Property And Casualty Test Flashcards
Insurance
Transfer of risk from a person or business to an insurer
Risk
Uncertainty/possibility of a loss
Types of Risk
Speculative risk
Pure risk
Speculative risk
Chance of loss or gain ; not insurable
Pure risk
Chance of loss only; insurance companies will insure
Exdposure
Possibility that a loss will occur
Peril
Cause of loss
Direct
Physical loss
Indirect
Consequence of the direct loss
Hazard
Increases the chance of loss
Physical hazard
The hazard can be seen
Moral hazard
Dishonesty that intentionally causing a loss is acceptable
Morale hazard
Carelessness
STARR
Sharing Transfer Avoidance Retention Reduction
Contract
An agreement between the insured and the insurer
1st party
Insured
2nd
Insurer
Law of large numbers
The larger the group, the more accurately future losses can be predicted
CANHAM
Calculable Affordable Non-catastrophic Homogeneous Accidental Measurable
Adverse selection
Risks that have a greater than average chance of loss
Reinsurance
An insurance company paying another insurance company to take some of the company’s risk
Facultative
The reinsurer evaluates each risk before allowing the transfer
Treaty
The reinsurer accepts the transfer according to an agreement called a treaty
Stock insurer
Owned by stockholders Dividend is not guaranteed Dividend is paid to stockholder Dividend is taxable to stockholders Issues non-participating policies
Mutual insurer
Owned by the policyholders Dividend is not guaranteed Dividend is paid to policyholder Dividend is not taxable; considered refund of premium Issues participating policies
Fraternal insurer
Provides insurance and other benefits
Must be a member of the society to get the benefits
Reciprocal insurer
Unincorporated
Members are required to pay an assessed amount if a loss to any member of the group occurs
Managed by an attorney in fact
Lloyd’s association
insurance provided by individual underwriters not companies
Risk retention group
Liability insurance company created for policyholders from the same industry
Risk purchasing group
A group of businesses from the same industry joining together to buy liability insurance form an insurance company
Self insurance
A business that pays its own claims
Reserves funds to cover losses
Retains risk rather than transfers
Federal government provides residual market insurance
Insurance form the state or federal government War risk insurance Nuclear energy insurance Food insurance Federal crop insurance Unemployment insurance Workers compensation
Insurance company location
Domestic
Foreign
Alien
Domestic
The state where a company is incorporated
Foreign
Company is incorporated in another state or US territory
Alien
Company is incorporated in another country
Certificate of authority
State license for an insurance company
Admitted or authority
State requires the insurance company to have a certificate of authority
No admitted or unauthorized
Insurance company not required to have a certificate of authority from the state
Surplus lines
Insurance sold by unauthorized/no admitted insurers if on the states approved list of surplus insurers
Can only be sold to certain high risk insured
Cannot be sold solely for a cheaper rate than licensed/admitted insurers
Financial strength rating
A report card of the company
Methods of marketing
Independent
Exclusive or captive
General agents or managing general agents
Direct-writing companies
Direct reponse
No agent/producer involved
Agency
The insurance agent acts on behalf of the principal
Agent authority
Express
Implied
Apparent
Express
What the agent’s written contract with the company says
Implied
Not written; activities an agent normally does to sell insurance
Apparent
Activities an agent does that a reasonable person would assume as authority, based on the agent’s actions and statements
Fiduciary trust
Promptly sends premiums to insurer
Has knowledge of products
complex with laws and regulations
Does not commingle funds
CLOAC
Consideration Legal purpose Offer Acceptance Competent parties
Consideration
Giving something of value
Consideration
Premium and statements made on application
Legal purpose
The risk transfer doesn’t violate the law office, and acceptance
Offer and acceptance
Offer
- insured submits application and first month premium to insurer
- insurer accepts or insurer declines the risk
Counteroffer
- agrees to issue policy but with higher premium or restrictions/exclusions
- insured either accepts the conditions or withdraws their application
Competent parties
Legal age
Mentally sane
Sober
Adhesion
Policy written by the insurance company
Contract is like glue cannot be changed
Insured has no input
If ambiguous, court will take the side of the insured
Aleatory
Not equal value
Small premium for a large amount of coverage
Utmost good faith
The insured and insurance company have a right to expect honestly from each other
Unilateral
Only one legally enforceable promise made
Personal
Contract between the insurance company and the insured; cannot be changed to someone else
Conditional
Insured must pay the premium for coverage and file a claim if a loss occurs
Indemnity
Makes whole
- restores the insured to a pre loss state
- pays for the loss with no gain
- no more! No less!
Representation
Believed to be true
- statements on application are considered representations
Misrepresentation
Information given that is not true but would not affect the insurance company’s decision
Material misrepresentation
Information given that is not true and DOES affect the insurer’s decision
Warranty
Always made by the insurance company
- breach of warranty may void the contract
May be made by the insured
- Breach of warranty may void the contract
Concealment
Failure to disclose, hiding information
- if intentional and the information is material, coverage could be voided
- if NOT intentional, coverage NOT be voided
Fraud
Intentional act to cheat another
Waiver
Voluntarily giving up a right
Estoppel
Once a waiver has been created, it can’t be reinserted
Property insurance
Covers buildings and personal belongings
Loss caused by covered peril
First party losses - insurer pays insured
Casualty insurance
Casualty = liability
Always pay the other guy, never me
Third party losses
DICEE
Declarations Insuring agreements Conditions Endorsement Exclusions
Declarations
Who, what, when, where, and how much
Insuring agreements
Promise to pay and perils covered
Conditions
Rules for the policy
Endorsement
Changes to original policy
Exclusions
Not covered
Supplementary coverage
- payment for additional expenses not normally covered
- may have superheated limit of insurance
Named Insureds
In the declarations
First-named insured
First in the declarations