PC1 - A9-A10 Flashcards

1
Q

Insurer Risk Control Goals (4)

A

Earn a profit (reduce E&O, grow policy volume)
Meet customer needs
Comply w/ legal req
Fufill duty to society

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2
Q

Risk Control Services (3 types)

A

Physical Survey
collect UW info, do walking tour, look at management exp
evaluate fire/wind/burgerly loss, legal liability, employee injuries
look at management commitment to risk control and employee attitudes
Risk Analysis and Improvement
analyze loss history, reduce causes of prior losses
then follow up. Provide training or fire system testing
Develop Safety Management Program
done by senior staff, most important for commercial lines/industrial

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3
Q

Reasons for Premium Auditing

A

WC, GL, Commercial Auto
Determine correct premium
Collect ratemaking data
Meet regulatory req
Deter fraud
Reinforce confidence with insured
Obtain extra info

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4
Q

Premium Auditing Process (7 steps)

A

Planning - see what they do and how its structured
Determine employee relationships - sometimes WC doesn’t count people as employees, sometimes excludes sole proprietor
Find/evaluate records (what’s valuable, is there overtime)
Auditing Records - ensure things are classed right
Analyze/verify data - is it reasonable, detailed enough
Report findings
(Test Audit - the bureau does it to check behind you on premium audit)

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5
Q

2 main goals of claims

A

Comply with contractual promise (must indemnify a covered loss and provide fair, prompt service)
Support financial goals (set appropriate reserves, don’t overpay)

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6
Q

Claims Department People

A

Senior claim office at the top
Regional offices
Staff claims rep - employee of the insurer usually in a regional office
Independent adjuster - contractor for remote locations of catastrophe. Work for firms sometimes
3rd party admin - if you are self-insured
producers - might let them do small claims, up to $2,500 ish, can write a draft (aka check)
public adjuster - insured might hire one for second opinion to negotiate

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7
Q

Claims performance measures (2)

A

Loss ratio - percent of premiums consumed by losses
quality measures - best practices, audits, customer surveys

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8
Q

Measures to ensure Claims compliance

A

Claims guidelines - how claim should be performed, used for training, details timing outline (diary - reminder system for claims reps)
Controls - claims report, security on claims info, reports on reserves
Security - use password, restrict to managers, protect reserve changes
Reviews by managers
Claims audits - can be internal or external

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9
Q

Claim Handling Activities (6)

A

Acknowledge and Assign (could be several claim reps)
Identify Policy and Set Reserves - if potentially no coverage must sign nonwaiver or reservation of rights
Contact Insured - explain policy and exclusions, describe timeframe, provide proof of loss form
Investigate - take witness accounts, claimant account
Determine Cause, Liability, and Loss Amount
Conclude Claim - settle on an amount, if denied send letter, possible litigation

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10
Q

Methods of reserving (6)

A

Individual - relies on rep
Roundtable - relies on rep (two people together)
Average Value
Formula
Expert System
Loss Ratio
(rest are statistical)
Stairstepping - bumping up reserve because you set it too low

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11
Q

Framework for Coverage Analysis

A

Review all parts of policy, read forms and endorsements
Is the person covered? (named insured? friends who take your care are covered. IIN’s not always covered)
Did it occur in the policy term? (one minute after midnight policy starts)
Is cause covered? (named peril coverage? special form (open perils))
Is type of loss covered? direct (rebuilding house) vs indirect (future income, rental cost of hotel) Most property is direct only!
Are amounts covered? property usually Replacement Cost, liability is special (medical, funeral) or general damages. We don’t pay punitive damages

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12
Q

Property Claim Process (6 steps)

A

1 - Who’s insured, who has insurable interest (generally anyone financially harmed. Creditors. Typically 1st named insured and spouse)
2 - What property is insured and when (real property - land/building/permanent fixture)
3 - what are covered causes of loss?
4 - what’s the amount of loss? (Replacement or ACV) ACV is replacement minus depreciation. Always apply deductible before co-insurance
5 - Insureds duty after a loss - provide notice, protect property, assist w/ adjustment (inventories and proof of loss). Possible exam under oath
6 - what procedures conclude a claim - determine cause, amount. Document them. Determine salvage value and subrogation needs

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13
Q

Ownership in common and tenancy in entirety

A

Ownership in common - 2 or more owners
tenancy in entirety - owned by married couple

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14
Q

Residential Dwelling Claims

A

2 keys: address insured concerns and enforce policy provisions
issue additional living expense payment (insured must keep receipts)
get contractor estimates
hire restoration/cleaning service

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15
Q

Residential Personal Prop Claims

A

hard to get proof sometimes, need an inventory
need to watch sublimits on specific items (guns, jewelry, furs)

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16
Q

Commercial Structure Claims

A

need highly skilled rep
may need architect to review specs, use construction plans
Property ACV - demand for buildings varies hard to pin down a value
commercial mortgages - usually must pay in full if structure is destroyed
pollution - typically not covered, best to hire your own decontaminator
arson - must prove it was incendiary fire, motive, and opportunity

17
Q

Business Income Claims

A

highly complex
2 settlement approaches: prospective (usually if not repairing, settle immediately) or retrospective (settle after bills)
Remember time to restoration is time it ought to take to do repairs (not time taken)
Loss amount: revenue - cost of goods - missed operating expenses
extra expense - this is retrospective only, can go towards repairs if it lowers income loss

18
Q

Merchandise Claims

A

hard to value. ACV is tough. Obsolescence isn’t covered by insurance
Salvage is good option here
Must also have been regularly reporting value of merchandise (if loss, just look at last report)
Can negotiate - let them sell merch for discount if they think they can turn more profit than salvage

19
Q

Transportation/Bailment claims

A

trucking, railroads, air freight, dry cleaners
usually involves two claims - one on user’s part and one on owner’s part
bill of lading - specifies a liability amount
released bill of lading - lowers the freight rate but lowers liability limit too

20
Q

Liability Claims Handling

A

1 - Determine coverage - mainly interested in exclusions, must not be intentional. If you damaged someone’s property while it’s in your care - not covered
2 - Determine legal liability - get accounts, police reports. Must have proximate cause (chain of events). Can be strict liability, no negligence needed (wild animal farm, explosive storage). Breach of contract covered if there was bodily injury/prop damage
3 - Determine damages - can take a long time (medical bills, doctors) Must be necessary care, reasonable in cost. Earnings paid for missed work. Loss of consortium (sex, society)
4 - Negotiating - best to settle claim and not litigate. Insured must pay excess over policy limit. ‘General Release’ is signed absolving all liability for given $ amount. Structured settlement pays into the future. Walk-away settlement - give cash for small claims

21
Q

Personal injury

A

defamation, false arrest

22
Q

Tort

A

typically bad behavior based on negligence

23
Q

Vicarious liability

A

often involves employees acting as part of the corporation

24
Q

Comparative negligence

A

partly the claimant’s fault too. Reduce settlement by portion of fault.
pure - claimant can get back a portion
modified - if claimant’s fault is more than 50, then they get nothing

25
Q

Auto bodily injury claims

A

most common liability claim
often inadequate policy limits
often differ over who is at fault, even if agree on accident
uninsured motorist coverage - insured is the claimant on this one. Difficult to defend for liability
underinsured motorist - sometimes has a limit trigger - when negligent driver has lower limits than you. Or amount of damage is certain amount

26
Q

Premise liability claims

A

frequent for retail business
need to find cause of accident
often pay minor medical bills, even if no fault, just to close claim
determine if comparative negligence ( did they assume the risk )

27
Q

Operations Liability Claim

A

an unsafe act
typically with contractors (general contractor has duty to make safe workplace)
Also covers contractual liability with varying coverage

28
Q

Products Liability Claims

A

breach of warranty - promise of performance/durability/etc
express warranty - ad material describing in certain way/use
strict liability - product itself is unsafe/defective
retailer is responsible unless manufacturer is found. Then it falls to manufacturer’s insurance
Determine if same product could have been safer and done the same function
Was it improper use or lack of reading instructions?

29
Q

WC Claims

A

usually compensated regardless of fault
employees liability - employee must prove negligence, can provide care to spouse too
third-party-over - employee sues machine company who then sues employer
med pay is pretty unlimited, law requires paying all of it. Do audits to check on it
Medical management - used if there will be long payouts, must pay disability payments until employee decides they are better

30
Q

Professional Liability Claims

A

often litigated - reputation is at stake
malpractice suits - when the decision made at the time and circumstances should have been different