P & C Flashcards
What is the GRAMM-LEACH BILLY ACT
Established protection for consumers and allowed mergers of banks, security co’s & insurance co’s
Options for dealing with risk
Avoiding-
Transferring-
Retaining-
Contract of Adhesion
P1 prepares contract & submits to P2 on “take-it-or-leave-it” basis - courts usually rule in favor or INSURED
Aleatory Contract
Parties to a contract exchange unequal amounts of money. Premium paid is less than potential benefit.
Conditional Contract
Both parties must perform. Insurer pays claims if insured complies w/ policy conditions
Open Peril
Policies that cover risks of direct physical loss and the perils are not named
A property purchased 10 years ago for $100,000 has a replacement value today of $200,000. It has depreciated 3% each year. What is today’s actual cash value
Current replacement cost of $200,000 minus 30% (3% x 10 years) depreciation = $140,000
M owns a building that is insured for $200,000 with an 80% Coinsurance Clause. A loss of $12,000 occurs and the actual cash value of the property at the time of loss is $300,000. How much will be recovered?
First, determine the amount of coverage there should have been ($300,000 x .8 = $240,000). Divide what was insured by what should have been ($200,000/240,000 = 5/6) times the amount of loss ($12,000) = $10,000. (What was divided by what should have been times the loss)
Other Insurance clause
The Other Insurance clause generally states that two policies covering the same loss will pay proportionally (Pro Rata).
Subrogation
is inherent in indemnity contracts and allows the insurer to take legal action against the negligent third party (transfers the right of recovery from insured to insurer)
Actual Cash Value
Actual Cash Value valuation provides that the policy will pay the cost to repair or replace the damaged property at the time of loss, less a depreciation factor based upon the age of the property
Methods of writing property insurance limits
Specific, Scheduled and Blanket are all methods of writing property insurance limits
What is covered in the Declarations
The Declarations section of the policy contains specific information about the insured, and thus would vary by policy
The owner of clothing to be cleaned would be ?
The owner of clothing to be cleaned would be a bailor; the dry cleaner cleaning the clothes is a bailee
Insuring Agreement includes:
The Insuring Agreement is the company’s commitment to protect the insured and includes a description of the perils