Test Flashcards
Commercial insurers
Private insurance companies
Sell for profit
Stock and mutual insurers
Multi-line insurer
Sell more than one line of insurance
Commercial insurers
Stock companies
Incorporated under state law
Make profit for stockholders
Nonparticipating insures:
Policy holders do not participate in receiving dividends or electing board members
Stock dividends paid to stockholders
Dividends are taxable Bc they’re profit
Mutual companies
Owned by their policyholders
Participating insurers:
Receive dividends and elect board members
Dividends are paid to policyholders
Not taxable- return of premium
Unless the dividends sit and collect interest… that is taxable
Mixed insurer
Both participating and nonparticipating
Dividends not guaranteed
Strong assessment mutual company
Classified by the way they charge premium
Pure assessment mutual company:
Loss-sharing: no premium payable in advance. Each member assessed an individual portion of losses that occur
Advance premium assessment mutual:
Premium charger- if too much then returned as dividends, if too little more paid up to a point
Fraternal benefit societies
Mutual
Nonprofit religious, ethnic or charitable organizations that provide insurance to its members
Can’t be just to obtain insurance
Risk retention groups
Mutual
Group of people in same profession or industry
Ex, pharmacists
Service providers
Offer benefits to subscribers in return for the payment of a premium
HMO and PPO
Reciprocal Insurers
Unincorporated groups of individual members that provide insurance for other member via indemnity contracts. Each member acts as the insurer and insured and managed by the Attorney in Fact
Reinsurers
Make arrangements with other insurance companies to transfer a portion of their risk to the re-insurer.
Transferring - Ceding company
Assuming - Reinsurer
Captive insurer
Insurer established and owned by the parent company to insure the parent company’s loss exposure.
Home service insurers
Industrial insurance
sold by home service or debt life insurance companies
Small face amounts, weekly paid premiums
Government insurance
Social insurance programs to protect against universal risks by redistributing income to help people who cannot afford the cost of incurring losses themselves
Social Security
Government insurance
OASDI - elderly, young child of dead parent, disability
Medicare
Government insurance
CARE for elderly
Medicaid
Government insurance
AID financially needy
SGLI and VGLI
Government insurance
Military life insurance
Tri-Care
Government insurance
Health insurance for members of military and their family
Self-Insurers
Retain risks and must have a large number of similar risks and enough money to pay claims.
Employer pays insurance benefits from a fund derived from the employer’s current revenues
Lloyd’s of London
Not a company
Members of an association form syndicates to underwrite and issue insurance
Group of investors who share in unusual risk
Distribution systems
Ways insurance is sold to public
Captive agents
Work for only one insurer
Independent agents
work for themselves or several insurers
Career Agency Systems
commercial insurers establish offices in certain locations and recruit career agents
Agents are captive - work for one
Personal Producing General Agency System
Agents work for an independent agency selling policies from several companies.
Work for the PPGA, not employees of an insurance company
Independent Agency system
American Agency System
Independent agents represent a number of insurance companies under separate contractual agreements
Managerial System
Branch offices are established in several locations.
Salaried branch manager with bonuses based on commission of sales
Mass Marketing
Direct selling:
agents not used ex. mail, tv, radio
Regulated by?
Regulated on a state-by-state basis
Minimum fed. oversight
1869 paul v virgina
Insurance transactions crossing state lines are NOT interstate commerce
1905 the armstrong investigation act
Gave the authority to the states to regulate insurance
1944 US v south-eastern underwriters association
Insurance transactions crossing state lines ARE interstate commerce and subject to fed. regulation
1945 the mccarran ferguson act
Fed. gov has the right the regulate the insurance industry, but it will not exercise that right if the insurance industry was regulated well at state levels
1970 fair credit reporting act
Insurance companies must notify applicants if a credit check will be made on them
1999 gramm-leach-bliley act
Financial services moderation act
Repealed glass-steagall act
allowed insurance companies to enter eachother’s line of business
2001 USA patriot act
detect and deter terrorsits and their funding by imposing anti-money laundering requirements
2003 national do not call registry
insurance calls are NOT exempt
2010 patient protection and affordable care act
PPACA
Affordable care act
One of the significant regulatory overhauls and expansion of coverage in US history
National Association of Insurance Commissioners
NAIC
Composed of insurance commissioners from all 50 states
Recommending appropriate laws
Responsible for the creation of the Advertising Code and Unfair Trade Practices Act and Medicare Supplement Insurance Minimal Standards Model Act
Advertising code
Code specifies certain words or phrases considered misleading and not to be used
Unfair trade practices act
Gives chief financial officer the power to investigate insurance companies and producers to impose penalties
Authority to seek a court injunction to restrain insurers from using methods believed to be unfair
NAIFA and NAHU
Members are life and health agents dedicated to supporting the industry and advancing the quality of service provided by insurance professionals
Cretaed a Code of Ethics
Ethics of selling 7
- Selling to needs
- Suitability of recommended
- Full disclosure
- Document everything
- Client services
- Give Buyer’s Guide
- Policy Summary
Reserves
Accounting measurement of an insurer’s future obligations to its policyholders.
Set aside by an insurance company and designated for payment of future claims
Liquidity
Insurers ability to make an unpredictable payout to policyowners
Guaranty Association
Established by all states to support insurers and protect consumers in case an insurer becomes insolvent or inability to pay claims up to a certain limit
Independent Rating Services
Credit rating agencies that rate or ‘grade’ the financial strength and stability of insurers based on claims, reserves and company profits
AM Best, Moody’s, Standard and Poor, Fitch Ratings
Hazard
condition or situation that creates or increases a chance of loss.
ex. icy roads
Loss
Unintentional decrease in the value of an asset due to a peril
Peril
Event which causes loss
Can be referred to as the accident itself
Risk
Potential for loss
Speculative Risk
Both the chance for loss or gain
Not insurable
Pure risk
only insurable risk
only potential for loss
Elements of insurable risk 6
- Due to chance
- Definite & Measurable
- Predictable
- Not catastrophic
- Loss exposure to insurer must be large
- Randomly selected
Law of large numbers
Larger amount of exposures that are combined into a group: more certainty there is to the amount of loss incurred in any given period
prediction of losses based on past experiences
increased accuracy in prediction
Loss exposure
any situation that presents the possibility of a loss
Homogeneous exposure units
similar objects of insurance that are exposed to the same group of perils
Adverse selection
Tendency for poorer than average risks to seek out insurance
Avoidance of risk
avoid the risk all together
Reduction of risk
minimizing severity of a potential loss
Retention of risk
self insure
accepting a risk and confronting it if it occurs
Transfer of risk
Make someone else responsible for a loss
Risk pooling
When a large group of people spread a risk for a small certain cost
ex. doctors pooling money for malpractice exposure
Reinsurance
A contractual arrangement that transfers exposure from one insurer to another insurer
Principle of Indemnity
Restoring the insured to the same condition as before the loss
Human life value approach
Method of determining the financial value of a person’s life based on computing the current value of a person’s future earnings
Needs based value approach
Method of determining the financial value of a person’s life based on the amount of money needed for current and future expenses
Insurance policies are…
legal contracts where a promise of benefits is exchanged for valuable consideration (premiums)
life insurance
insurance company agrees to pay a predetermined amount - face amount in exchange for the insured’s consideration (premium)
Health insurance
insurance company agrees to pay a percentage of the insured’s medical bills in exchange for the insured’s consideration (premium)
Consideration
Something of value that each interested party gives to each other
insured - premium
insurer - promise to pay
Legal purpose
insurable interest - cannot contain an illegal purpose
offer and acceptance
Offer: applicant submits application and initial premium
Offer accepted after approved by company’s underwriter
Competent parties
Must be of legal competence: legal age, mentally capable of understanding terms, not influenced by drugs or alcohol
Contract of adhesion
There is only one author (insurer)
If there is an ambiguity the courts always favor the insured
Aleatory contract
Unequal exchange
outcomes depend on certain events/chance
a legal bet
Unilateral contract
one sided agreement - only insurer is legally bound to do anything
personal contract
contracts between the insurance company and the individual
Health - cannot transfer without insurer okayed
life - can transfer
Conditional contract
certain conditions must be met by all parties in the contract
Valued contracts
pays a stated amount
ex. life insurance
Indemnity contracts
only reimburse the actual cost of the loss
ex. health insurance
Principle of Indemnity
Restore the insured to the same financial condition as what existed prior to the loss
Utmost good faith
No attempt to misrepresent, conceal or commit fraud
Full, honest disclosures
Warranties
Statements made by the applicant believed to be true are not part of the contract and need to be true only to the extent that they are material and related to risk
Concealment
withholding info or facts by the applicant
Insurable interest
Requires individual to have a valid concern for the continuation of the life/well-being of the person insured
Only needs to exist at the time of the application
Reasonable epectations
a concept which states that the insured is entitled to coverage under a policy that a sensible and prudent person would expect it to provide
stranger-oriented life insurance
A third party will purchase the consumers policy and receive proceeds as a profit upon death.
Typically illegal bc no insurable interest
Agent authority
Relationship in which one person is authorized to represent and act for another person or company is established through the law of agency.
Authorized agent
person who acts for another person and has the power to bind principal to contracts
Agents authority granted by insurer
Types of authority
- Express
- Implied
- Apparent
Fiduciary responsibility
Agent handles money - has a fiduciary responsibility
Someone in a position of trust and confidence
Fraud
Intentional misrepresentation or concealment of material fact
Waiver
Voluntarily giving up a known right.
Estoppel
Legal process of preventing one party from reclaiming a right that was waived
Parol evidence rule
Rule that prevents parties from changing the meaning of a written contract by introduction oral or written evidence made prior to the formation of the contract, but not part of it
Subrogation
right for an insurer to pursue a third party that caused an insurance loss to the insured
void contract
agreement that does not have legal effect and, thus, in not a contract
Voidable contract
valid contract which can be voided at the request of a party with the right to reject
Cancellation
voluntary act of terminating an insurance contract
Endorsement
Written form attached to an insurance policy that alters the policy’s coverage, terms or conditions
Brokers
Represents a number of insurance companies under separate contractual agreements
professional liability insurance
errors and omissions
professional liability for which producers can be sued for mistakes of putting a policy into effect.
Insurer agrees to pay sums that the agent legally is obligated to pay for injuries resulting from professional services that he rendered or failed to render
Health insurance
broad field of insurance plans that provide protection against the financial consequences of illness, accidents, injury and disability
Medical expense insurance
Reimbursing the insured in part or full
Reimbursement plans
Disability income insurance
Provide replacement income when wages are lost due to a disability
Accidental death and dismemberment insurance
Provides the insured with a lump-sum benefit amount in the event of accidental death or dismemberment
Interim Coverage
short-term policies that an be purchased on an interim basis when in between jobs or waiting for a new policy to start
How are health insurance policies paid for
year to year
premium calculated based on interest, expenses, types of benefits and morbidity
Not fixed
Business Continuation plans
Continue the operation of a business in the event of a disabling sickness or injury to a business owner or key employee
Day to day activities of business, not compensation for the owner
Employee benefit plans
help an employee in the event of a disabling sickness or injury
Disability buy-sell plans
aka Disability buy-outs
Assist in the sale of a business if the owner is disabled
Sets plan for selling and buying the share of the business
Funded with disability income policy - lump-sum
Benefits are tax-free bc premiums paid are not tax deductible
Key person disability insurance
monthly benefit to a business to cover expenses for additional help when a key person is disabled
Business is the owner and premium payer of the policy
Benefits are tax free
Group health insurance
Contract between the insurance company and the group (employer)
Provided through group master contracts
Employer responsible for premium payouts
higher benefit max. and lower deductibles
Probationary period
Period of time during which a new employee is ineligible for group health insurance coverage
Enrollment period
Limited period during which all members may sign up for a group plan
Coordination of Benefits
group health
Provision found in group health plans to avoid duplication of benefit payments and over insurance when an individual is covered under more than one group
Limits amount of claims to total allowable medical expenses
Establishes primary carrier
Overutilization
Occurs when health benefits are too high
is insuring under group or individual cheaper
group
Based on size of group, claims experience, ages and previous insurers
Noncontributory
Most require 100% participation by eligible members and employee does not contribute to paying bill
Contributory
Employee does contribute in paying bill
Shared funding arragement
Allows the employer to self-fund health care expenses up to a certain limit
Minimum premium arrangement
Allows employer to self-insure the normal and expected claims up to a given amount and the insurer funds only the excess amounts
Retrospective premium arrangement
Insurer agrees to collect a provisional premium but may collect additional premium or make refund at the end of the year based on the actual incurred losses
Self-funding arrangement
Large employers may elect to fully self-fund, but contract for administrative services only
Underwriting group insurance
Insurer evaluates the group as a whole rather than individuals within the group
Objective: avoid adverse selection
Based on group’s risk profile: accepted or rejected
July 1, 1997 - HIPPA
Limited ability of employer-sponsored groups and insurers to exclude individuals on the basis of preexisting conditions
Preexisting conditions limiting
limit conditions to those which medical advice was recommended or received within 6 months period ending on enrollment date and exclusions can extend for no more than 12 months
How many days must an employee enrolling in group insurance NOT have without health insurance for a preexisting condition
63 days
Creditable coverage
prior group health insurance that reduces the maximum preexisting condition exclusion period that a new group health plan can apply to that individual
HIPAA portability rules
Allow individuals who change from one group plan to another to eliminate any preexisting conditions excluded under the new plan
Allows an individual to be eligible for coverage upon hire when leaving one group plan to go to another with a different employer
Conversion Privilege
Allows insured to convert their group certificate to an individual medical expense policy with the same insurer
Insurer can charge an appropriate rate
Individual cannot be denied
Conversion must occur in 30-31 days
Individually identifiable health information
A person’s health claim information
How often must a Notice of information practices be given to a policyholder
every 3 years
What is HIPPA excluded for
workers compensation and disability income plans
According to HIPPA, do groups with 20 or more employees have to allow former employees to continue benefits under the employer’s group health insurance
yes
What percent of excise tax for early withdrawal from IRAs will not apply to the extent a withdrawal is used for medical expenses that exceed 7.5% of the individual’s adjusted gross income
10%
COBRA
Federal law that guarantees a continuation of their group coverage if their employment is terminated for reasons other than gross misconducts
COBRA requirememnts
- laid off, not hired
- 20 or more employees & continue coverage for terminated workers for 18 months
Terminated employee may be required to pay up to 102% of premium
According to COBRA, 36 months of health coverage must be given for these circumstances (4)
- employee dies - goes to children
- Dependent children no longer qualify as ‘dependent children’ under a new plan
- employee eligible for Medicare
- Separates or divorces f
Pregnancy Discrimination Act
Act of 1978 amended the Civil Rights Act of 1964 to prohibit sex discrimination based on pregnancy
Treated as any other diability
Requires group plans covering 15 or more people to treat pregnancy related claims no differenty than any other allowable medical expense
Three standard forms of basic medical expense insurance
hospital, surgical, and physician’s expenses
Group basic medical expense plan can combine two or more types or only consist of one type
Group Major Medical Plans
Single, extensive plan
Participants usually required to satisfy an initial deductible with comprehensive plans
Benefits usually more extensive than individual plans
Dental care
Normal dental maintenance, oral surgery, root canal therapy, and orthodontia
Coverage may be on a ‘reasonable and customary charge’ basis or dollar-per-service schedule approach
deductible and coinsurance features are typical as are maximum yearly benefits
Vision care
Coverage usually pays for reasonable and customary charges incurred during eye exams by ophthalmologists and optometrists
Commonly exclude Lasik
Cafeteria Plans
Allows conversion of salary into non-taxable benefits
Pick and choose from benefits before taxes are deducted
Employees can contribute if benefits exceed allowance
What groups are exempt from ERISA regulations
Church
Group disability income plans
Specify benefits in terms of % of earnings
Most require a minimum period of service before being eligible for coverage
Short-term disability plans are characterized by max. benefit periods of rather short durations
Long-term disability plans provide for max. benefit periods of no more than 2 years
Group AD&D
Frequently offered in conjunction with group life insurance plans
Normally does not include a conversion privilege
Blanket health plans
Cover a group who may be exposed to the same risks, but the composition of the group are constantly changing
Franchise health plans
Coverage to members of an association of professional society
Individual policies are issued to individual members and the association or society simply serve as the sponser for the plan
Premium rates are usually discounted for franchise plans
Credit Accident and health plans
Designed to help the insured pay off a loan in the event they are disabled
Monthly benefit payments equal to the monthly loan payments due
Health Savings Accounts
tax-favored vehicle for accumulating funds to cover medical expenses
Under 65 are eligible
Annual contributions of up to 100% of an individual’s health plan deductible
55-65 year olds can make an additional catch-up contribution
Grow tax-free
Qualified health care expenses include amounts paid for 7
- doctor’s fees
- meds
- hospital services not paid for by insurance
- retiree health insurance premiums
- Medicare expenses
- Qulified long-term care services
- COBRA coverage
Non-occupational health plans
Policy that does not cover injuries sustained while at work because those injuries are covered by workers compensation
Can employers take tax deductions for premium contributions they make to a group plan?
yes
as long as they represent ‘ordinary and necessary business expense’
Are individual premium contributions tax-deductible?
Generally, no
Are benefits an individual receives under a medical expense plan considered taxable income?
No, because they provided to cover losses the individual incurred