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46 Cards in this Set

  • Front
  • Back

Moral Hazard

Intentionally caused losses

Morale Hazard

Attitude

Physical Hazard

Laws of nature

Proximate Cause

That cause which directly through an unbroken chain of events brings about a loss -- if a covered peril is proximate cause policy must pay.

Actual Cash Value (ACV)

Replacement cost less depreciation

Replacement Cost

Actual cost to repair or replace -- no depreciation. Repairs must be done before full payment is made. (New for old)

Coinsurance Formula

(Amount Carried/Amount Required) Loss

Specific Insurance

Separate amount of insurance on each item insured. Name each item with an amount.

Blanket Insurance

Single amount of insurance on several items to be covered. All items under one limit.

Direct Loss

Physical harm to tangible property e.g. water damage.

Indirect Loss

Economic loss in consequence of direct loss e.g. financial loss.

A mortgage clause protects?

Lender's interest in real property.

Loss payable clause protects?

Lender's interest in personal property.

Three ways to be held civilly liable?

1. Breaches of contract




2. Intentional torts




3. Torts arising from negligence

Tort

A civil wrong, which for insurance purposes must be caused by negligence.

Negligence

The failure, by act of commission or omission, to do what a reasonable and prudent person would do in the same situation.

Comparative Negligence

When both parties are negligent each shall bear the proportionate share of the other's damage i.e. both parties are at fault.

Special Damages

Actual economic loss i.e. tangible.

General Damages

Pain, suffering, anguish, loss of companionship i.e. intangible.

Subrogation

After paying insured, Company owns rights against party who caused insured's loss.

Severablitily

Insurance coverage applies to separately to each insured.

Primary (insurance payout)

Policy pays first; when limit is exhausted Excess policies pay.

Pro rata (insurance payout)

Each policy pays its proportionate share.

Equal Shares (insurance payout)

Each policy pays an equal part of loss.

Florida No-Fault Law

Law that applies to B.I. for Defined Motor Vehicles.

Exceptions to Florida No-Fault Law

Mobile homes; taxis and limos; government owned transit vehicles for five or more passengers.

Residing Relative

Anyone related to the named insured by any degree of blood or marriage, who usually lives with the family, even if temporarily living elsewhere.

How many days out of the previous year must a car be in Florida to fall under Florida No-Fault?

90 out of the last 365

P.I.P

Coverage under FNF that is mandatory for all owners of Defined Motor Vehicles.

Penalties for not holding PIP if in an accident?

1. Loses exemption for tort liability.


2. Becomes personally liable for benefits under act.


3. Driver's license and car registration suspended.

PIP Coverage applies to whom?

Named insureds, residing relatives. In Florida in car or as a pedestrian, elsewhere in insured vehicle only.

PIP Benefits

1. Medical - reasonable medical, surgical, dental, prosthetic, remedial and rehabilitative treatment. (80%)


2. Disability - pays 60% loss of income, 100 % cost of household services.


3. $5,000 death benefit.

PIP Coverage Limits

$10,000 per person, per accident, including the $5,000 death benefit; no limit per accident. Recovery under PIP reduces amount recoverable in tort.

PIP Deductible

$250, $500, $1000 applying to insured and resident relatives available. Deductibles may apply to insured only or insured and dependent resident relatives.

PIP Exclusions

1. Named Insured, Resident Relative when in another owned defined motor vehicle that isn't covered under policy


2. Anyone who intentionally injures self


3. Injured committing a felony


4. Operating auto without owner's consent

PIP Tort Exemption does not apply if?

Can be referred to as thresholds. If no threshold is crossed, insured is immune from lawsuit for non-economic loss, no matter how large to economic loss.




1. Permanent loss of important bodily function


2. Permanent injury other than scarring or disfigurement e.g. whiplash


3. Significant scarring or disfigurement


4. Death




Must have one of these to sue under liability.





How are benefits for PIP paid out?

1. WC (if work related)


2. PIP


3. MedPay


4. UM

PAP: Eligible Insureds

1. Individual


2. Spouses


3. Family Members


4. Non-related members of the household

PAP: Eligible Vehicles

1. Private passenger autos.


2. Pickups and vans that weigh less than 10,000 pounds.

PAP Scope of Coverage

1. Named insured


2. Family members


3. Borrowers


4. Others "legally responsible"




for use of covered auto or other auto not regularly furnished.

Covered Auto can be?

1. Listed in the declaration


2. Temporary substitute


3. Newly acquired replacement auto for policy period


4. Additional auto for 14 days

Part A Non-owned Autos

1. Coverage on auto's policy is primary; user's policy is excess.


2. Owned trailers, non-owned trailers while attached.

PAP Part A Defense

Where coverage exists, company may elect to:




1. Defend*


2. Settle out of court, as it chooses


3. If policy limit is exhausted company has no further obligation to defend.




*If Company defends. defense cost are paid in addition to policy limit.

PAP Part A Supplementary Payments

B Bail Bond cost up to $250


A Appeal bond or release of attachment bond premiums


I Interest on judgement, until carrier pays its share of same


L Loss of pay up to $200 per day attending court or hearings at company request.


E Expense incurred at company request.

PAP Part A

Legally responsible - split or single limit. 10/20/10 or 30,000 - Basic Limit

PAP Part B

Medical Payments