Terms Flashcards

1
Q

The voluntary relinquishment of a known right

A

Waiver

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2
Q

The involuntary relinquishment. If the agent says it’s covered it’s covered

A

Estoppel

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3
Q

A written condition in the policy that must be true at the time of the loss

A

Warranties

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4
Q

Insured or prospect deliberately withholds material information from the insurer; this voids coverage

A

Concealment

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5
Q

Insured or prospect giving incorrect material information to the insurer; this voids coverage

A

Material misrepresentation

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6
Q

The principle to restore the insured to the pre-loss economic or financial condition

A

Indemnity

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7
Q

The maximum amount that can be paid for covered loss

A

Limit of liability

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8
Q

Proof that someone stands to lose financially if a loss occurs; must exist at the time of the loss in property and casualty insurance

A

Insurance interest

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9
Q

Attitude or carelessness or indifference to loss

A

Morale hazard

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10
Q

Declarations

A
Premium
Limits of liability 
Deductible
Lien holder policy 
Named insured 
Property description
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11
Q

Conditions

A
Territory 
Insureds duties 
Subrogation rights
Pro data liability clause  
Assignment 
Insurers duties
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12
Q

Exclusions

A

Property no covered

Perils not covered

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13
Q

Nothing the insured does, not even dishonestly, can prevent_____ from collecting under the policy

A

Mortgagee

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14
Q

Blanket

A

If an apartment complex with multiple building is written with a single amount of insurance, it is said to be written on a blanket form

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15
Q

Liability

A

Is the legal obligation to pay for damages caused to another

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16
Q

If the insurer does not abide by the terms and spirit of the policy, the court My consider this to be a breach on contract and award monetary damages to the insured.

Involves duties owed to the other parties

A

Bad faith

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17
Q

Conditional contract

A

Thee contract may be voided if app policy conditions are not met

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18
Q

Contract of adhesion

A

This is a contract degree by the insurer in which all parties must agree

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19
Q

Aleatory

A

This is the contract in which the values exchanged are not equal

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20
Q

Misrepresentation

A

Does not affect coverage of providing incorrect information

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21
Q

Deductibles

A

Amount of loss the insured agrees to assume before the policy limits are paid

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22
Q

Subrogation

A

The rights of the insurer, who hA settled the insureds loss,to recover from an at fault third party

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23
Q

Cancelation clause

A

Pro rata refund provided if cancelled by the insurer

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24
Q

Pro rata liability clause

A

This is used when one or more insurance policies provides coverage on the same property

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25
Primary policy
When multiple policies cover the loss
26
Excess policy
When multiple policies cover the loss, the excess policy is used to pay after the primary coverage has been exhausted
27
Suing
Must be started within 2 years and one day
28
The principle that states that an insured should be restored after a loss to approximately the same financial position as before the loss is known as?
Indemnity
29
An insurance policy is prepared by the insurance company, with little or no input from the insured. This means that an insurance policy is?
An adhesion contract
30
In liability policies, supplementary payments are
Payable in addition to the policy limit of liability
31
All of the following are common supplementary payments provides by liability insurance policies EXCEPT
Defense cost subject to 10% of the applicable policy limit
32
Standard fire policy
``` Fire Lightening Removal Civil commotion Riot Explosion Hail Windstorm ```
33
Standard fire policy
Does not cover vandalism more than 30 consecutive days
34
Covered building is vacant
60 consecutive days
35
The blank can not abandon partially damaged property to the insurance company and demand payment for total loss
Insured
36
Coinsurance formula
Insurance carried/ insurance required *loss
37
Property damage
Damage caused by the loss of property including loss of use owed by someone other than the insured
38
Personal injury
Damages caused by libel slander invasion of privacy and other torts
39
Actual loss
An actual injury or property damage must occur
40
Proximate cause
Drunk driver runs a sign and injured pedestrian
41
Liability coverage | Aggregate limit 100/300
100,000 occurrence and 300,000 per policy period
42
How will claimant be handled if a dwelling is insured to at least 80 percent of its value?
Replacement cost
43
Which of the following statements about the standard mortgage clause is correct?
Nothing the insured does can prevent the mortgagee from collecting
44
All of the following accurately describe comparative negligence EXCEPT?
Both parties contribute equally to the loss
45
Which is a liability loss?
A fire that was caused by the insured negligence burns a neighboring building. The owner sued the insured
46
Denial coverage
When the claims investigation reveals that the insurer is not a liable party
47
Total
Cost to repair is greater than the value of the property pre loss value
48
Valued policy
Pays the face amount of the policy in the Event of a total loss
49
Replacement cost
Provides a settlement to the insured to replace property with property of like kind and quality
50
Release
A contractual agreement stating that after the claimant has been paid for a loss, he cannot collect addition damages arising from the loss
51
Arbitration involves
Involves coverage issues
52
Subrogation
Which of the following legal principles allows insurance companies to collect from a negligent third party damage
53
Surety
Pays the losses under a bond contract
54
Which of the following losses would be paid under the business auto coverage forms comprehensive coverage
A covered auto is stolen and never recovered
55
Which one of the following covered a carried for liability for loss to cargo while it being transported In a truck
Motor truck cargo policy
56
Trailer interchange coverage is a part of
The Tucker’s coverage form and motor carrier coverage form
57
The business owners policy
Provides a prepackaged policy of property and liability coverage for certain types of small businesses
58
The owner of an auto dealership wants coverage for her liability for damage to vehicles left in the dealership service department
Garage keepers coverage
59
The insured lefty’s bar wants coverage for liability arising out of selling and serving alcoholic beverages.
A liquor liability coverage form
60
Under the CGL coverage form liability assumed under contract is
Excluded except for contracts specifically defined as insured
61
The aggregate limit of the commercial general liability policy is the most the insurer will pay per?
Policy period regardless of the number of claimed filed
62
Business auto policy
Provides protection for risk exposure arising out of the use of an automobile for commercial or business use
63
The cause of loss special dorm of the commercial property coverage part insured against
All risk of direct physical loss unless specifically excluded
64
Business wants property insurance for a new warehouse it is building. Business wants the policy limit of insurance to gradually increase as the value of the building under construction increases
Builders risk reporting form
65
Under the commercial property coverage part, the cause of loss briar form insured against
The perils in the cause of loss and basic form and additional perils
66
The primary purpose of the business income coverage form is to reimburse the insurer for
Loss of income resulting from property damage at the insurers property
67
Which of the following is a coverage extensions that’s is available in the building and personal property coverage form
Property off premises
68
Truckers cargo form
This insured the liability of the carrier for damage or transported property of others
69
Commercial package policy CPP
Any business is eligible for it. Combines two or more separate coverages into one insuring contract
70
Extra expense
Any expenses incurred to minimize the suspension of business and continue operations
71
What endorsement is used to provide open perils coverage on a specific expensive piece of personal property
Scheduled personal property
72
Special limits per occurrences
``` Money $200 Watercraft etc $1500 Theft of jewelry furs $1500 Theft guns $2500 Property $500 Business property $2500 ```
73
Under Texas personal injury protect (pip) coverage the injured first party to an auto accident
Reimbursed by his own insurance company