Material Circumstances Flashcards
Proposal forms are used by underwriters as a means of obtaining material facts because…
Is convenient and cost effective.
The purpose Of a proposal form is to gather together all material facts for deciding on acceptance and terms of the risk.
What is The definition of a material circumstance
A material circumstance is any which would affect the judgement of a prudent underwriter in considering whether or not to accept the risk and if willing to accept the risk at what rate of premium and what terms and conditions
What is a hazard
A hazard is the factor which might affect the frequency and severity of the peril
What does physical hazard mean
They are the measurable dimensions of the risk
Type of stock
Age and condition of a motorcycle
What is a moral hazard?
Relates to the human aspects that might influence the outcome of the risk.
An exaggerated claim is Poor moral hazard.
Good housekeeping in an industrial process good moral hazard.
What is meant by a good physical hazard?
It is an aspect of the risk which is likely to reduce the likelihood of loss or its severity compare to an average brisk
What questions are common on all proposal forms?
Name, address, occupation, age, subject matter to be insured, past insurance history past lost history, some insured or limit of liability, period of insurance and details of other insurances
What are the risks specific questions on a proposal form?
They relate to the class of insurance for which cover is being sought.
What circumstances do not need to be disclosed?
Circumstances that lessen the risk, insurer ought to know, insurer has waived its rights, insurer knows, the insurer is presumed to know, circumstances that a survey would have revealed.
The consumer insurance disclosure and representations act 2012 means that an insurer…
Can only decline a claim for consumers mispresentation was deliberate or reckless
The insurance act 2015 requires business insurance…
To make a fair presentation of the risk to the insurer
If a non-consumer rights is the duty of a presentation and it was deliberate or reckless what can the insurer do?
Avoid the contract, refuse to pay claims I need not return premium. If it was never delivered or reckless dinner number of proportional remedies available to the insurer depending on what it would have done at the fair presentation been made. Like will it have been written into the contract or written into the contracts but charged a different premium or if they would’ve not entered into the contract at all
What is the difference between a peril and a hazard
Peril is the event giving rise to the loss and hazard is the factor that influences the severity and the frequency of a peril occurring
What is the difference between a physical hazard and a moral hazard?
A physical hazard relates to the physical characteristics of the risk. Moral hazard relates to the human aspects that might influence the outcome of the risk
What is a proposal form
It is a common method by which the underwriter receives information on the risk to be insured they are completed by the proposal. Both the consumer insurance act 2012 and the insurance act 2015 mean that insurers must be sure to ask sufficient questions and probe the information provided