damages, the insurer is acting in bad faith

22
Q

Contra Proferentem

A

states that an ambiguous contract term should be construed against the drafter of the contract

23
Q

coverage

A

risk or liability that is covered