Study 1 Flashcards

1
Q

Define Property Insurance

A

First-Party insurance that indemnifies the owner or user of property for its loss, or the loss of its income producing ability when the loss or damage is caused by a covered peril, such as fire or explosion

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2
Q

Insurable Interest

A

An interest that the insured must have in the subject matter of the insurance purchased so that if the event insured against occurs, the insured will suffer an economic loss

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3
Q

Indemnity

A

A contract, expressed or implied to repay in the event of a loss. The insured neither gains nor loses

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4
Q

Contract

A

An agreement or promise between two or more parties that is intended to be legally enforceable and is constituted by the acceptance by one party of an offer made by another party, to do or to abstain from doing a specific act. The offer and acceptance may either be expressed or be inferred through the conduct of the parties

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5
Q

Contract (Quebec)

A

An agreement of wills by which one or several persons obligate themselves to one or several other persons to perform a prestation (that is, a duty, a payment, or a service).

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6
Q

Uberrimae Fidei

A

Of the utmost good faith. The basis of all insurance and reinsurance contracts. Both parties to the contract are bound to exercise good faith and do so by a full disclosure of all information material to the proposed contract

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7
Q

Peril

A

The event that caused a loss covered by the policy, for example, fire, windstorm

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8
Q

Deductible

A

An agreed specified amount that the insured must pay on a claim before the insurance company will cover the rest of the claim. This amount is agreed upon by both the insurer and the insured

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9
Q

Fire Insurance

A

Coverage for losses from fire, lighting, and limited explosion and also the resultant damage caused by smoke and water. Usually supplemented by extended coverage insurance

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10
Q

Exclusion

A

Risks, perils, or properties defined in the policy as not covered

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11
Q

Flashpoint

A

The lowest temperature at which a liquid gives off sufficient vapors to form an ignitable mixture with the air

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12
Q

Statutory Conditions

A

Special prescribed and standardized conditions that the provincial and territorial insurance acts require to be included in insurance policies

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13
Q

Extended coverage insurance

A

An endorsement that enlarges the coverage afforded by the primary policy. Coverages such as Windstorm, Hail, Smoke and riot are extended coverages on a Fire Policy

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14
Q

Mortgage clause

A

A clause in an insurance policy that stipulates the rights and obligations of the insurer and the mortgagee

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15
Q

First party insurance

A

Protects the named insured and others with an insurable interest in or mortgage on the property or who entrust their property to the insured, against loss or damage to the insured property

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16
Q

Third-Party Insurance

A

Liability insurance is purchased by the insured (the first party) from an insurer (the second party) to compensate or indemnify another (the third party) for damage or loss for which the insured is lawfully liable

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17
Q

Direct Loss

A

Damage to property by direct action of a peril insured against, as distinguished from contingent or indirect damage

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18
Q

Plain language Policy

A

Policies written in everyday language so that they are easily understood. Technical terms with their technical meanings are used only where required by law or when substitutions would be misleading

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19
Q

Warranty

A

Statement or stipulation or promise in an insurance contract, the breach of which may nullify the contract

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20
Q

Proximate cause

A

A cause that, in a natural and continuous sequence unbroken by any new and independent cause, produces an event and without which the event would not have happened

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21
Q

Concurrent Causation

A

A doctrine that holds that if a loss to property is attributable to more than one cause, any one of which is covered by the insurance policy, the loss is payable under the policy

22
Q

Actual Cash Value

A

The fair market value of property, taking into account factors that might augment or reduce the value of the property in question. Actual Cash value ACV) is usually calculated in one of three ways,
1. Cost to repair or replace less depreciation
2. Fair market value
3. Consideration of all relevant evidence of the value of the damaged property

23
Q

Replacement Insurance

A

Insurance coverage that indemnifies for loss or damage to insured property at the current market price rather than a depreciated value. Thus, the rating and premium are based on the current cost to replace the insured property

24
Q

What is the Consideration paid by insureds or policyholders?

A

Premium!

25
Q

Who else does a property policy protect?

A

The Lenders - like banks, private lender, credit unions

26
Q

What percent did Property Insurance account for in 2022 direct written premiums through 3 quarters

A

38.5%

27
Q

Is insurance tangible? What is it based on

A

Intangible, based on exchange of promises

28
Q

Fortuitous Meaning in context of insruance

A

A Chance Event - loss must be Fortuitous as far as the insured is concerned

29
Q

The two types of Property Insurance

A

Personal Lines, Commercial Lines

30
Q

Former name for Equipment Breakdown Insurance

A

Boiler and Machinery Insurance

31
Q

What is Aviation Insurance

A

Coverage for airplane itself, and buildings equip, and material relating to airport operations

32
Q

Builders Risk covers

A

Physical loss or damage to property while it is in the course of construction

33
Q

Under basic Fire policy, if lighting hits, what is important to know?

A

No coverage for damage to electrical devices or appliances caused by lightning or other electrical current unless fire originates outside the object

34
Q

The Two groups of exclusions in the basic fire policy

A

Exclusions for legislative considerations
Exclusions for Underwriting and rating considerations

35
Q

examples of “Legislative Considerations”

A

Elec devices exclusion
application of heat exclusion.
War risks exclusion.
Nuclear incident exclusion
Riot exclusion

36
Q

examples of Underwriting and rating considerations

A

Excluded property (money, watercraft etc)
Alterations and Additions Exclusion
Vacancy exclusion
Volatile Substances Exclusion
Bylaws exclusion

37
Q

Do the statutory conditions govern more than the Fire Insurance?

A

Not necessarily!! However insurers often extend the stat conditions to the other perils

38
Q

What’s wacky about Quebec and Stat Conditions?

A

The Civil code of Quebec does not require that its articles be inserted in the fire insurance contract. There is no equivalent in Quebec of the statutory conditions required in the common law provinces and territories

39
Q

The two extensions in basic fire policy

A
  1. Removal of Insured Property - moving to prevent further dmg
  2. Debris Removal - expense of the removal chosen by the insured
40
Q

Calculation of Debris Removal?

A

5% of the amount of insurance - does not increase the amount of insurance!

41
Q

Removal of Insured Property Characteristics

A
  • Applies for 7 days from the date that removal of the property begins or until the policy expires, whichever occurs first
  • coverage for property at temporary locations ends after seven days or when the policy expires (whichever happens first) unless agreed otherwise
42
Q

What is a Fire and Extended Coverage Policy

A

The Additional Perils combined with those covered under the basic fire policy

43
Q

What were the main perils in Additional Perils v2.0?

A

Falling Object
Glass Breakage
Water Damage

44
Q

What were the main perils in Additional Perils v3.0? AKA Multi-peril policies

A

Theft (casualty peril type)
Loss In Transit (Inland Marine type)

45
Q

A property policy must state ____ and ____ is covered

A

Who and What

46
Q

Type of loss Property Insurance is primarily concerned with

A

Direct Loss

47
Q

What is Indirect Loss?

A

It encompasses other loss suffered as a consequence of the damage to or destruction of the physical property

48
Q

Additional Living Expenses - type of loss?

A

Indirect Loss

49
Q

Business Interruption - type of loss?

A

Indirect Loss

50
Q

How do courts feel about enforcing warranties?

A

Generally favor the insured

51
Q

Does payment of a claim affect the insureds entitlement to receive a refund of premium if policy is cancelled before end of the term?

A

No, and policy limits are restored to the full amounts shown on dec page following the loss

52
Q

Age of dependant covered under property policy

A

21 and under