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67 Cards in this Set

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Custody Interest
A right to possession of property due to an obligation to take care of and keep the property for its owner. They may have insurable interest in the property due to services performed and not yet paid for by the owner. They may have a liability interest if they are negligent in fulfilling duties and/or service responsibilities. Ex: bailees, consignees, common carriers, trustees.
Insurable Interest
A person who has a financial interest in the property to the degree that they would suffer financial loss if an insured event occurs.
Joint Owners/Tenants
Two or more people who are co-owners and share a full interest in a certain property and both have insurable interest for the full value of the property.
Tenancy by Entirety
Co-ownership reserved for husband/wife where each has a full, undivided interest in the property.
Tenancy in Common
Co-ownership by two or more people who have fractional interests in a property and lack survivorship rights.
Bailee
A person or entity that takes possession of the property of the owner for a specific purpose and for a limited period of time.
Consignee
A person or business that is holding the property of someone else for the purpose of selling it.
Mortgagee
A financial institution that has loaned money for the purchase of real property and holds a security interest until repayment of the loan is received.
Assignee
Person or entity to which property rights are transferred.
Purchase Money Security Interest
Security interest obtained by a person who helps finance the purchase of property. A lender or property owner who sells property and provides financing can obtain such an interest.
What are the 3 purposes of the insurable interest requirement?
1. to indemnify the proper people for the proper amount.
2. to prevent wagering on losses.
3. to deter people from committing fraud or intentionally causing a loss.
What 5 things can a person do with personal ownership of property?
1. use it.
2. change it.
3. sell it
4. rent it
5. dispose of it how they choose.
What is the difference in a joint owners and tenants in common insureable interest in a property?
Joint owners interest are in the full extent of the property's value. Tenants in common interest are limited to their fractional ownership interest in the property.
Who owns the business assets in a corporation? What about proprietorships or partnerships?
A corporation is considered a separate legal entity that owns the assets. The individual owners own the business assets in proprietorships and partnerships.
What kind of interest do tenanta have in a leased property?
They have a"use interest" in the leased property and in any improvements or betterments for the remaining term of the lease.
To what extent does a mortgagee have interest in a house?
To the extent of the unpaid balance of the mortgage.
Real Property
Land and anything that is attached to the land. includes structures and vegetation.
Personal Property
Any form of property that is not real property. ex: furniture, intellectual, machinery, merchandise and personal effects.
Fixtures
Items of personal property that have been permanently attached to real property thus became a part of the property.
What 3 considerations are important in determining if a fixture has become real property?
1. Attachment : is physically attached to the building.
2. Adaptation: is part of the use and function of the real property.
3. Intent: specific types of property that are intended for use with a given type of occupancy. If the property is intended for only one type of building occupancy, may make it personal property instead.
Improvements and Betterments
Changes made to a structure to suit the structure better for its intended purpose. All i's and b's are fixtures since they have been added to the structure after it was originally constructed.
What 3 reasons is it important to differentiate real property from personal property for insurance purposes?
1. Coinsurance clauses are applied against value of real property and not personal.
2. Valuation methods for real property may be at replacement cost but losses to personal prop might be actual cash value.
3. To lessen possibility of overlapping coverages.
What happens to a tenants improvements and betterments at the expiration of a lease?
They must be removed by the tenant or they transfer to the property owner.
What did insurance policies originally cover?
The peril of fire and then later lightning was added as an additional covered peril.
What was developed in the late 30s/early 40s that added the perils of windstorm, hail, explosion, riot or civil commotion, vehicles, aircraft, and smoke damage?
The Extended Coverage Endorsement
Broad Form Coverage
Added the perils of vandalism and malicious mischief, sprinkler leakage, sinkhole collapse, volcanic action, falling objects, weight of ice, snow and sleet, and water damage.
Special Form Endorsement
Provides "all-risks" coverage which pays for a loss unless it is excluded by the policy.
Direct Physical Loss
Loss with tangible effects that have resulted immediately from an occurence without any intervening cause.
Indirect Loss
Flows from the loss of the damaged property. most common - loss of use
Nonphysical Loss
Includes all kinds of financial loss such as loss of value of inventory due to changes in style or fashion or obolescence
Specified/Named Perils Policy
A loss that is only covered when it caused by a peril listed in as covered on the policy. Burden of proof is on the insured to prove loss caused by a covered peril.
Special Form Policy
All losses are covered unless specifically excluded. Burden of proof is on the insurer to prove loss is excluded. aka. risk of direct loss policy, all risks policy
Moral Hazard
Increased probability of loss due to dishonesty, fraud, etc
Morale Hazard
Increased probability of loss due to carelessness or indifference.
Concurrent Causation
Two or more perils acting together or successively that produce loss.
Efficient Cause Approach
Loss is covered if the dominant peril caused the loss. (concurrent causation loss)
Liberal Approach
The entire loss is covered as long as one of the perils is covered. (concurrent causation loss)
Conservative Approach
Entire loss is not covered if a covered peril and nomcovered peril combine to produce loss. (concurrent causation).
waiver
A voluntary reliquinshment of a known right. i.e. when an adjuster agrees to pay a claim without investigating any coverage defenses.
estoppel
arises in a situation where an insured relies on conduct or statements by the adjuster and, as a result, incurs expense or takes action contrary to the policy conditions.
Frame Construction
Exterior walls made of wood
Joisted masonry construction
Exterior walls are made of masonry with wooden joists spanning the exterior masonry walls
Noncombustible construction
Exterior walls, floors, and ceilings are made of nomcombustible materials including masonry, steel, and other nonburning materials
Masonry noncombustible construction
Exterior walls are made of masonry and floors and ceilings of noncombustible material
Modified fire-resistive construction
Exterior walls, floors and ceilings are made of materials that have a one-hour fire-resistive rating or better.
Fire-resistive construction
Exterior walls, floors and ceilings have a fire-resistive rating of at least two hours.
Wet system
A sprinkler system that has water in its pipes at all times.
Dry pipe system
A sprinkler system that does not have water in its pipes until the sprinkler head is activated
Deluge system
A sprinkler system that keeps the sprinkler heads open all of the time. when water is released, water flows through all open heads.
Halogenated system
A fire supression system that uses halogen gas as a fire suppresor. The advantage of this system is that water damage is not caused to property. Often used in museums and in places housing computers.
Dry chemical system
A fire suppressive system that drops a large amount of dry chemical on the fire.
Foam systems
A fire suppressive system that is used for outside areas, around flammable liquids, and at oil storage facilities and smothers the fire with foam.
Carbon Dioxide system
A fire suppressive system that uses carbon dioxide to reduce oxygen in the air needed to fuel the fire.
Fire resistance rating
A measure of a buildings ability to withstand the effects of fire, to sustain damage, to retain its structure, and to avoid collapse from fire.
Elements of a scope
1. the degree of damage, stated as a method of repair. 2. the quality of materials and workmanship that were utilized in the damaged property. 3. measurements and raw counts needed to calculate quantities.
procedure for taking a scope
1. conduct initial survey. 2. create diagrams/sketches of the property and damage to it. 3. scope the damage. 4. consider coverage applying to the loss. 5. document the damage and undamaged property with photographs.
overhead
direct cost that the contractor incurs to produce the finished job but is not a cost of materials or labor. this is added to final estimate
special form coverage
the type of coverage that provides direct physical loss coverage on fixed real property
concrete form
amount of lumber needed for this is based on the square footage of the concrete surface. on average - two and a half to three board feet per square foot of concrete
mortar
18 cubic feet or 2/3rds cubic yards of it is used per 1000 bricks. 40 cubic feet or one and a half cubic yards per 1000 blocks.
brick
A common brick is 4 x 8 x 2 inches. 21 bricks to one cubic foot of masonry. 100 bricks is a strap. 500 bricks on a pallet.
hardwood
wood that comes from deciduous, broadleaf trees such as maple and oak. used in finish carpentry
softwood
wood that comes from coniferous, evergreen trees such as pine and cedar. used in framing
plywood
subflooring type. typically 32 sq ft. always round up and replace full sheets to save on labor
floor framing
consists of posts, beams, sill plates, joists and subflooring
wall framing
includes the studs, sole plates, top plates, and window and door headers on interior and exterior walls
wall sheathing
outside covering installed over the studs, plates, and window and door headers.