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40 Cards in this Set

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Actual Cash Value

The replacement value of the property less any accumulated depreciation.

ACV

Bailees

Persons to whom goods are entrusted by someone else. They may have them for safekeeping or to perform work on them for some other valid reason

entrusted

Bailors

Persons who entrust goods to another.

goods to another

Business Interruption

Gross earnings is to replace earnings. Example…your restaurant burns down and you have the best chef in town. If you cannot pay him while the building is being re-built he will go elsewhere and you will not do good business when your restaurant is open. Pay him and he stays. The re-imbursement period to the insured ends when the business is re-opened because now you are earning money to pay him. 80% co-insurance clause.



Profits: when the restaurant is closed you lose your profits. The policy will reimburse you until your profits are where they should have been if the loss had not happened. Example. Your store burns in October they can’t re-build until February. You miss Christmas…Your profits at Christmas would have been higher than in October…by February you should have had more money…we will pay you until your profits are where they should have been only to a maximum of 12 months.

GE or Profits

Codified Law

Statute law which is classified and arranged in a systematic collection or code. It is written law.

Systematic or collection

Compensatory Damages

Special damages and general damages collectively are considered compensatory damages. They compensate the plaintiff for some kind of a loss.

compensate

Consideration

That which one party gives or promises to give in exchange for the act or promise of the other, in other words, consideration is the price agreed upon.

exchange the act or promise

Contract

An agreement enforceable at law.

an agreement

Contribution

The sharing of loss or liability between two or more insurance companies covering the same risk.

sharing of loss

Damages

A sum of money claimed or awarded as compensation for loss or injury.

sum of money

Estoppel

A doctrine of law which precludes a person from denying the truth of a statement formerly made by him or her or the existence of a series of facts which has caused someone to draw certain logical conclusions.



An estoppel arises when a person is forbidden by law to speak against their own act or deed. A man's own act or acceptance stops or closes his mouth to prevent him from arguing the opposite

forbidden by law to speak against their own or deed

Fire Wall

A barrier wall between buildings or parts of buildings. Certain standards apply. It must have a specified fire resistance rating, minimum openings, must extend above the roof and beyond the ends of the building and have specified strength and stability.

A barrier wall

Forfeiture

The loss of a right as a result of the nonperformance of some obligation or condition.

the loss of a right

Friendly Fire

A fire intentionally kindled in a place provided for it. No matter how furious that fire may become, no matter how much heat and smoke it may give off, as long as it does not leave the place provided for it, it is still friendly fire.

intentionally kindled fire

General Damages

Less definite and are awarded for such things as pain and suffering, total or partial disability and disfigurement.

g d

Inherent vice

A quality within an object that makes it tend to destroy itself.

within an object to destroy itself

Legal Liability

Responsibility at law or liability assumed under contract.

responsibility at law

Legal Person

One who can be sued.

Misrepresentation

An incorrect statement made about a material fact. It can also include an omission of certain facts.

incorrect statement

Negligence

Doing something that a reasonable person would not do or omitting to do something that a reasonable person would do.

reasonable person or omitting to do something

Non-disclosure or Concealment

The withholding of information pertinent to a risk. It is silence when there exists an obligation to speak.

withholding of information

Non-Waiver Agreement

An agreement between two parties recognizing that there is a possible right (such as to deny liability) but in the interests of both parties, a note will be made of it and the matter allowed to proceed without prejudice to either party.

Personal Injury

Represents injury to a person's character. Do not confuse with bodily injury which is injury to the physical person.

injury to a person's character

Precedent

A legal decision serving as an authoritative rule in future similar cases.

authoritative rule in future cases

Prescription

A time, after which a cause of action ceases.

a cause of action ceases

Proximate Cause

The immediate and effective cause of the loss, not necessarily the last event before the occurrence, which, in a chain of circumstances leads naturally and directly in the ordinary course of events to the loss.

Punitive or Exemplary Damages

Intended as a punishment against the defendant and as a deterrent to others.

punishment

Reinsure

To insure again by transferring to another insurance company all or part of a liability assumed. In other words, reinsurance can be said to be the insurance of insurance companies.

transferring to another insurance company

Salvage

Property saved from loss. Can also be used as a verb to indicate the process of taking steps to reduce the amount of a loss.

property saved from loss

Special Damages

Money claimed or awarded for out-of-pocket items such as medical expenses, loss of earnings or damage to property substantiated by a specific invoice or estimate of repair.

money claim awarded for out of pocket items such as medical expenses

Statute

An agreement enforceable at law.

legislation by law given

Statute of Limitations

A statute prescribing the limitations to the right of action on certain described causes of action; that is, declaring that no suit shall be maintained on such causes of action unless brought within a specified period after the right arose.

statue prescribing limitations

Subrogation

The legal process by which an insurer who has paid a loss pursues any rights of recovery against a responsible third party.

legal process which insurer whos paid loss pursues to any rights of recovery

Tort

A legal wrong.

Utmost Good Faith

Absolute and perfect candor or openness and honesty. It is perfect good faith, concealing nothing.

Valuable Papers

Includes various types of records, papers and films.

Valued Contract

A contract that insures property for an amount which is agreed to by the insurer and the insured at the time the contract is made. It states that in the event of a total loss a specified amount will be paid to the insured.

Void Contract

A contract which never had any legal existence. It cannot be enforced.

Waiver

The voluntary relinquishment of a known right.

Cedes

assigns, grant, surrender, interest or right