Key Point Review Questions Study 6 Flashcards
1) What is the purpose of an exclusion?
Exclusions remove certain losses from a policy’s coverage.
2) What are two types of exposure typically listed in exclusions?
- Types of property that are not insured
* Perils that are never or sometimes not insured against
3) What is an exception?
A case where a rule does not apply. In an exclusion under an insurance policy, an exception is a case where the exclusion does not apply.
4) What does named-perils coverage insure against?
Named perils coverage insures only against loss or damage caused by the listed perils.
5) Outline the extended instructions under Step 3 in reading a policy.
- Determined whether there is coverage under the policy by looking at what is insured under the policy and under what circumstances. The onus is on the insured to show that the loss or damage falls within coverage.
- If there is coverage, next determine whether any exclusions apply to the circumstances of the loss or damage. The onus shifts to the insurer to demonstrate that the coverage is excluded.
- If an exclusion applies, determine whether there is an exception to the exclusion that restores coverage despite the exclusion. The onus falls back to the insured to establish that an exception is triggered.
6) What are perils typically excluded under the Homeowners’ forms?
Buildings for Business or Farming: These buildings should be insured under commercial or farm policies.
Property on Exhibit: Property of exhibit faces unique exposures not meant for homeowners forms. Exhibition floater would cover this.
Property Illegally Acquired or Subject to Forfeiture: If an insured stole the property they have no legal claim to indemnity for the loss.
Evidence of Debt or Title: denies coverage for property that may be insured by other forms specifically designed for it.
Sporting Equipment: Sporting equipment, where loss or damage is due to its use, is excluded.
Animals, Birds, or Fish: Excluded, unless the loss or damage is caused by a specified peril other than impact by aircraft or land vehicle.
Property Lawfully Seized: excludes loss to property lawfully seized or confiscated, unless it’s destroyed by govt to prevent spread of fire.
Outdoor Radio and TV Antennae, Including Receiver: loss to these items are included when caused by windstorm, hail, weight of ice, snow or sleet, or collapse.
7) What are the main differences in how exclusions are applied in the various Homeowner’s forms?
The main differences in how corresponding exclusions are applied between the Basic, Broad, and Comprehensive Forms lie in the progression in the three forms from named-perils to all-risks coverage for Coverages A, B, C.
8) Why does property on exhibit face unique exposures?
There a numerous different circumstances surrounding exhibits and the unique exposures they face. Exhibits are insured under an Exhibition floater at terms reflective of the risk and according to the circumstances.
9) Why does the Homeowners Comprehensive form exclude property illegally acquired or subject to forfeiture?
If an insured stole the property they have no legal claim to indemnity for the loss. It is also against public policy to provide coverage for property that can be lawfully subject to forfeiture.
10) What is excluded under Evidence of Debt or Title?
Denies coverage for property that may be insured by other forms specifically designed for it.
11) Why is sporting equipment excluded from the Comprehensive Form?
Sporting equipment, where loss or damage is due to its use, is excluded. Equipment should be designed and manufactured to standards appropriate to the stress it will sustain when used for its intended purpose. The risks that it is defective or may sustain excessive stress or even abuse is more than the premium contemplates.
12) Why is property lawfully seized excluded under the Comprehensive form?
Excludes loss to property lawfully seized or confiscated, unless it’s destroyed by the government to prevent the spread of fire. The exclusions support public policy by denying coverage for the property with which the insured has no legal claim.
13) Under what conditions is coverage for outdoor radio and TV antennae receivers excluded?
A loss to these items is excluded when caused by windstorm, hail, the weight of ice, snow or sleet, or collapse.
14) What is excluded from the Scratching Abrasion, Chipping or Breakage exclusion of the Comprehensive form?
Many types of personal property may be scratched or abraded; small accidents may damage them seriously, even irreparably, severely reducing their worth. Fragile or brittle articles break or chip easily with normal handling or when dropped.
15) Why is wear and tear excluded?
It’s purpose is to avoid disputes about what a risk is. In this case, the excluded causes of loss are not unexpected events but inevitable or inherent in the objects concerned. The remedy for them is adequate maintenance or to accept them as business or inevitable losses.
16) Why is faulty material and workmanship excluded under the Comprehensive Form?
These are losses due to lack of expertise, lack of care, or both. Insurers do not want to pay for someone else’s poor workmanship.