R.M. Ch. 10 Flashcards
Basic Parts of an Insurance Contract
- Declarations
- Definitions
- Insuring agreement
- Exclusions
- Conditions
Declarations
statements that provide information about the particular property or activity to be insured
Examples of Declarations
name of the insured, location of property, period of protection, amount of insurance, premium, deductible
Definitions
Provide guidance to insureds and courts about intended meaning of terms used in contract
Insuring agreement
summarizes the major promises of the insurer
The two basic forms of insurance agreement in property insurance are:
- Named perils policy
* “All-risks”/”open-perils” policy
Named perils policy
only those perils specifically named in the policy are covered
“All-risks”/”open-perils” policy
all losses are covered except those losses specifically excluded
Exclusions:
list of things not covered
o Excluded perils
o Excluded losses
o Excluded property
Reasons for exclusions
o Some perils are not commercially insurable
o Extraordinary hazards
o Coverage is provided by other contracts
o Moral hazard concerns
o Coverage not needed by typical insureds
Conditions
provisions the insured must follow in order to obtain coverage
Examples of Conditions
notification of loss, proof of loss, cooperation with insurer
Deductible
an amount subtracted from the total loss payment that otherwise would be payable
Purposes of deductibles
o Reduce premiums
o Eliminate small claims
o Reduce moral and morale hazard
Straight deductible
insured must pay a certain amount before the insurer makes a loss payment
Aggregate deductible
all losses that occur during a specified time period are accumulated to satisfy the deductible amount
o Calendar year deductible
Coinsurance clause
o Common in property insurance
o Encourages the insured to insure the property to a stated percentage of its insurable value
o Purpose: to promote equity in rating
o If the coinsurance requirement is not met at the time of the loss, the insured must share in the loss
Recovery formula
(Insurance carried)
/
(Coinsurance %) (Property value at time of loss)
x Loss-Dctble
Coinsurance Example
• Policy limit $200,000 • Deductible $0 • Coinsurance % 80% • Loss $80,000 • Property value at time of loss $500,000 • Recovery=[(200,000)/(.8*500,000)]x80,000 o = $40,000 • What if limit was $400,000?
Other-insurance provisions:
prevent profiting from multiple insurance coverage of the same loss (which would violate the principle of indemnity)
Pro rata
each insurer’s share of the loss is based on the proportion that its insurance bears to the total amount of insurance on the property (Property & Casualty)
Primary and excess:
the primary insurer pays first, and the excess insurer pays only after the policy limits under the primary policy are exhausted (Liability Insurance)
Example: Pro Rata Other Insurance Clause
• Assume a piece of property worth $500,000 is covered under 3 insurance policies
o Company A: $300,000 policy limit
o Company B: $100,000 policy limit
o Company C: $100,000 policy limit
• If a $100,000 covered loss occurs to the property, how much does each policy pay?
Example: Pro Rata Other Insurance Clause
Example: Primary and Excess Other Insurance Clause
- Assume you coverage under 2 liability policies
- Company A (primary): $100,000 limit
- Company B (excess): $75,000 limit
- If a covered loss of $150,000 occurs:
- Company A would pay $100,000
- Company B would pay $50,000