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56 Cards in this Set

  • Front
  • Back
Risk


Uncertainty that loss will occur




the chance of loss



Pure Risk

Only risk companies will get involved in
Speculative Risk


Gambling you could gain so will not insure




Ricks Management (CARTS)


Controlled




Avoided




Retained-Deductible




Transferred- what you do when you buy insurance




Shared-think in terms of copay


Law of Large Numbers


the larger the # of a nature or similar homogenous group the more we can figure what the losses will cost




"collect from masses to pay for a few"


Peril

Is what physically causes the risk


(lightning, fire, hail etc.)




the cause of loss



Hazard


increased the likelihood of loss happening




Insurable Interest


must have interest in the property and must be present at time of claim




Adverse Selection


only purchased by those who will use it


(Flood insurance)


Indemnity

designed to make WHOLE again not better

Types of Insurance companies


Stockholders




Mutual Insurance Companies




Reciprocal




Reinsurance

Stockholders

They are the shareholders and with profit comes increased in dividend check (taxed)
Mutual Insurance

owned by policy holders profits are (not taxed)

Reciprocal Insurance


group that comes together to form insurance




Attorney is in control of everything

Reinsurance Insurance

ways for insurance companies to get insurance on use (they pay the premium)

Company Classifications


Domestic-in state




Foreign- in another state




Alien- in another company

Admitted means

Authorized
3 marketing systems


Captive agent - writes for 1 company




Independent Agent- writes for several




Direct Response- toll free number or online

Expressed authority

written in my contract says exactly what I can and can not do
Absolute Authority

"A" for my actions that I have the authority to do
Implied Authority
authority "I" think I have to do my job right
Elements of a Contract (COAL)


Consideration- does not have to be equal




Offer- insured is the one making the offer




Accepted-policy has been activated upon renewal we make the offer




Legal Capacity- 18 year or older and sober

Fraud


has not statue of limitations




cab be done at time of application or claim

Aelatory


uneven you risk a little we risk much more



Representation

the truth to the best of your knowledge or belief

Warranty

100% absolute actual fact

Concealment

deliberate omission of material fact

Fraud

deliberate attempt to mislead

Unilateral


one sided




only insurance company can be legally forced to honor


Conditional

things customers and insurance need to do to make things work

Waiver

voluntarily giving up a known right

Estopped
once you give up your legal right you can no longer assert it

Ambiguity

if the insurance is unclear court will rule in favor of consumer

Adhesion

once you buy it you are stuck with it
Fiduciary Duty


obligation to act on best interested based on faith and trust placed on agent




Binder


Immediate/Temporary insurance until the policy or endorsement is issued




Oral or written up to 30 days

Do's and Don'ts are spelled out where?

Agency Contract
First Party Claim

claim is presented by the insured to his insurer when the insured’s house burns down, for example.


Third Party Claim

claim is presented by the claimant to his insurer when the insured


runs over that party with his car, for example.


Offer and Acceptance


(Mutual Agreement)


Requirement for a valid contract
Doctrine of Adhesion states

the policy ambiguities always favor the insured

Doctrine of Reasonable Expectation states

the reasonable claims are covered
Representation

Truth to the best of my knowledge
Breach of Warranty

may void the policy
Indemnification

to make someone "Financially Whole"
Surplus Lines

sold by unauthorized insurance companies
Adhesion
The principle that any ambiguity in the wording of the contract will always be ruled upon in favor of the insured, since they had no chance to negotiate the terms; one of the four characteristics of insurance contracts.
Agency
A legal relationship between two parties: Principal and Agent.
Agency System
Refers to an insurance distribution system that supports a "middle man." There is a field force of licensed agents and the public buys through them
Binding Authority
Refers to the ability to issue binders. Agents could have both oral and written binding authority; the overwhelming number of agents has both.

Conditional
Refers to the fact that the promise to indemnify is predicated upon conditions
Contract
A legal agreement between two parties for consideration, such as an insurance policy.
General Agent
An individual appointed by an insurer to administer its business in a given territory. Responsible for building the agency and service force. Compensation is on a commission basis, although there may be additional expense allowances. Often called a Managing General Agent (MGA
Liability
1. A legal obligation to pay for a loss. 2. Type of insurance needed to cover the situation of being responsible for someone's accident or injury or to provide a defense to settle any claim or suit against the insured. The insurer's duty to settle or defend ends when the amount paid for damages resulting from the occurrence equals the limit of liability.
Mass Marketing System
Refers to an insurance distribution system that "cuts out the middle man." The public calls an 800 number and buys direct
Often called a Managing General Agent (MGA)

General Agent