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37 Cards in this Set
- Front
- Back
Loss ratio |
Incurred losses + loss adjusting expense ÷ earned permium |
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Judgement rating |
Used when credible statistics are lacking |
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Retrospective rating |
Self rating plan. Either get back unused premium or pay more to insurer |
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Merit rating |
Based on probability. Auto insurance. |
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Four primary elements in establishing negligence |
1. Legal duty 2. Standard of care 3. Proximate cause 4. Actual loss or damage |
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Proximate cause |
Act or event considered natural and reasonably foreseeable cause of damage or event that incurs damage. Must be unbroken chain of events leading to injury or damage |
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Comparative vs contributory negligence |
Comparative will pay out based on percentage of negligence by each party. Contributory only if completely fault free. |
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Intervening cause |
If chain of events broken cannot get recovery for loss. I.e. person shovels snow and person falls after it snows again that person cannot seek recovery from insured. |
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Two classes of compensatory damages |
Special (specific expenses, medical, miscellaneous, loss of wages) and general (pain and suffering, mental anguish, disfigurement, etc.) |
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Absolute liability |
Not need to prove negligence. Wild animals, explosives, ect. |
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Strict liability |
Product liability cases |
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Vicarious liability |
Transfer liability to another person more likely to pay (parent/child, boss/employee) |
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Loss valuation |
A factor in determining the premium charged and the amount of insurance required |
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Actual cash value |
Current replacement cost - depreciation = actual cash value |
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Replacement cost |
Contrary to indemnity. Cost to replace damaged property with like kind and quality at today's price. No depreciation. |
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Guaranteed replacement cost |
Insurance company must fully replace or rebuild without depreciation. Limit to amount will pay usually up to 20% above amount od insurance on property. |
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Functional replacement cost |
Cost to replace damaged property with less expensive and more modern construction or equipment. Must not be lower quality only lower cost. |
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Policy structure |
Dead ice. Declarations Endorsements Additional/supplemental coverage Definitions Insuring agreement Conditions Exclusions |
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Declarations |
Policy structure. Who what where and how much of a policy |
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Insuring agreement |
Section of a policy with insurers promise to pay, lists parties to contract, effective and renewal dates, description of coverage, and perils |
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Conditions |
Policy structure. Rules and procedures insured and insurer must follow |
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Endorsements |
Policy structure. Printed addendum to a contract |
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Short rate, pro rata, flat rate |
Short - penalty usually 10%; pro rata - return of unused premium; flat rate - no longer make premium payments |
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Coinsurance |
Encourages insured to insure to face value (80%) |
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Self insured retention |
Deductible with umbrella policy |
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Primary vs excess |
Primary pays first in event of covered loss. Excess only pays after primary has paid to its limit |
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Pro rata share |
A: A÷(A+B+C)×LOSS ect to determine amount each insurance policy pays |
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Limits of liability |
Per occurrence, per person, per project/per location, aggregate, submit, split, combined single |
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Individual rating approaches |
JERMS judgment experince retrospective merit schedule |
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Duties after loss |
Protect damaged property from further damage, prepare an inventory of damaged property, cooperate with insurer in settling loss, notify police in case of theft, submit signed sworn proof of loss to insurer |
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Assignment |
Transfer of legal right in insurance policy with written consent of insurer |
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Liberalization |
Insured right to broader coverage under policy without having to wait for policy to renew |
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Subrogation |
Insurers right to seek damages from third party |
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Duty to defend |
Insurance company must take on legal responsibility under insured's coverage. Including pay for attorney. Insurer only bound until liability limit paid |
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Personal property vs real property |
Personal can be moved. Real property non movable. |
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Standard mortgage clause |
Mortgagees right to recover is limited to amount of remaining debt. |
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Loss payable clause |
Used to cover interest of a secured lender in personal property |