Principal of Insurance Flashcards
insurance
used as a protection against financial loss
used to protect against “pure risks”
involves the transfer of loss and the sharing of losses with others
Pure risk
simply create either a financial loss or no loss
house fires, auto accidents, personal illness
the only insurable risk
speculative risk
there is a chance of profit, loss, or no loss
generally undertaken by entrepreneurs
generally voluntary risk and not insurable
subjective risk
differs based upon an individuals perception of risk
buying a radar detector because the police in the area issue speeding tickets
Objective Risk
does not depend on an individuals perception but is measurable and quantifiable
measures the variation of an actual loss from expected loss
Severity
actual dollar amount of the loss
more important than the probability of the loss
Law of Large #s
when more units are exposed to a similar loss, the predictability of such a loss to the entire pool increases
helps reduce objective risk
The more exposures, the more likely that the results will equal true results and thus will be predictive of future results
Perils
the actual cause of a loss
fire, wind, tornado, earthquake, burglary, collision
Hazard
a condition that increases the likelihood of a loss occurring
3 types: moral, morale and physical hazard
Moral Hazard
a character flaw
a character flaw would lead to a false claim
morale hazard
the indifference created because a person is insured
not concerned about a situation because a person knowingly has insurance in place
physical hazard
a tangible condition that increases the probability of a peril occurring
icy/wet roads, poor lighting, defective equip
Adverse selection
the tendency of people with higher than average risks to purchase or renew insurance policies
managed through underwriting, denying insurance on the front end, and raising premiums on the back end
This is the underwriters greatest challenge
Requisite for an insurable risk
a large # of similar exposure units
losses must be accidental form insureds POV
losses must be measurable and determinable so that the insurer can accurately forecast actual losses
losses must not pose a catastrophic risk for the insurer
premiums must be affordable
an insurer cannot provide coverage that would cause it to become financially insolvent
cannot insure moral hazards bc premiums would skyrocket
Elements of a valid contract
1 party must make an offer and the other party must accept that offer (signing of insurance app & first premium pmt)
must by legal competency of all parties involved in a contract (18 or older)
must be legal consideration (money, services, ppty)
contract must pertain to a lawful purpose
Principle of Indemnity
- an insured is only entitled to compensation to the extent of the insured’s financial loss
- an insured cannot make a profit from an insurance contract
to make whole again
Subrogation Clause
- cannot be compensated twice for the same injury by 2 different parties
- The insured cannot receive compensation form both the insurer and a 3rd party for the same claim
- if the insured collects compensation from their insurance company, they lose the right to collect compensation from the 3rd party
- the insurer “steps into the shoes” of the insured to recoup any restitution from the 3rd party or the 3rd partys insurer
Principle of Insurable Interest
- an insured must have an emotional/financial hardship resulting from damage, loss or destruction
- property and Liability insurance - the insured must have insurable interest at time of policy inception and at time of loss
- life insurance - the insured only needs an insurable interest at the time of policy inception
- life insurance policies are considered LT investments
Void Contract
was never valid and thus never came into existence.
not an enforceable contract since it lacks one of the 4 elements of COALL
ex: contract to sell heroin
Voidable contract
- a valid contract that allows cancellation by one of the parties however the other party is bound by the agreement
- selling a car to a minor
warranty
a promise made by the insured to the insurer
a breach of warranty is grounds for avoidance
Representation
statements made by the insured to the insurer during the application process
must be a material “misrepresentation” to void an insurance contract
misrepresenting age on a life insurance app is not a material misrepresentation and the insurer will simply adjust your death benefit up or down based on your actual age
Concealment
when the insured is silent about a fact that is material to the risk
Characteristics of insurance contracts
- adhesion
- aleatory
- unilateral
- conditional
adhesion
take it or leave it
no negotiations over terms and conditions
any ambiguities in an insurance contract are found in favor of the insured
aleatory
money exchanged my be unequal
small premium with possible large benefit
unilateral
one promise is made by the insurer which is to pay in the event of a loss
insured is not obligated to pay the premiums
if premiums are not paid, then there’s no promise by the insurer
conditional
the insured must abide by the terms and conditions of the insurance contract
if the terms and conditions are not followed, then the insurer may not pay a claim
waiver
occurs when a party relinquishes a known right
estoppel
when a party is denied assertion of a right to which they are otherwise entitled
waiver provisions
an insurer may seek to avoid liability associated with a loss due to their agents offering policy changes not authorized by the company
Parol Evidence Rule
Once the contract is placed in written form all previous/prior understandings may not contradict the written contract
stipulates that the contract reflects the complete understanding of both parties
Reformation
contractual remedy in which the contract is revised to express the original intent of all parties
rescission
deems a contract void from inception
general agent
represents 1 insurer, such as AllState
Independent Agent
represents multiple, unrelated insurers
Broker
actually represents the policy owner, not the insurance company
Express Authority
given through agency or written agreement
insurer is responsible for acts of an agent based on express authority
Implied Authority
the public perceives, and a valid agency agreement exists
actual delivering of an insurance contract and accepting a premium
insurer is still responsible even if a client is misled
Apparent Authority
when the insured believes that the agent has authority to act on behalf of the insurer when in fact, no authority actually exists
NO expressed Authority granted
the rep should not have the marketing pieces
could be inferred based on business cards or a sign on the wall, but the agency agreement actually expired
if an agent represents that insured can pay the premium late, but is wrong, then the insurer is still responsible.
Regulation of the insurance industry
done at the STATE level, not the federal level
legislative branch
- “L”aw
- provides for licensing of agents and enacts laws and requirements for doing business in a particular state
Judicial Branch
- “Judge”
- rules on constitutionality of laws passed by the legislative branch
- render decisions and interpretations regarding policy terms
Executive or State Insurance Commissioner
- administers, interprets, and enforces insurance laws
Goals of State Insurance Regulation
- protect the insured
- maintain and promote the competition
- maintain solvency of insurers
Replacement Cost
current cost of replacing property with new materials of like kind
Actual Cash Value (ACV)
= replacement cost - depreciation (of replacement cost value)
can impose serious financial burden on the insured
almost all auto policies are ACV
Copayment
in addition to deductibles
insured pays a portion of the losses incurred
80/20
Coinsurance
if coverage meets/exceeds the coinsurance reqs (usually 80%) then the insurer pays the lesser of: face value of the policy, replacement cost, or actual expenditures
if coverage is < the coinsurance req, then the insurer pays the > of ACV or:
= (face val / coinsurance) * Loss - deductible
Coinsurance = 80% * Replacement Cost
AM Best’s Ratings
Highest: A++ to A/A-
Lowest: C/C- to D
Moodys Ratings
Highest: Aaa to Aa1/Aa2
Lowest: B1/B2/B3 to Caa
S&Ps Ratings
Highest: AAA to BBB
Lowest: BB to CC