Property Insurance Flashcards
It’s a social device (legal contract or policy) for the transfer of financial risk.
Insurance Policy
When a person can only stand to lose should an event occur.
Pure risk
Is a form added to an insurance policy. It is usually added for a additional premium charge to add coverage. Sometimes, however, it can be added to limit (or, restrict) coverage.
Endorsement
Is a financial interest (risk) which the insured(s) must possess at the time the policy is issued to qualify to purchase the policy as well as at the time of loss to qualify to make a claim.
Insurable interest
Indemnity=?
Reimbursement
Both the principles of indemnity (reimbursement) and insurable interest (financial interest -
Prohibit the insurance company from reimbursing (indemnifying) an insured for more than the actual amount of loss.
Is the initial amount of loss which the insured must suffer (pay) before the insurance company begins to indemnify.
Deductible
What is the purpose of a deductible.
To eliminate small claims that the insured can afford and which would not cost the insurance company to administer.
The maximum amounts which the insurance company will pay under each coverage.
Limits of Liability
What are the two other names for limits of liability?
Face Amount : Amount Carried
The maximum limit of liability that the policy will pay to all persons who are injured or who incur property damage in an occurance.
Aggregate limit
Are things specified in homeowner policies that the insurance company will pay for in addition to the homeowner policy limits of liability.
Additional Coverages
Are things specified in HOMEOWNER policies that the insurance company will pay for in addition to the homeowner policy limits of liability.
Additional Coverages
Are things specified in AUTO policies that the insurance company will pay for in addition to the AUTO policy limits of liability
Supplemental Payments
What are the “named perils”?
Basic Cause of Loss
Broad Cuases of Loss
How many perils are included in Basic Cause of Loss
12 named perils
How many perils are included in Broad cause of loss?
20 named perils
What is the amount paid on a loss?
Loss settlement or adjustment
Pays all sums for which an insured becomes legally liable (responsible) for bodily injuries (physical injuries) and/or property damage caused to someone other than the insured (referred to as 3rd parties) not to exceed the policy limits of liability.
Liability Coverage
Person making a claim.
Claimant
person against whom the claim is being madeand who is submitting the claim to an insurance company for insurance coverage
insured
Three ways a claimant can make a liability claim against insured
- Claim made by claimant with attorney and file lawsuit in the courts against the insured
- Claimant with attorney filed lawsuit in the courts, and would be resolved by an agreement between the claimant and insurance company before the hearing goes to court. It would be settled on the basis of what each side anticipates a court would order if the claim were to go to a court hearing
- Many times, the claimant with an attorney would notify the insured that the claimant intends to make a liability claim against the insured, the insured would submit claim to insurance. insurance would do due diligence and arrange a settlement with the claimant on what they anticipate the court would do or deny the claim.
It is possible for an insured to have liability coverage in effect at the time of an accident or an occurrence, for a claimant to have injuries and/or property damages, for the claimant to make a claim, for the insured to be covered by liability insurance, but the insurance company to pay no money to the claimant.
NOTE*
An insurance company will pay to an injured claimant on a liability claim only if the insurance company determines that a court would find the insured legally liable, and a court would order the insured to pay to the claimant if the claim were to go to a court hearing.
NOTE*
Insurance companies settle liability claims with 3rd party claimants on the basis of what they ______ a court would find if the claimant were to file a lawsuit and a court were to issue a court order.
Anticipate.
For a claimant to persuade a court that the insured is legally liable for an accident or an occurance and for the claimant’s injuries and/or damages, the claimant has to be able to prove to the court several _______ _________
Necessary Elements (requirements).
The most important necessary element (requirement) a claimant must satisfy to persuade a court that the insured is legally liable for an accident and the claimant’s injuries and/or damages.
Negligence
Two ways an insured can be negligent
Omission-Failing
Commission-Doin
Omission-Failing
the omission or failure to do something that he or she should have done
Commission-Doing
Commissioning or doing something that he or she should not have done
A claimant can have damages either in the form of bodily injuries or property damage or both
Damages
Bodily injuries include:
A. Reimbursement for medical bills
B. Reimbursement for lost wages
C. Compensation for pain and suffering
D. Compensation for permanent disabilities
E. Compensation for permanent scarring and disfigurement
Are the basic, regular statements on an application which the insured believes to be correct to the best of his or her knowledge
Representations
An insurance company can contest (refuse to pay) a claim due to a representation on an application if the insurance company can prove the representation was:
- False or concealed
- Material
- Intentional
Are special statements on an application which the insured guarantees to be correct.
Warranties
An insurance company can refuse to pay (contest) a claim due to a warranted, guaranteed statement on an insurance application if it was in any way ____ or ______
false or concealed (It’s easier for insurance companies to contest warranties because they only have to prove false or concealed.)
The process of deciding whether an application for insurance qualifies for coverage and what the premium charge should be.
Underwriting
The purpose for inspections are for the following
- verify the value
- verify the use of the property
- to verify the use of surrounding properties
- To verify that the property is reasonably well maintained.
The applicants right to information
Fair Credit Reporting Act
Allows various types of financial organizations such as commercial banks, investment banks, securities firms, and insurance companies to consolidate.
Gramm-Leach-Bliley Act - Privacy Act
The Gramm-Leach-Bliley Act - Privacy Act provides 4 things:
- Provides for the protection of consumer information
- Requires financial orgs to provide each consumer a privacy notice
- The privacy notice must explain the info that is to be collected about the consumer, with whom the info is to be shared, how it is to be used and how it is to be protected.
- The consumer must also be notified of his/her right to request that information not to be shared with other organizations
Some property insurance policies cover:
- only buildings
- only personal property
Many property insurance properties cover:
both buildings and personal property
Structures attached to land
buildings
Buildings are sometimes insured for _______ but are usually insured for ___________
Actual Cash Value (ACV); replacement cost
Property not attached to land or building
personal property
Personal property is often insured for it’s ___________ or, under some policies, for an extra premium charge, it can be insured for it’s ____________
actual cash value; replacement cost
If the insured person does not rebuild , repair, or replace the insured property with new materials of like kind and like quality and at the same location; then the insurance company will indemnify _________________
only the actual cash value of the loss
what will the insurance company do if a claim exceeds limit of liability?
waives the deductible
This coverage indemnifies the insured person for no more than his/her actual financial or economic loss
Actual Cash Value
Actual Cash value formula
Loss of actual cash value = replacement cost - depreciation
Depreciation = percentage of useful life used up x replacement cost
Requires the insured property to be insured for at least a specified percentage of its value at all times, continuously.
Loss Settlement Provision (Coinsurance Clause)
Some loss settlement provisions (coinsurance clauses) requires the insured property to be insured for at least 60% of its value, others 70% others up to 80%. Some times requires insured property to be insures for 100%
NOTE*
To have the full cost (100%) of repairing or rebuilding with new materials and labor less the deductible paid on a loss, the insured must keep the insured property insured for the required stated percentage of it’s value at all times including __________
the time of loss
Keeping a property insurance policy up-to-date, keeping the property continuously insured for the required amoutn or more and meeting the Loss Settlement Provision (coninsurance clause)
Insurance to value
If the insured property is not insured for the required, stated percentage of tis value at time of loss, the insurance company will pay less than 100% of the loss. The insured will be _______ at the time of loss settlement
penalized
Formula for Loss Settlement (adjustment)
Loss settlement (adjustment) = amount carried/amount required x loss
Amount required = Coinsurance percentage x replacement cost at time of loss
The principle of indemnity and insurable interest prohibit the insurance company from doing what?
Paying more than the actual amount of loss.
Continuously keeping property insured for the actual amount required or more.
Insurance to value
Parts of an insurance policy
- Dec Page
- the insured
- Insuring agreements
- Conditions
- Exclusions
The person or organization named in the dec page
Named Insured
Insuring agreements = ?
Insuring clause
What is the insuring agreement (insuring clause)?
Promise to Indemnify
Conditions = ?
requirements
What are the conditions (requirements) at the time the policy is issued (purchased)?
- application
- premium
What are the conditions (requirements) at the time of loss?
- Notice of loss
- Proof of loss