Personal Property Flashcards
Define Subrogation
Assume another legal rights and duties.
Places insurer in the shoes of the insured
Define Indemnity
Outlines how Insurance are going to be made whole
The basis of claim payment clause states the insurer will pay the lessor of:
- actual cash value
- insurable interest
- limits of insurance
Define replacement cost Option:
Replaces property with brand new item of like-kind quality. No depreciation
Define valued basis
Property is appraised and pays just that. No Depreciation.
Specialty items, Fine Art, jewelry, antiques.
True or False
Insurer will pay out full cost if one shoe is lost.
False.
The undamaged portion still has value and won’t be replaced
What are the three forms of misrepresentation?
IA
- False description of property to the Prejudice of insurer
- Misrepresentation of material fact
- Fraudulent omission of a material fact
Is property of others covered?
IA
No coverage unless they have an insurable interest or included in the policy
True or false
Insurance transfers with the property
IA
False
Insurance doesn’t transfer with the property. Unless it was due to Illegal operation, bankruptcy, succession, death.
True or false
You can start a home based business at anytime and be covered by insurance. IA
False. Change of risk. Must notify insurer of any changes. May affect coverage.
How does an insurer terminate coverage?
IA
5 days noticed if hand-delivered
15 days by registered mail
Send Pro rata refund ASAP
How does an insured cancel coverage?
IA
Can cancel anytime. Give notice to broker to forward to ensure. May have short rate refund
What are the requirements of the Insured after loss?
IA
- Notify Insurance in writing immediately
- deliver proof of loss report
- inventory of undamaged property if required
- books of account, inventory, invoices if required and practical ( business)
What’s the difference between a pro-rated refund and a short rate refund
IA
Prorate. Sent by if insurer cancels
Short rate prorate - admin fees, insured request cancelled
What happens if fraud occurs in the proof of loss?
IA
Claim invalid not covered
Who can give proof or notice of claim?
IA
Agent- someone appointed by the insured
Insurable interest holder- lienholder
If unable to they must be either injured or out of country
True or False
You have a hole in your roof. A rain storm hits, you do nothing because all damage will be covered.
IA
False Insured must take reasonable steps to prevent further loss. Ensure will share cost
True or false
Insurer can enter property after lost to adjust but cannot take control
IA
True
How you do you resolve a disagreement in value?
IA
Both parties pick an adjuster, they debate it. If no decision the two appraisers pick umpire. Majority vote wins. Cost of umpire shared.
When is loss payable?
IA
Within 60 days of receiving proof of loss report. Unless contract says otherwise
What can the insurer choose instead of cash payment?
IA
Repair or replacement. Insurer will notify insured within 30 days of proof of loss. Must start with in 45 days of proof of loss