Risk Management and Insurance Planning Flashcards

1
Q

Pure Risk

A

There is a chance or loss or no loss (ex. death, auto accident, house fire).
Insurable risks.

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2
Q

Speculative Risk

A

A chance of profit, loss, or no loss.
Generally undertaken by entrepreneurs.
Generally voluntary risk and not insurable.

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3
Q

Subjective Risk

A

Differs based on an individual’s perception of risk.

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4
Q

Objective Risk

A

Measurable and quantifiable.
Measures the variation of an actual loss from expected loss.

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5
Q

Law of Large Numbers

A

When more units are exposed to a similar loss the predictability of such a loss to the entire pool increases.
The more exposures, the more likely that the risks will be equal true results and thus will be predictive of future results.
Helps to reduce objective risk.

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6
Q

Perils

A

The actual cause of a loss (ex. fire, wind, tornado, earthquake, burglary, collision)

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7
Q

Types of Hazards

A

Hazard: condition that increases the likelihood that a peril will occur.
Moral
Morale
Physical

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8
Q

Moral Hazard

A

A character flaw that could lead to a person filing a false claim.

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9
Q

Morale Hazard

A

The indifference created because a person is insured.

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10
Q

Physical Hazard

A

A tangible condition that increases the probability of a peril occurring.

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11
Q

Adverse Selection

A

The tendency of persons with higher-than-average risks to purchase or renew insurance policies.
Premiums are dependent upon a balance between favorable and unfavorable risks in the pool.
It is managed through underwriting, denying insurance on the front end, and raising premiums on the back end.
The underwriter is responsible for managing adverse selection.

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12
Q

Requisites for an insurable risk

A

Large number of similar exposure units (homogeneous).
Losses must be accidental.
Cannot insure moral hazards because premiums would sky rocket.
Losses must be measurable and determinable so that the insurer can accurately forecast actual losses.
An insurer cannot provide coverage that would cause it to become financially insolvent.
Premiums must be affordable.
*Insurable risks are CHAD - not Catastrophic, Homogeneous, Accidental, and measurable and Determinable

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13
Q

Elements of a valid contract

A

One party must make an offer and the other party must accept that offer (ex. signing and paying the first premium).
Must be legal competency of all parties involved.
Bother parties must be 18 or older, otherwise contract is voidable by the minor.
Must be legal consideration.
Contract must pertain to a lawful purpose.
*A legal contract requires COALL - Competent parties, Offer and Acceptance, Legal consideration, and Lawful purpose

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14
Q

Legal Principles of Insurance Contracts

A

The Principle of Indemnity
Subrogation Clause
The Principle of Insurable Interest

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15
Q

The Principle of Indemnity

A

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.

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16
Q

Subrogation Clause

A

The insured cannot receive compensation from both the insurer and a third party for the same claim.
If the insured collects compensation from their insurance company, they lose the right to collect compensation from the third party.

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17
Q

The Principle of Insurable Interest

A

An insured must have an emotional or financial hardship resulting from damage, loss, or destruction.
Property and liability insurance - the insured must have insurable interest at the time of policy inception and at the time of loss.
Life insurance - the insured only needs insurable interest at the time of the policy inception.

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18
Q

Warranty

A

A promise made by the insured to the insurer.
A breach of warranty is grounds for avoidance by the insurance company.

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19
Q

Representation

A

Statements made by the insured to the insurer during the application process.
There must be a material misrepresentation to void an insurance contract.
Misrepresenting age on a life insurance application is not material misrepresentation.

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20
Q

Concealment

A

When the insured is silent about a fact that is material to the risk.A

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21
Q

Adhesion

A

An insurance policy is basically “take it or leave it”. There are no negotiations over terms and conditions.
As a result, any ambiguities in an insurance contract are found in favor of the insured.

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22
Q

Aleatory

A

The money exchanged may be unequal. In other words, there’s a small premium, but the insured may receive a large benefit.

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23
Q

Unilateral

A

Only one promise made by the insurer which is to pay in the event of a loss.
The insured is not obligated to pay the premiums. If the premiums are not paid, then there’s no promise by the insurer.

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24
Q

Express Authority

A

Given through an agency or written agreement.
The insurer is responsible for acts of an agent based on express authority.

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25
Q

Implied Authority

A

The authority that the public perceives.
The actual delivering of an insurance contract and accepting a premium is an example of implied authority.
The insurer is still responsible even if a client is misled.

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26
Q

Apparent Authority

A

When the insured believes the agent has authority to act on behalf of the insurer when in fact, no authority actually exists.
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 purchase a policy from an insurance company that has not renewed that agent’s agreement, they may still be held responsible.

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27
Q

Insurance Rating Agencies

A

A.M. Best’s
- Highest: A++ to A/A-
- Lowest: C/C- to D

Moody’s
- Highest: Aaa to Aa1/Aa2
- Lowest: B1/B2/B3 to Caa

Standard and Poor’s
- Highest: AAA to BBB
- Lowest: BB and lower CC

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28
Q

National Association of Insurance Commissioners

A

Provides a watch list of insurance companies based upon financial ratio analysis. Ratios measure the financial health of insurance companies.
NAIC has no regulatory power over the insurance industry, but is involved in accrediting state insurance regulatory offices. Regulation occurs at the state level.

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29
Q

6 Steps of Risk Management

A
  1. Determine the objectives of the risk management program.
  2. Identify the risks to which the client is exposed.
  3. Evaluate the identified risks as to probability of occurrence and potential loss.
  4. Determine alternatives for managing risks, and select the most appropriate alternative for each.
  5. Implement the program.
  6. Evaluate, monitor, and review (control).
    *DIEDIE - Don’t Insure Everything (Squared)
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30
Q

Term Life Insurance

A

Pure insurance protection which pays a predetermined sum if the insured dies during a specified period of time.
Protection ceases at the end of the term unless renewed.
Premium pattern may be level or increasing on an annual or set period basis.
Face amount may be level or decreasing.
No cash value, savings component, or investment component.
Very inexpensive at young ages.
Most policies are renewable without evidence of insurability.
Most are convertible without evidence of insurability for a specified period.
There is a waiver of premium if the payer becomes totally disabled.
Appropriate for education funding, expenses during the grieving process, or paying off a mortgage (decreasing term).

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31
Q

Types of Term Insurance

A

Annual Renewable Term (ART)
Level Term (LT)
Decreasing Term (DT)

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32
Q

Annual Renewable Term (ART)

A

Premium increases annually, but the death benefit stays fixed.
Can be converted to permanent life insurance without evidence of insurability.

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33
Q

Level Term (LT)

A

Larger premiums than an ART policy as you are prepaying the higher mortality costs.

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34
Q

Decreasing Term (DT)

A

Premiums are level, but the death benefit decreases.
Ex. if the goal is to payoff a mortgage.

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35
Q

Whole Life/Permanent Life Insurance

A

Provides lifetime protection if premiums are paid as agreed.
Pre-fund future higher mortality costs using present value analysis.
Premium patterns vary widely from single premium to increasing premiums.
Have a savings or investment component with earnings accruing on the residual of the premium less the cost for the year plus any previous savings balance.
Cash values may be used for loans or may be received if the policy is surrendered.
Cash values usually have a minimum guaranteed rate of interest.
Participating policy: receives dividends.
Non-participating policy: does not receive dividends.

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36
Q

Whole Life/Permanent Life Insurance Advantages

A

Provide tax deferred growth of cash value.
Permanent protection until age 100-120.

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37
Q

Whole Life/Permanent Life Insurance Disadvantages

A

Premiums are expensive and their is no flexibility with the premium payments.
Cash value grows gradually.
The insured may not be able to purchase as much protection.

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38
Q

Types of Whole Life Insurance

A

Ordinary Whole Life Insurance
Limited Pay Whole Life Insurance
Variable Whole Life Insurance

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39
Q

Ordinary Whole Life Insurance

A

The insured pays premiums until age 100-120 or death.
The cash value increases to face value at age 100-120.
The death benefit is level throughout the term of the policy.

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40
Q

Limited Pay Whole Life Insurance

A

Premiums are higher than ordinary life because the insured only pays premiums until a certain age.

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41
Q

Variable Whole Life Insurance

A

The cash value is invested by the insured in stock, bond, and money market mutual funds. An opportunity for higher returns on cash value exists with variable life.
The death benefit and cash value fluctuate based on investment performance.

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42
Q

Life Insurance Dividend Options

A

Available on participating policies. These dividends do not need to be reported.

Cash: client’s receive the money and can use it or invest it as they wish.

Accumulate at interest: the company invests the dividends and they are tax-free up to the client’s basis in the policy. Interest paid on the dividends is taxable.

Reduce premiums: decreases the out of pocket expense for premiums.

Paid-up additions: purchases additional insurance each year for insured regardless of health or occupation.

One-year term: adds term insurance each year to the policy face amount equal to the cash value of the policy. Also known as the 5th dividend option.

*Dividends are a CRAP-O: Cash option, Reduce premiums, Accumulate at interest, Paid-up additions, and Term (one-year)

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43
Q

Life Insurance Nonforfeiture Options

A

Available on cash value policies when the policy has lapsed.

Cash surrender value: insured receives the accumulated cash value when terminating the life insurance policy. The cash surrender value is the cash value less surrender charges.

Reduced paid-up insurance: insured receives the cash value in the form of a paid-up policy with a smaller face amount.

Extended term insurance: the insured receives the cash value in the form of a paid-up term policy for a specified duration, with the same face amount as the original policy.

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44
Q

Universal Life Insurance

A

Flexible - the insured may adjust the premiums paid, the face value of the policy, and cash value.
The insured does not direct the investment portion of the cash value.
Cash value can be used to actually pay the policy premiums.

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45
Q

Universal Life Insurance - A

A

A flexible premium, adjustable death benefit, unbundled life insurance contract.
If the cash value gets high enough, the death benefit will increase.
Unbundled - beneficiary receives cash value OR death benefit.

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46
Q

Universal Life Insurance - B

A

Same as Universal A except that death benefits vary directly with the cash values.
More expensive than A because the death benefit is equal to a specified amount of insurance PLUS the cash value - bundled.

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47
Q

Variable Universal Life Insurance

A

Has investment options such as stock, bond, and money market mutual funds and is directed by the insured.
There is no minimum guaranteed rate of return or interest.
The cash value is invested in a separate account, not the insurer’s general account.
The cash value is not guaranteed but in the event of an insurance company failure, the separate account will not be treated as an asset of the insurance company.

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48
Q

Absolute Assignment

A

The other transfers all policy ownership rights.

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49
Q

Collateral Assignment

A

Used for collateral on debt, which only assigns limited ownership rights.
The assignment automatically terminates when the debt is satisfied.

50
Q

Taxation of Life Insurance

A

Death benefits are generally excludable from taxable income.
Dividends earned on cash value are not taxable until withdrawn.
Cash value is not taxable if received at death.
Loans against life insurance are tax free unless the contract is a MEC.
Exchanges for one life insurance policy to another or to an annuity does not create a taxable event.
Exchanging an annuity for life insurance creates a taxable event.

51
Q

MEC

A

Subject to 10% penalty and LIFO taxation if withdrawals before age 59.5.
Policy becomes a MEC if it fails the 7 pay test: cumulative premiums paid exceed the premiums due for the time period being considered.
MEC status only effects withdrawals and the ability to take loans, not the taxation of proceeds at death.

52
Q

Life Insurance Transfer for Value

A

Taxable to the transferee to the extent that proceeds except basis.
Exceptions:
- Transferred to the insured.
- Transferred to a business partner of the insured.
- Transferred to a corporation in which insured is a shareholder or officer.
- Transfer that results in carryover basis from transferor to transferee.

53
Q

Taxation of Life Insurance Premiums

A

Premiums paid by the insured are not tax deductible by the insured.

54
Q

Taxation of Group Life Insurance Premiums

A

Premiums paid by the employer are deductible to the employer.
Premiums paid by the employer are taxable income to the employee, to the extent that they exceed $50k of coverage.
An employee must impute taxable income for benefits in excess of $50k.
The imputed income is a function of age and amount of benefits per $1,000 in excess coverage.

55
Q

Chronically Ill

A

A person who is not terminally ill but has been certified by a licensed health care provider as being unable to perform, without assistance, at least 2 activities of daily living for at least 90 days, or a person with a similar level of disability.

56
Q

Activities of Daily Living (ADLs)

A

Eating
Toileting
Transferring
Bathing
Dressing
Continence
*Must be unable to perform at least 2 of the above to be chronically ill.

57
Q

Taxation of Annuities

A

Post 1982 - premature withdrawals receive LIFO tax treatment.
Pre 1982 - premature withdrawals received FIFO tax treatment.

58
Q

Tax Treatment for Annuity and Life Insurance Exchanges

A

LL
AA
LA
NOT AL
Can never un-MEC a policy, even through exchange.

59
Q

Solving Stop Loss Limit

A

Insured always pays the deductible.
Insured then pays coinsurance percentage of stop loss amount.
After paying coinsurance percentage of the maximum stop loss amount, insurer pays 100%.
Insured pays the deductible plus the stop loss limit.

60
Q

Non-cancellable Policies

A

Continuous and guarantee an insured the right to renew until a specific age or stated number of years.
The insurer cannot raise premiums and cannot cancel the policy.

61
Q

Guaranteed Renewable Policies

A

The right to renew is guaranteed until a specific age or stated number of years.
The insurance company cannot cancel the policy but they can raise the premiums, as long as the premiums are raise for an entire group or class of policyholders.

62
Q

Medicare Part A (Hospital Insurance)

A

Paid for by a portion of the social security tax.
Services covered include: hospital, skilled nursing, home health care, and hospice.
Benefit period begins on the first day a patient receives services and ends after 60 consecutive days of no further hospital stays, skilled nursing care, or rehabilitation services. There is no limit to number of benefit periods per individual.
Deductible of $1,600 (2023) per benefit period.
Coinsurance (insured pays):
-$400 per day for 61-90 per benefit period
- $800 per day for days 91-150 (lifetime reserve days)
Skilled nursing facility coinsurance:
- $200 per day for days 21-100 per benefit period
Medical equipment coinsurance of 20%.
Services not covered: custodial care (include nursing care facility that provides assistance with ADLs).

63
Q

Medicare Part B (Medical Insurance)

A

Persons with Part A coverage can elect Part B coverage as well - optional
Premiums are paid by the insured ($164.90 per month or more depending on income).
Services include: doctor’s services, ambulance transportation, diagnostic tests, outpatient therapy, home health care, clinical research, durable medical equipment, mental health (inpatient, outpatient, partial hospitalization).
The deductible is $226 per year with a coinsurance of 20%.

64
Q

What is NOT covered by Medicare Part B

A

Dental care, dentures
Cosmetic surgery
Hearing aids
Eye exams

65
Q

Medicare Part D (Drug Coverage)

A

Intended to save participants money on prescription drug costs and help protect against higher drug costs in the future.
Insurance companies and other private companies work with Medicare to offer these drug plans by negotiating discounts on drug prices.
Optional.

66
Q

COBRA (Consolidated Omnibus Reconciliation Act)

A

An extension of group health insurance with the same coverage.
Applies to any employer who has a health plan and 20 or more employees.
An employer may charge 2% for administrative expenses (total expenses to the employee is 102% of the actual insurance cost).
Applies to loss of coverage for the covered employee, employee’s spouse and/or dependent child.

67
Q

Qualifying events in which an employer must offer COBRA coverage for a specific period of time

A

Reduction in hours or normal termination - 18 months
Death - 36 months
Divorce - 36 months
Medicare eligibility - 36 months
Loss of dependency status by child of employee - 36 months
Employee meets social security definition of disabled - up to 29 months

68
Q

Long Term Disability

A

Covers periods when the insured is unable to work due to an accident or sickness.
Needs to be 60-70% of gross pay.
Needs to be to retirement or for life.
Social security definition is disabled for 5 months, expected to continue for 12 months or result in death and cannot perform duties of any occupation.
Benefits are taxable if premiums are paid by other than the insured.
Usually has 30-180 day elimination periods which essentially serves as a deductible.
May have a residual clause which provides some benefits for returning to work in a lower paid position.
Must be either non-cancellable (insurer cannot cancel and can’t raise premiums) or guaranteed renewable (insurer cannot cancel but can raise premiums, but only if raise on entire group).

69
Q

Types of Disability

A

Any occupation
Own occupation
Split definition

70
Q

Any Occupation Disability

A

Considered disabled if insured cannot perform the duties of “any occupation”.
Provides for the least expensive premium.
Considered disabled if unable to perform duties of gainful occupation they’re reasonably fitted by education, experience, training, and prior economic status.

71
Q

Own Occupation Disability

A

Considered disabled if insured cannot perform the duties of his “own occupation”.
More expensive, ideal for specialized, high paying fields.

72
Q

Split Definition of Disability

A

Begins with own occupation, and moves into any occupation after a year or two under the own occupation definition.

73
Q

Taxation of Disability Benefits

A

If EMPLOYEE pays the premium:
- Premiums are NOT deductible
- Benefits are tax-free

If EMPLOYER pays the premium:
- Premiums ARE deductible to employer
- Benefits to employees ARE taxed

If EMPLOYEE pays premium with PRE-TAX dollars (cafeteria plan):
- Benefits to employee ARE taxed

74
Q

Residual Benefits Clause

A

If insured goes back to work at less pay then the policy will pay the difference between current income and income prior to disability.

75
Q

Homeowners Insurance Section I

A

Coverage A: Dwelling
Coverage B: Other structures
Coverage C: Personal property
Coverage D: Loss of use

76
Q

Homeowners Insurance Section II

A

Coverage E: Personal liability
Coverage F: Medical payments to others

77
Q

Basic Named Perils

A

Fire
Vehicles
Lightening
Smoke
Windstorm
Vandalism
Hail
Explosion
Riot
Theft
Aircraft
Volcano
*A named peril policy

78
Q

Broad Perils

A

Basic named perils plus:
Falling objects
Weight of ice, snow, sleet
Accidental overflow of water
Sudden bursting of appliances
Freezing of system or appliance
Damage from electrical current
*A named perils policy

79
Q

General exclusions for homeowners policies

A

Movement of ground (earthquake, landslide)
Ordinance or law (loss resulting from regulations regarding construction or demolition)
Damage from water (floods, water from underground sewer backup)
War or nuclear hazard (including nuclear powerplant)
Power failure
Intentional act (burning down your own house)
Neglect (must take reasonable means to save property and mitigate loss)

80
Q

HO I - Coverage A: Dwelling

A

Covers repair or replacement of the house, attached structures and building materials on premises.
The insured must purchase an amount equal to replacement cost (cost to rebuild) of the building.
Insured must carry at least 80% of replacement cost of the building (coinsurance).
Actual cash value: represents the depreciated value of the property.
Replacement cost: amount necessary to purchase, repair or replace with similar quality at current prices. Insured must carry 80% of the replacement cost at the time of loss.
(Insurance Purchased / Coinsurance) X Loss or Replacement Cost

81
Q

HO I - Coverage B: Other Structures

A

Includes detached garages, storage buildings, etc.
Limit is usually 10% of the amount of coverage A.
Other structures will not be covered if used for business purposes.

82
Q

HO I - Coverage C: Personal Property

A

Includes furniture, electronics, paintings, etc.
Limit is usually 50% of coverage A amount.
Coverage is still effective, regardless of where property is located at the time of loss.
Standard coverage is for actual cash value, need an endorsement for replacement cost.
Limits are placed on personal property losses, e.g. cash, coin collections ($250), jewelry ($1,500).
Exclusions: property of roomers/renters or property in an apartment rented to others.

83
Q

HO I - Coverage D: Loss of Use

A

Combination of additional living expenses and loss of rental income.
Limit is usually 20-20% of coverage A amount for insurance forms HO-2, HO-3, HO-4, and HO-5.
50% of coverage C for HO-6, and 10% of coverage A for HO-8.
Loss resulting from living in a hotel because residence is damaged or being repaired.
Alternatively, if rental income is lost due to a property being damaged, the insured may collect.

84
Q

HO II - Coverage E: Personal Liability

A

Protects the insured against claims arising out of both bodily injury and property damage.
The insurer will cover both the damages and the costs of any defense of the claim or suit.
The minimum amount of coverage is $100k per occurrence.
Liability insurance is based on a legal liability to pay.
The insurer will only pay to the lesser of the damage or the coverage.

85
Q

HO II - Coverage F: Medical Payments to Others

A

Includes coverage for the medical payments to others for injuries that arise even where the insured is not liable for the injury.
Medical expenses include reasonable charges for medical procedures, surgical procedures, hospital stays, ambulances, dental care, x-rays, professional nursing, prosthetic devices, and funeral services.
Does not apply to the insured or members of the insured’s household.
Not liability coverage and not based on fault.

86
Q

Required conditions to collect under Coverage F: Medical Payments to Others

A

One of the following conditions must be met for an individual to receive medical payments coverage from the insured:
- The injury occurs while the person has permission to be at the insured location.
- The injury occurs while the person is away from the insured location and is caused by a condition at the insured location or on property immediately adjoining the insured location.
- The insured injures another person while away from the insured location.
- An animal owned by or in the care of the insured injures an individual off the insured premises.

87
Q

HO-4: Contents Broad Form (Renters)

A

Designed for tenants, and provides protection for furniture, clothes, and other personal property against the same perils as HO2 broad form.
Loss of use coverage is limited to 20% of the amount of coverage C (personal property).
Tenant’s improvements and betterments coverage protects the insured for the value for any additions, installations, or improvements made by the insured to the rented dwelling.

88
Q

HO-6: Unit Owners Form (Condo Owners)

A

Covers basic and broad named perils, but not building coverage.
The insurance responsibility in a condo arrangement is divided between the condo unit owner and the condo association. Loss assessments typically need an endorsement.
Provides coverage for the personal property of the condo owner for the same named perils as HO2.
Provides for loss of use coverage equal to a max of 50% of the amount of coverage C (personal property).
Provides coverage for building alterations and additions, which include appliances, fixtures, real property that pertains exclusively to the insured’s premises, property that is the insured’s responsibility under the condo association agreement and structures owned by the insured other than the condo unit.
Endorsements can be added to provide open peril coverage on the unit owner’s building items, personal property, loss of unit rental and assessment coverage.

89
Q

Parts of a Personal Auto Policy

A

Part A: Liability Coverage
Part B: Medical Payments
Part C: Uninsured Motorist
Part D: Coverage for Damage to Your Auto
Part E: Duties After an Accident or Loss
Part F: General Provisions

90
Q

Personal Auto Policy Limits

A

Expressed at $X/$Y/$Z
X - $ of coverage for bodily injury per person
Y - $ of coverage per accident
Z - $ of coverage for property damage

91
Q

Personal Auto Policy Part A: Liability Coverage

A

Covered persons include you, any family member, any person using your car with your permission, any organization responsible for the conduct of someone driving your covered auto, any organization responsible for your conduct while driving a non-owned auto.
Coverage amounts are limited as follows:
- Bodily damage per person
- Bodily damage per occurrence
- Property damage per occurrence
Split limits: 50/100/25
Stated in thousands of dollars
State law minimum limits (on bodily damage and property coverage) automatically increase when driving from state to state.
Insurance on the auto is primary insurance to recover any loss. Driver’s insurance is secondary.

92
Q

Personal Auto Policy Part B: Medical Payments

A

Covered persons include you or any family member while occupying the auto, you or any family member as a pedestrian struck by an auto, any other person while occupying your covered auto.
Coverage amounts are limited as follows:
- Per person, per occurrence basis
Exclusions: public livery, racing and an auto used without permission.

93
Q

Personal Auto Policy Part C: Uninsured Motorist

A

Pay what an “under-insured” or uninsured driver should have paid.
Under-insured or uninsured must have been at fault.
Covered persons include you or any family member while occupying the auto, any other person while occupying your covered auto, any person who might have been entitled to damages, you or your family member as a pedestrian.
Exclusions: public livery, regular use of a non-owned vehicle, auto used without permission, and auto used in insured’s business.

94
Q

Personal Auto Policy Part D: Coverage for Damage to Your Auto

A

Provides direct damage coverage on your covered auto and any non-owned auto (rental or borrowed car).
Collision: protects against an accident involving another car, running off the road, into a lake, tree or wall.
Comprehensive or other than collision: covers falling objects, fire, theft, explosion, earthquake, windstorm, hail, water, flood, mischief, vandalism, riot, contact with a bird or animal and breakage of glass.
Insurance company has the option of paying for repairs or actual cash value of auto.
Exclusions: public livery, radar detectors, most electronic equipment, nuclear damages, auto used without permission, and auto used in insured’s business.

95
Q

Personal Auto Policy Part E: Duties After and Accident or Loss

A

Notify the insurer.
File proof of the loss.
Cooperate with the insurer during the investigation.
The insured must file a police report if there is a theft or accident with an uninsured motorist.

96
Q

Personal Auto Policy Part F: General Provisions

A

Only provides coverage in the US, Puerto Rico, and Canada.
A personal auto policy is not effective in Mexico.
An insured must notify their insurer about a new car purchase within 30 days of purchase.

97
Q

Assumption of Risk

A

A person cannot sue a ski resort if injured while skiing because the skier assumed the risk associated with skiing.

98
Q

Negligence on the part of the injured party

A

The negligent act of the injured party caused the injury.

99
Q

Contributory negligence

A

A person’s negligent actions contributed to the loss.
This is a very severe defense and the injured party cannot recover.

100
Q

Comparative negligence

A

A person’s negligent actions contributed to the loss but they can recover a portion of the loss from the other negligent party.

101
Q

Last clear chance rule

A

The plaintiff can collect even if there was contributory negligence on the plaintiff’s part if the plaintiff can prove the defendant had a last clear chance to avoid the accident.

102
Q

PLUP (Personal Liability Umbrella Policy)

A

Provides protection against legal obligations that arise from negligent acts.
Pays the cost, up to the face of the policy, that result in liability.
Usually provides defense for the insured in the event of a lawsuit.
Requires higher liability limits on underlying auto and homeowner policies.
Does not pay until the liability limits on the underlying policies are exhausted.
Coverage is for liability of the insured, the family members, or both.
Coverage includes exposure at the premises of the residence or away from the residence.
Provides coverage for the insured’s legal obligation because of bodily injury or property damage.
*Coverage should be for $1 million at minimum, otherwise it is considered a deficiency in the plan.

103
Q

PLUP Exclusions

A

Coverage for bodily injury or property damage if the act that created that injury or damage was intentional.
Liability that is a result of a business owned or conducted by the insured.
Liability that arises from rental operation conducted by the insured.
Liability that occurs on an uninsured location that is owned by the insured.

104
Q

Errors and Omissions Insurance

A

Covers negligent acts, errors, and omissions.
Many professionals carry E&O, such as: accountants, lawyers, engineers, financial planners.

105
Q

Malpractice Insurance

A

Provides coverage where bodily injury may occur, such as doctors.

106
Q

Eligible persons for survivorship benefits under social security

A

Children under 18 are always covered as are caretakers of children under 16.
Spouse age 60 or older if worker is fully insured.
Dependent parents age 62 or older if worker is fully insured.

107
Q

Social Security Disability Benefits

A

Long-term benefit if the worker is unable to do any work for which they are suited.
5 month waiting period (benefits start month 6).
Disability payments stop at retirement age when the worker starts receiving retirement benefits.
Not eligible if the worker earns $1,470 or more per month.
Maximum benefit up to 80% of the worker’s average earnings.
Benefits also available to children under age 18 or disabled.

108
Q

Social security credits required for disability

A

6 credits in 3 previous years if disabled before age 24.
2 credits per year between age 21 and year of disability if disabled between ages 24-30.
20-40 credits depending on age if disabled after 30. 20 of these credits must be earned in the 10 years prior to disability.

109
Q

Social Security Benefit Eligibility

A
110
Q

Health Maintenance Organizations (HMOs)

A

Delivers comprehensive health care in return for a periodic payment (premium).
Care is managed by a PCP who determines what care is received.
Primary disadvantage is that there is no coverage “outside” of the HMO.
Three models:
- Staff model
- Group model
- Individual practice association

111
Q

Staff Model (HMO)

A

A corporation, and medical staff members are employees of the HMO.

112
Q

Group Model (HMO)

A

Sometimes known as the network model where the HMO contracts with groups of medical providers to care for insured plan subscribers.

113
Q

Individual Practice Association (HMO)

A

Made up of physicians who have their own office locations, but contract out to the HMO on a fee-for-service basis.

114
Q

Preferred Provider Organizations (PPOs)

A

Network of healthcare providers with whom an employer or insurance company contracts.
Provider offers a discount on services.
Insured receives a high rate of reimbursement when using providers within the organization.
Insured can seek care elsewhere but will suffer a penalty in the form of increased deductibles and coinsurance.

115
Q

Health Savings Account (HSAs)

A

Provide employees and individuals seeking health care a tax deduction for amounts contributed to their accounts as well as use of the money and earnings tax-free for qualifying medical expenses.
Employer, employee, or both can make contributions.
Must have medical insurance under a high deductible health plan in order to qualify.
$1,000 catch-up contribution if 55 and older.
Non-qualified distributions are subject to income tax and a 20% penalty if taken before 65. After 65, only income tax will apply.

116
Q

Flexible Spending Account (FSA)

A

Commonly used by employers as an employee benefit that permits employees to defer income to be used to pay for health care expenses with pre-tax dollars.
“Use it or lose it” - require the employee to either use the contributed amounts for medical expenses by 2.5 months after year end or forfeit the unused amount to the company.
Deferrals are limited.

117
Q

Taxation of Insurance Products

A
118
Q

Reduced Social Security Benefit for Early Retirement

A

Benefits reduced by 5/9 or 1% for each month, for the first three years that a worker retires early.
Benefits are then reduced by 5/12 of 1% for each month beyond three years.

119
Q

Increase in Social Security Benefits

A

A retiree’s benefit may increase by 8% (simple interest) each year the retiree delays their benefit.

120
Q

Reduction of Social Security Benefits

A

Early retirement: benefit is reduced $1 for every $2 above the earnings threshold for persons below full retirement age. Threshold is $24,240.
Full retirement age: in the year you reach full retirement, the benefit is reduced $1 for every $3 above the earnings threshold. Threshold is $56,520.
Earnings based reductions end at full retirement age.

121
Q

Taxation of Social Security Benefits

A

Up to 85% of benefit may be taxed.
Thresholds are based on combined income which includes:
- AGI
- Nontaxable interest
- Foreign earned income
- 1/2 of retirement benefit
Below first hurdle - 0 tax