Short Answer questions Flashcards
List the five elements which constitute a legally valid contract and briefly write some notes on each item you have listed
Consensus – The parties involved must communicate with each other and a contract will
come into existence as a result of an offer being made by one side and its acceptance by the
other.
Capacity - Certain people do not have full
legal contractual liability because they might not understand the contract they are
entering. These are people under 21 (minors), mentally ill, bankrupt, and therefore insolvent.
Physical and Legal Possibility – The obligation in the contract must be physically possible
to be completed. The item involved in the contract must exist at the time of the
contract being agreed.
Reasonable Cause – The parties to the contract must intend at the outset to come to an
agreement over the contract. When entering an agreement they must intend for a
proper legal situation to come about as a result of the contract.
Formalities – In insurance, the contract is the initial agreement between the insurer,
which can be in writing, a proposal form, or verbal. The policy is the EVIDENCE of the
contract.
Briefly explain utmost good faith.
insurance contracts are based on utmost good faith, which means that the parties to these contracts-insured and insurer-must tell each other everything that could influence their decision as to whether to enter the contract or not, if all the facts are not revealed then the contract is not in force
List four examples of material facts
A fact that in the opinion of a reasonable man could influence the reasonable insurer in
deciding whether or not to accept the risk and decide on the premium to be charged.
-The construction of the building and the business that is carried on inside.
-The types of stock and the security measures in operation
-The age and experience of the most frequent user of the car who sometimes is not insured.
-In all insurance, it is essential that details of all previous losses whether or not they were insured
against at the time are disclosed to the insurer.
List four activities when a claim has been submitted by a claimant to your company
- Check on the currency of the insurance, license details, age of the driver and details of the accident.
- If there were independent witnesses they should be asked for a statement while the
accident is fresh in their minds. - the insured car, how much damage has been done and should an assessor see it? Is the damage so extensive that the vehicle is beyond economic repair and it will be treated as a loss or “Write off”
List the four basic methods of claim settlement
a)Cash – With liability claims it is the only practical procedure if payments are to be made to the policyholder in reimbursement of outlays to third parties.
b) Replacement – it is sometimes possible for the insurer to replace an article rather than
pay cash. When speed is important, such as for glass claims, this is the usual method of
settlement.
c) Repair – an adequate repair is indemnity. This is common in motor insurance, where the
insurer settles the repair bill directly with the garage concerned.
d)Reinstatement – This is a term usually found in fire insurance and refers to the
rebuilding of premises to the same condition that it was in before the damage (not
always on the same site).
What is the difference between negotiation and litigation with respect to claim disputes?
Negotiation – A dispute can be settled by discussion between the people concerned,
resulting in one point of view prevailing and an amicable compromise being reached.
WHILE
Litigation - If the dispute cannot be resolved by negotiation court proceedings may be
necessary. This is regarded by insurers as a last resort used only when a substantial sum
of money is involved or when an important point of principal is a stake
List 5 advantages of the insurance industry to the economy
Any nation which neglects to provide for capital information will find itself susceptible to shortages, inflation, unemployment and a declining standard of living. The insurance industry´s role in putting funds into long-term investments has a major impact on the economy and is not only income-creating but also capacity-creating. This means economic
growth with the accompanying capacity of the country to offer employment and a rising
standard of living to its people
Describe the types of policy covered under marine insurance
Time of Policy- This is for a fixed period of up to 12 months.
Voyage Policy -Operative for the period of the voyage, which for cargo is from warehouse to warehouse and may include that part of the journey, which is by road or rail.
Mixed Policy-Covers the subject matter for the time of the voyage and a period of time while in port.
Building Risk - Covers the construction of sea-going vessels.
Open Cover - This is the usual form of policy for insuring cargo. Its purpose is to establish an automatic facility for an insured´s future needs
List 5 items covered under marine insurance
loss or damages of goods on terminals, cargos, and ships on water or land during transit
List the policy sections under an Asset ALL RISK POLICY
The policy is designed to cover businesses with insurable assets in excess of $5
million. The policy sections are:
* Fire and Perils
* Theft
* Money
* Goods in Transit
* Glass
* Business All Risks
* Business Interruptions
* Accounts Receivable
* Claim Preparation Costs
* Any other Loss
List the three basic items covered under a “Standard Fire Policy”
Fire; Lightning & Explosion
Define what you understand by business interruption
It the past this type of insurance has been known as “Loss Profit” and “Consequential Loss” but
the term in general use now is Business Interruption because the purpose is to indemnify the insured for loss of turnover and continuing costs as a result of an interruption to the business following the damage by an insured peril.
Describe five policy benefits payable under the period of interruption
- Wages for employees the insured needs to keep.
- Rent or bond repayments while the building is being reinstated.
- Interest payments on money borrowed before the damage, which must be
repaid to the lender whether or not the business is running - Rent on temporary premises that are leased while the building work is done
- The business is not making money and this policy will pay for the loss in net
profit.
List five advantages of reinsurance
Sharing of risks
Cover for risks that would have otherwise not been insured due to its level
Explain Claims Made Basis with the use of examples
‘Claims made’ basis is for a claim made and reported during the period your insurance policy is live/active.