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37 Cards in this Set

  • Front
  • Back

Loss ratio

Incurred losses + loss adjusting expense ÷ earned permium

Judgement rating

Used when credible statistics are lacking

Retrospective rating

Self rating plan. Either get back unused premium or pay more to insurer

Merit rating

Based on probability. Auto insurance.

Four primary elements in establishing negligence

1. Legal duty 2. Standard of care 3. Proximate cause 4. Actual loss or damage

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

Comparative vs contributory negligence

Comparative will pay out based on percentage of negligence by each party. Contributory only if completely fault free.

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.

Two classes of compensatory damages

Special (specific expenses, medical, miscellaneous, loss of wages) and general (pain and suffering, mental anguish, disfigurement, etc.)

Absolute liability

Not need to prove negligence. Wild animals, explosives, ect.

Strict liability

Product liability cases

Vicarious liability

Transfer liability to another person more likely to pay (parent/child, boss/employee)

Loss valuation

A factor in determining the premium charged and the amount of insurance required

Actual cash value

Current replacement cost - depreciation = actual cash value

Replacement cost

Contrary to indemnity. Cost to replace damaged property with like kind and quality at today's price. No depreciation.

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.

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.

Policy structure

Dead ice. Declarations Endorsements Additional/supplemental coverage Definitions Insuring agreement Conditions Exclusions

Declarations

Policy structure. Who what where and how much of a policy

Insuring agreement

Section of a policy with insurers promise to pay, lists parties to contract, effective and renewal dates, description of coverage, and perils

Conditions

Policy structure. Rules and procedures insured and insurer must follow

Endorsements

Policy structure. Printed addendum to a contract

Short rate, pro rata, flat rate

Short - penalty usually 10%; pro rata - return of unused premium; flat rate - no longer make premium payments

Coinsurance

Encourages insured to insure to face value (80%)

Self insured retention

Deductible with umbrella policy

Primary vs excess

Primary pays first in event of covered loss. Excess only pays after primary has paid to its limit

Pro rata share

A: A÷(A+B+C)×LOSS ect to determine amount each insurance policy pays

Limits of liability

Per occurrence, per person, per project/per location, aggregate, submit, split, combined single

Individual rating approaches

JERMS judgment experince retrospective merit schedule

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

Assignment

Transfer of legal right in insurance policy with written consent of insurer

Liberalization

Insured right to broader coverage under policy without having to wait for policy to renew

Subrogation

Insurers right to seek damages from third party

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

Personal property vs real property

Personal can be moved. Real property non movable.

Standard mortgage clause

Mortgagees right to recover is limited to amount of remaining debt.

Loss payable clause

Used to cover interest of a secured lender in personal property