NEED TO KNOW Flashcards
15 credits a year needed to renew license
Can carry over 7.5 credits.
3 applied and 2 electives.
Have to be licensed to
talk to any public person
CIP
Need 5 mandatory. 10 courses
3 applied and 2 electives.
Insured
Client
Insurer
Insurance company
Insurer gets net premium
Brokerage gets commission.
What is trust account?
Unearned premiums.
3o days can take out money made for month.
Fiduciary
Person of higher trust, someone who holds position of trust.
Code of conduct
A formally adopted statement of applied ethics, or a statement of what is expected in practice from the members of a company, organization, or association that has formally declared its operating values and principles.
Most codes of conduct begin with a description of the principles and values to which the organization aspires.
The code may also prohibit specific behaviors or actions by those it covers.
Must disclose all the markets
Give them all the options
Can’t accept
Anymore money than premium
Can only change information if
insured says so or by law.
Broker
Sells for many.
Agent
Sells for one.
Prescription, in law is
a time after which a cause of action ceases. In insurance, its the time after which a claim may not be brought.
Errors and Omission
Must be $500,000 per claim per person MIN
$2 Million max per claim
Can deny coverage if
Person didn’t buy that coverage.
Public Adjuster
Paid by the insured.
Independent adjuster
Paid by insurer.
Company adjusters
Salaried by insurance company.
Trust account
Where premium goes
Nothing can be taken out of
the trust account
Risk
Refers to the chance of financial loss to which an object of insurance is exposed.
Dealing with risk
Avoidance
controlling risk
loss prevention
Major function of insurance
Spreading the losses of the few among many
Underwriters
Work together with the broker.
Person who reviews application/risks to ensure they fall within the insurers guidelines. The person who determines which risks are acceptable to the insurance company.
Defining Insurance
“Agreement”.
The undertaking of one person to indemnify another person against loss or liability for loss in respect of a certain risk or peril to which the object of insurance may be exposed… or to pay a sum of money or other thing of value upon the happening of a certain event.
Indemnify
To provide compensation for loss or expenses incurred. A contract, express or implied, to repay in the event of a loss.
Insured neither gains nor looses.
Defining Risk
Risk is simply described as the chance of financial loss or object of insurance.
Speculative risk
This involves the possibility of either financial loss or gain.
“Playing the lottery”
Pure risk
This involves the chance of financial loss which does not; at the same time offer a chance of financial gain,
for example; loss of property. When there is no opportunity for a person to profit from a loss the risk is pure.
Pure risk
Only pure risk is insurable.
Moral hazard
Danger of loss arising from the nature of the insured rather than from the physical nature of the risk.
This would encompass those instances where the chance of loss is increased by an Insured’s carelessness, incompetency, recklessness, indifference to loss or an insured’s fraudulent nature.
Five element of contracts
1-Agreement- Unconditionally agree/accept
2-Considereation- Exchange of value between two parties
3-Legality of object- Must be legal
4.Legal capacity of the parties to contract must be competent
Trade names
May enter under other than personal name
Insurance contract must be between the owner of the trade name and the insurer. Corporations are deemed to be legal entitles and have same legal capacity to enter into a contract as that of a natural person.
Insurance contrracts
Require 8 elements enforable
Insurable Interest
Would suffer financially by a loss
All contracts require 5 elements to be enforable
Must contain 3 elements; Insurable interest, utmost good faith and indemnity.
Utmost good faith (Uberrima Fides)
Insurance contracts require a higher standard of honesty.
Indemnity
They indemnify insured for their losses
Insured’s only receive actually amount of loss, no more and no less.
If insurance contract doesn’t contain each of the 8 elements
the contract is VOID
Void Contract
A void contract is one which is unable in law to support the purpose for which it was intended.
Voidable
“One which is void as to (the) wrongdoer but not void as to (the) wronged party, unless he elects to so treat it”
Example; A contract between minor and an adult is generally voidable only at the election of the minor.
Any changes to contract will always be
In writing. Both parties must agree to change.
Endorsements
Acknowledges a change in the terms of the contract which adds, subtract or alters coverages
Endorsements can also be called
Rider - Adds additional coverage to the existing contract
Endorsements can also be called
Rider - Adds additional coverage to the existing contract
Floater- Covers property having a high degree of mobility. Coverage for property that moves location to location.
Rider
Adds additional coverage to the existing contract
Floater
Covers property having a high degree of mobility. Coverage for property that moves location to location.
Law of large numbers
The determination of amount of premiums is law of large numbers
which is the principle that the reliance to be placed upon a given probability is increased when the number of trails or cases is increased.
Dealing with risk
Avoidance, controlling and transfer.
Controlling risk or loss prevention
controlling risk is concerned with taking measures to reduce the frequency and severity of losses.
Controlling risk or loss prevention
controlling risk is concerned with taking measures to reduce the frequency and severity of losses.
Transfer of risk
Transfer all or portion of risk to someone else.
Binding a risk
An insurer’s agency agreement will provide the brokerage with the authority to bind the insurer for certain classes of risks and limits.
Direct loss
When the object of insurance is actually attacked by an insured peril.
How do you measure the amount of loss
ACV
Interest
Limit of insurance provided.
ACV
Actual cash value
Utmost good faith
Trust what they say
Indemnity
Receive only actual amount
Insurance contract must contain
8 elements or will be void.
Rider
Adds additional coverage to existing contract.
Endorsements
Acknowledges a change in the terms of the contract which adds, subtracts or alters coverage.
OSFI
Office of the superintendent of financial institutions
IBC
Insurance Bureau of Canada
IBAC
Insurance brokers of canada
ICPB
Insurance advisory organization
Two major types of insurers
Private and proprietary.
Private insurers
Alberta
Proprietary Insurers
Exist to make a profit; can be either incorporated or unincorporated.
Types of insurers who are proprietary are Joint stock companies (Incorporated)
Being unincorporated
All underwriters become personally responsible for all the losses on insurance business they chose to underwrite.
Llyod’s of London
Unincorporated
People known as syndicates.
Insurance market and largest brokerage house in the world.
Non- proprietary insurers
Reasons other than profit. Owned and controlled by policy holders who have banded together to secure insurance at the lowest cost possible.
Mutual companies
Owned by the policy holders
Fraternal societies
Which exist for the benefits of its members and are usually set up for life insurance, accident and sickness (service clubs)
Government Insurer’s
Saskatchewan, Manitoba, BC and Quebec provide compulsory automobile insurance plans for their residents.
Consumers have option for insuring their personal and business property.
Two major distribution systems
Brokers
Agents
Independent Agency/Brokerage
Brokers.
Represents many insurers
Owners are responsible for payment of all expenses with the business (earned commissions are used)
Direct writing systems
Agents
Employees of the insurer
Insurer owns all the business written
Administration function assumed by insurer.
Insurance in Canada is
Supervised and regulated by the federal and provincial governments.
To make sure contracts are drafted fairly, conducted to the general benefit of the public.
Role of Federal Government
Finically.
Provides licensing to insurers that meet strict financial standards.
Established by the OSFI (Office of the superintendent of financial institutions).
They ensure the companies have enough capacity for the risks that they take on. Ensure their solvency and financial stability.
Role of the Provincial Governments
Insurance Act.
Each common law province has a superintendent of insurance that’s responsible for administering the insurance act.
Responsibility concerns; -Licensing insurers, agents, brokers, adjusters
- Supervise the terms and conditions of insurance contracts
- Monitoring the solvency of provincially licensed insurer’s.
Four insurance councils
Alberta insurance council
Insurance Adjustors council
Life insurance council
General insurance council
Alberta Insurance Council
Financial arm of councils, provides investigation and administrative services to other councils.
-Provides administrative services to the continuing education accreditation committee appointed by the minster of finance.
Following councils are regulator bodies who are responsible for licensing and discipline of agents, brokers and adjusters in Alberta
- Life insurance council
- General Insurance Council
- Insurance Adjustors council
Canadian Insurance Claims Managers Association (CICMA)
Organization of insurance company claims manager that promotes a high standard of ethics in the handling of claims.
One of it’s main functions is to administer the Canadian Inter-company Arbitration Agreement, Which it sets up to arbitrate disputes among the companies who are signatories to the agreement.
This avoids many possible cases of litigation between insurers.
Insurance Bureau of Canada (IBC)
The national trade association that represents the insurance companies.
Insurance Institute of Canada (IIC)
Offers educational programs to the general insurance industry in Canada, Including employees of insurance and reinsurance companies, brokerages, agencies, adjusting firms and risk managers.
Insurance Brokers of Canada (IBAC)
This non-profit trade association is the national body of Canada’s organized brokers.
Developed and maintains licensing courses and maintains close liaison.
Insurance Advisory Organization (ICPB)
One of Canada’s leading loss control firms
Risk inspections, advisory rating services, operates a loss control school for insurance and fire department personnel.
Fire Underwriter’s Investigation Bureau (FUIB)
Crimes relating to fire and other property losses by the following branches set up;
Fire underwriters investigation bureau and Canadian automobile theft bureau.
Property and Casualty Insurance Compensation Corporation (PACICC)
When bankruptcy occurs and claims cannot be paid, the corporation will then pay all valid claims. All participation insurance companies are then charged an assessment to cover the total amount of the claims.
The following can be claimed under this industry funded plan;
-Max of $250,000 for all claims arising from a single occurrence
-A refund of up to 70% of unearned premiums, to may $700 per policy
Underwriters Laboratories of Canada (ULC)
Not for profit organization which operates laboratories and a certification service for the examination, testing and certification of devices, construction materials and services to determine their effect on fire, accident and property hazards.
Government Insurers
Saskatchewan, Manitoba, Bc and Quebec (Automobile)
Insurance Bureau of Canada
It’s national industry association representing Canada’s private p and c insurers.
Property and Casualty Insurance Compensation Corporation
- Max of $250,00 for all claims arising from a single occurrence
- Refund up to 70% of unearned premiums, subject to a max of $700 per policy.
Over time is not covered
Mold, fungus and other biological hazards is not covered.
Facility association
If having trouble getting automobile insurance in regular market can get it from Facility Association.
A CGL Policy generally covers a client’s
Premises, operations, products and completed operations liability.
3-D Policy
Crime and fidelity coverage
Binding is always between
Insurer and broker
DID
——- X Loss “Partial Losses only”
SHOULD
Should = Value x %
What they should of insured it for full partial loss
DID= Insured purchased
Vicarious Liability
An employer is liable toc ompensate persons for harm caused by an employee in the course of employment
Word or phrase most closely with legal liability?
Careless act
Personal injury covers
Slander or libel of a person or an organization
Utmost good faith
the disclosure of material information is required by all parties
Additional living expenses
If house burning
everything covered
If house not burning
Covers for 14 days
Floods never covered unless
You add it on
Did over should
Find out should first
times the % then do did
Co-insurance is like
gambling
co-insurance caluses are designed to
discourage the insured from gambling on suffering only a partial loss
Co-insurance is
Partial loss only
Theres 15 stat conditions
Section 1
Property coverage
Coverage A - Dwelling building
Anything attached
- attached structures
- tree
- attached equipment
- material not covered by theft
Coverage B- Detached structure
Any structure or building separted from the dwelling by a clear space