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127 Cards in this Set

  • Front
  • Back
Causes of a loss
Peril
Sometimes referred to as reimbursement, It's purpose is to reimburse but not make an insured a profit from loss
Indemnity
Insurer's legal right to seek damages from 3rd parties after loss was already paid
Subrogation
Failure to use the care that a reasonable person would have taken under same circumstance
Negligence
Crime of forced entry with visible signs of forced entry/exit from premises
Burglary
Taking of property from the care/custody of a person by threat of bodily harm
Robbery
List of perils covered which excludes unlisted

Named Perils
Any risk that is not specifically excluded is covered (also referred to as all risk)

Open Perils

Disappearance of property without knowledge as to the location, time or how it was lost.


(usually excluded from most policies)

Mysterious Disappearance

Considered a result of a direct loss


(like extra living expenses)

Indirect Loss
Insured structure with no people living or working in it. Also does not have any property for a period of time.
Vacancy
Structure that has stored property but no one lives or works there.
Unoccupancy
Insurance that covers multiple classes of property at 1 location or multiple
Blanket Insurance
Insurance that covers only certain kind of unit of property for a certain amount
Specific Insurance

recognizes reduction of value of property as it ages, calculated as:


(Current Replacement Cost- Depreciation)

ACV
Cost to replace damaged property with like kind and quality at today's price
Replacement Cost
Valuing a loss based upon the amount a buyer is willing to pay (can consider value of land, not just to rebuild structure)
Market Value

Scheduled value for items hard to value


(commonly used for stamp or other collections)

Stated Value
Estimated value an asset will realize upon it's sale at the end of it's useful life
Salvage Value
A pool is considered this liability
Absolute Liability
Liability commonly used on products for manufacturers (does not cover hazardous activities)
Strict Liability

When someone else is responsible for your liability.


(such as parents for child / Employers for Employees)

Vicarios Liability
When policy has a Max limit of coverage available during a policy year.
Aggregate Limit
Separately stated limits (ex: 25/50/25)
Split Limits
Single limit of liability for total loss
Combined Single Limits

Act/event considered a natural and reasonably foreseeable cause of damage


(caused chain reaction)

Proximate Cause
What the insured must pay on a claim before the insurance company provides coverage
Deductible

set up to encourage insurance value and provides consideration of reduced rate.


works with %'s

CoInsurance
An estimated premium paid in advance at time the policy is issued
Deposit Premium
Allows insurer to audit the insured's books and records at the end of the policy term to make sure adequate premium was collected
Deposit Premium Audit
Insurance companies must have these 4 things to be legally binding

Agreement (offer and acceptance)


Consideration (what is given to each other)


Competent parties (18+, mentally competent)


Legal purpose (lawful reasons, not against public policy)

Statements believed to be true, but not guaranteed
Representations
Untrue statements (they can void contract)

Misrepresentations

an absolutely true statement upon which the validity of the insurance policy depends


(may breach contract)

Warranty
withholding of information of a material fact that is crucial in making a decision (could void policy)

Concealment
A agreement issued by an agent providing temporary coverage until policy is issued

Binder
Located in the policy structure: this contains basic UW info such as insured's name, address, coverage limits, premiums and description.
Declarations Page
Clarifies terms as used in policy and usually includes bold, italics and quotations.
Definitions
Contains insured's promise to pay, includes effective date, renewal and description of perils
Insuring Agreement
General rules and procedures agreed to be followed by both parties
Conditions
Change to a policy
Endorsement
Details perils not insured against and what persons are excluded (except spouse)
Exclusions
Max amount an insured may collect

Policy Limit
When insurer and insured cannot agree on a claim settlement,
Arbitration
If any disagreement exists each party selects an appraiser and then an umpire

Appraisal
Defines how policy will respond if there is another valid insurance policy written on the same risk
Other Insurance
Sharing of loss with other insurance company that may have a policy written on the same risk
Pro Rata
Termination by insured or insurer before policy end date
Cancellation
When a policy will not renew

Non Renewal
Property insurance written as DP form that allows ACV

DP-1
3 policies written on replacement cost of 80%+

HO-2, HO-3 AND HO-5
NFIP STANDS FOR

NATIONAL FLOOD INSURANCE PROGRAM
If premises is vacant for 60 days what is excluded?

malicious mischief/vandalism
Coverage for Bodily harm, sickness or disease (including death)
Bodily Injury (BI)
Physical injury, destruction, loss to property

Property Damage (PD)
The upset or impact of a covered vehicle or non-owned auto with another vehicle or object
Collision
If you hit a deer, this coverage would pay
Comprehensive (Other than collision)
If customer wants rental reimbursement they must have this coverage
Comprehensive (Other than collision)
This coverage pays for funeral expenses cause by an accident sustained by insured

Medical Payments
Why do commercial auto policies not automatically include medical payments coverage?
Most businesses have Worker's Comp
Provides coverage for BI if the other driver does not have insurance and they are at fault

Uninsured Motorist (UM)
Provides coverage for BI if the at fault driver does not have enough insurance

Underinsured Motorist (UIM)

Provides coverage for damage to your auto


(includes both collision and comprehensive)

Physical Damage
What is "No benefit to bailee"
Insurance company will not directly or indirectly pay any carried or bailee.
What is DOC


Drive other car: Includes non-owned vehicles the insured person operates


[non-owned vehicle coverage]

This is used when insured is required or chooses to purchase higher liability limits than what is offered on primary policy
Umbrella/Excess Liability
Limits of insurance for liability coverage of the policies used 1st during a loss.

Underlying Policy
The minimum limit for this coverage is $1,000,000
Umbrella Policy
who appoints the commissioner? And how long is their term?

The Governer for a 2 yr term
This person cannot draft insurance laws
The Commissioner
The commissioner must examine all authorized insurers at least once every

5 years
When a cease and desist order is issued the person it was issued to has ______ days to request a hearing.
30 days
Once person requested a hearing for a cease and desist order, a hearing will be scheduled within ______ days unless other timeframe is agreed upon by both parties
10 days
Administrative penalties may not exceed $______ for violations
$25,000
If licensee violates a law/code the department of insurance has _____ days to notify the licensee in writing
14 Days
someone licensed in state (home office)

Domestic Insurer
Someone licensed in another state
Foreign Insurer
Someone licensed outside the U.S.
Alien Insurer
These companies are owned by policy owners and issue participating policies
Mutual Companies
These companies are owned by stockholders who provide capital to establish and operate the insurance company
Stock Companies
This insurance policy will pay dividends to the owner of the policy based upon actual mortality rates cost , interest earned cost
Participating Policy
What fee has to be paid in TX to act as a life insurance agent
$50
An agent's license must be renewed every _____ ,on the licensees birthday.
2 years
If a license expired LESS than 90 days ago you must...
File a renewal application, Pay the renewal fee + an additional 1/2 of renewal fee
If a license expired MORE than 90 days ago but LESS than 1 year you must...
File a new application, Pay the renewal fee + an additional 1/2 of renewal fee [no exam required]
If a license expired MORE than 1 year ago you must...
Go through the complete license process
What is CE?
Continued Education
Producers must maintain records of continuing education for how long after completion?
4 years
Licensees must complete at least _____ hrs of CE every renewal before expire date
24
At least how many hours of the CE should be for ETHICS?
2
You must pay $_____ per deficient hour in order to complete them before a 90 day timeframe
$50
Agents licensed for ___ yrs or over that have no gaps of more than 90 days can be exempt from CE.
20
At least ____% of all required CE must be completed in a classroom or classroom equivalent setting approved by the Department
50
In Texas if a license is revoked you cannot apply for another one for ____ years
5
What is TDI?

Texas Department of Insurance
An unfair trade practice in which an insured used physical or mental force to persuade an applicant to buy insurance

Coercion
When a company criticizes the financial situation of another company with the intention of injuring the company it has committed and illegal trade called ____
Defamation
It is illegal for an agent to pay or offer to pay for referrals unless the customer is or was formerly a ______
licensed agent
Each filing of rates and forms must be made no later than _____ days before the date of delivery or use
60
Cancellation cannot take effect until after ____ days that the insurer mails notice of cancellation to insured if policy in effect is LESS than 60 days old
10
If a policy is over 60 days old it must remain in effect until the ___day after notice is delivered
61
A premium surcharge can be assessed at time policy is renewed if the insured has filed ___ or more claims in the preceding year
2
Insurer may decline renewal if insured has filed ___ or more claims under the policy in any 3 year period
3

Insurance markets or facilities designed to assume risks that are generally declined


[is a residual market]

Texas Fair Plan Association
Was established to provide an adequate market for windstorm, hail and fire insurance in designated areas

Texas Windstorm Insurance Association


(TWIA)

Requires insured in Texas state to have min liability limits of 30/60/25
Texas Motor Vehicle Safety Responsibility Act
A person convicted a 2nd time for not having min liability coverage limits will have to establish and maintain proof of _________ for __ years

Financial responsibility


for 2 yrs

PIP must be included in a Texas policy with a min of $2,500 unless...
a signed rejection form is received
Is Joint Underwriting Association a residual market?
yes
Is a mechanism for assisting the policy holders of bankrupt insurers and is not a residual market
Texas Property and Casualty Insurance Guaranty Association
What is the max pay from the Texas Property and Casualty Insurance Guaranty Association
$300,000
Cancellation to take effect on the 12th month anniversary of the policy requires the insurer to give prior written notice of at least _____ days
30
Insurance uses this law to more accurately predict losses from numbers
Law of Large Numbers
Any condition or exposure that increases the possibility of a loss is a
Hazard
A tornado is considered this because it was the cause of a loss
A Peril
A _____ is the basis for a claim against an insurance policy (claims result from this)
Loss
A loss caused by conditions or repeated exposure resulting in injury even if not intended or expected is considered an _____
Occurrence
Pain and suffering, disfigurement would be paid as

General compensatory damages
Conditions are part of the policy ______

structure
when an UW approves an application and issues a policy it is _______
acceptance
When a covered loss occurs the insurer requests a signed _____________ from the insured
Sworn proof of loss
The insurers report financial difficulty to the _______
state
the max # of roomers or boarders for property insured under dwelling policy is ____
5
removal coverage which is included in the broad form dwelling policy will cover property temporarily removed from premises to protect it got up to _____ days
30
volcanic eruptions will be considered 1 occurrence if they occur within a _____ hour period
72
After insurer receives proof of loss from insured, they have ____ days to pay for loss
60
A loss from sudden collapse of earth arising from underground limestone created by the action of water on rock formation is a _____
Sinkhole Collapse