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38 Cards in this Set

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Legislation

All businesses are governed by legislation. Insurance has specific legislationFire Insurance Act

Fire Insurance Act

Fire insurance applies to insurance against loss of or damage to property arising from the peril of Fire

Province of Quebec

An Act respecting insurance deals with the technical aspects of forming and operating insurance companies

Civil Code of Quebec-Book 5

Articles 1371-2643 deal with obligations of contract

Contents of a policy

Name of insurer


Name of insured


Loss payable


Amour of premium


Subject matter of insurance


Indemnity for which insurer may be liable


Effective & expiry date

Provisions for Appraisal

Insurers will hire an appraiser, insured hires an appraiser and the 2 appraisers will hire an umpire. If they fail to agree, they submit their differences to the umpire.

Provisions for Appraisal

Insurers will hire an appraiser, insured hires an appraiser and the 2 appraisers will hire an umpire. If they fail to agree, they submit their differences to the umpire.

Proof of Loss

The Insurer, in any event not more than 60 days after receiving Notice of Loss, must provide the insured with forms to make the required proof of liss

Provisions for Appraisal

Insurers will hire an appraiser, insured hires an appraiser and the 2 appraisers will hire an umpire. If they fail to agree, they submit their differences to the umpire.

Proof of Loss

The Insurer, in any event not more than 60 days after receiving Notice of Loss, must provide the insured with forms to make the required proof of liss

No action for recovery

For 60 days after proof of loss, this protects the insurer but the insurer loses this protection if they Do Not provide the Proof of Liss to the insured

Provisions for Appraisal

Insurers will hire an appraiser, insured hires an appraiser and the 2 appraisers will hire an umpire. If they fail to agree, they submit their differences to the umpire.

Proof of Loss

The Insurer, in any event not more than 60 days after receiving Notice of Loss, must provide the insured with forms to make the required proof of liss

No action for recovery

For 60 days after proof of loss, this protects the insurer but the insurer loses this protection if they Do Not provide the Proof of Liss to the insured

Perils in a Fire Insurance Contract:

Fire-actual ignition and visible flames


Lightening


Explosion


Contamination

Distribution

Defined as the splitting of a single amount of insurance to apply to property in more than one lication

Underinsured

The value of insured property is greater than the amount insured

If insured rejects the new policy, it will become....

Void AB INITIO

15 Statutory Conditions:

Misrepresentation


Property of Others


Change of Interest


Material Change


Termination


Requirements After Loss


Fraud


Who May Give Notice and Proof


Salvage


Entry, Control, Abandonment


Appraisal


When Loss Payable


Replacement


Action


Notice

My P C Might Take Refuge From White Sea (SEA) W R A N


My Acronym

To AVOID the contract-

To make the contract VOID -of no legal effect

Stat Condition #3, Change of Interest

The Insurer is obliged to insure a new interest replacing the named Insured for:


1. Under the Bankruptcy Act


2. Change in title by succession


3. Change in title by operation of law


4. Change in title by death of the named insured

Stat Condition #1-Misrepresentation

This happens BEFORE the contract takes effect

Stat Condition #1-Misrepresentation

This happens BEFORE the contract takes effect

Stat Condition. #4: Material Change

This happens AFTER the contract takes effect

5 Elements of a Contract:

1)An Agreement


2)Between legally capable parties


3)For a consideration


4)Demonstrating intent


5)To do something that is legal

Principal of Indemnity:

The Insured shall not receive more than the actual loss suffered.

Surrogate on means...

The substitution of one party for another as creditor

Proximate Cause

Often related to an exclusion but may sometimes determine whether coverage exists

Subject Matter of Insurance-

The property for which the insured will be indemnified if it is damaged or destroyed

Direct Loss

Refers to the value of the physical property that is damaged or destroyed

Direct Loss

Refers to the value of the physical property that is damaged or destroyed

Indirect Loss

Arises from direct loss; it encompasses other loss suffered as a consequence of the damage to or destruction of the physical property.

Business Interruption is...

Most common type of indirect loss

Fortuitous

A chance event

Modular Policy

Made up of several parts

Limited Exclusion

Means there may be Some coverage

Nuclear Incident

An occurrence resulting in injury or damage that is from a breach of duty

Flashpoint of a liquid...

Is the lowest temperature at which the liquid gives off sufficient vapours to form an ignitable mixture with the air