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67 Cards in this Set

  • Front
  • Back

Risk:

uncertainty in situations with two or more outcomes

Hazard

Condition that increases chances of a loss




physical hazard: material or structural ex: bald tires




moral hazard: illegal or unethical actions ex:fraud




morale hazard: carelessness or improper maintenance ex: unlocked door




legal hazard: court actions - tendency of courts to interpret policy language diff. than agent intended



Peril

cause of a loss




fire, water, lightening, theft, etc.

economic loss

decrease in value, quality, or quantity of assets




could result from death, injury, property damage, stolen property, etc.

Indemnity

principal stating insured cannot profit from a loss and should be returned to same financial status as right before loss occurred

Deductible

Amount of monetary loss an insured must take before policy will pay toward loss






higher the deductible lower the premium

Misrepresentation

oral or written misstatements of fact concerning insurance transaction




if deemed material, it could void a policy

Breach of Warranty

warranty is a statement made on insurance application that is GUARANTEED to be true - if untrue that is a breach of warranty




NC policies are representations (true to the best knowledge) not warranties

Concealment

misrepresentation by silence




must be material to void policy

Negligence

Failure to act with reasonable care in order to avoid harm - omission or commission




Negligence occurs when:


1. legal duty owed


2. breach of legal duty


3. proximate cause - damage is connected to breach of duty


4. damages have occurred -- no damage no negligence

Liability

when one is liable for damage resulting in their negligence causing harm to another




3rd party cov.

Supplementary Payments

paid in addition to limits of liability and include payments for defense cost, bail bonds, loss of earning

Bodily Injury

Injury, sickness, or disease sustained by anyone during the policy period - including death

Property Damage

damage to tangible property during policy period - and includes loss of use as a result

Personal Injury

injuries other than bodily harm




ex: slander, libel, false arrests, etc.




covered under CGL policies

Accident/Occurence

unplanned event which occurs suddenly and can be identified by place and time

Liability Limits

max amount the policy will pay under conditions listed in policy




Single limit: one amount for BI and PD together




Split limits: diff. amounts for BI pp/BI po/PD po




NC requires 30/60/25

COI

a certificate of insurance is evidence to show policy is written and in effect

Binder

statement that provides temporary insurance coverage for specify period of time




written or oral

Endorsements

documents attached to policy that changes policy provisions in some way




restricts or broadens coverage

Liberalization Clause

states that if Rate Bureau makes change in law that broadens cov. then all similar policies will reeve that broadened cov.




only applies when no premium increase is involved

First named insured

first name on dec page - highest level of rights on policy and receives notices

Monoline v. package policies

monoline: protects against one type of loss ex:liability only




package: combines more than one type of coverage under one policy. ex: home policy includes liability, prop. damage, and med pay

Major Classes of Policy Provisions

statements in policies that explain conditions




1. Dec page: cntains name, adress, policy period, amounts of ins. and limits, and premium


2. definitions section: spells out meanings of certain words and phrases to get everyone on the same page


3.insuring agreement: lists perils covered under policy and insured agreement to pay for covered losses


4. exclusions/waivers: states what policy will not cover. Exclusions used to eliminate cov. for catastrophic events like nuclear war. Waiver is the intentional giving up of known right


5. Conditions: lists the rights and duties of agent and insured. ex: what to do after a loss.

Insurance

social device for spreading chance of loss among large number of people reducing one persons risk of disastrous financial consequences

Application

document used to gather necessary info to determine if particular risk is acceptable to insurer

adhesion

adhesion contact = where one party writes contract and other party has no input into the language of contract




insured must adhere to insurance comp.

subrogation

assigning rights of indued to insurer to recover damages from 3rd party who can be found negligent for causing a loss

Named insured

named on dec page - makes decisions

Insurable Interest

Person must be in a position to suffer a financial loss if their assets suffer a covered loss

Direct V. Indirect Loss

Direct loss: direct loss as a result of a covered peril - collision fire damage, theft




indirect loss: consequence of a direct loss - cost of a rental car, cost of hotel (Loss of Use)

Named Peril

specifically names all of the perils covered under the policy

Open Peril

insures against all perils except for those specifically listed under exclusions

Specific v. Blanket Coverage

Specific coverage: provides specific amount of coverage for a specific property at a specified location.




Blanket coverage: one amount that covers multiple things (not identified by name)

Property Loss Valuation

ACV : Today's replacement cost - depreciation




Replacement Cost: pays the full cost to replace the item without considering depreciation




Functional Replacement Cost: used for items that are difficult or impossible to replace - antiques or items no longer available. Damaged property is replaced or repaired with less expensive but functionally equivalent property.




Stated Value: covers property for stated value that is generally more than ACV. Used to insure classic or antique cars

Mortgagee/Loss Payee

Mortgagee: individual, bank, credit union, etc. that has an insurable interest in the property




Loss Payee: same as above but for cars




both listed as additional insured

Standard Fire Policy

Monoline (property only), named peril policy that can be made for up to a 7 year term.




no definitions section




can be personal residence to commercial business risk

Perils Covered in the SFP

Fire, lightning, and Removal




only hostile fires




Removal (moving property to protect it from covered perl) coverage for up to 5 days

Losses covered and excluded in the SFP

Only direct losses are covered




excludes:


coverage for scouts, bills, currency, etc.


loss from war


civil authority


theft


neglect


explosion.riot




Two conditional exclusions:


if insured can control situation


if property is vacant. Vacancy coverage lasts for 60 days

Inception/expiration for SFP

policy begins and ends at 12:01 am

Limitations on amount payable SFP

Policy will pay smallest amount of




Policy limit - amount on dec page


ACV


Replacement Cost


Interest of the insured - amount equal to insured incurable interest in property at time of loss


Pro Rata

Pro Rata Formula

use when loss is being shared by two companies




A pays: Policy A's limits of liability/ A+B X AOL




B pays: Policy B's limits of liability/A+B X AOL




ex:




A = 25,000


B = 75,000


loss = 60,000




A = 25,000/25,000+75,000 X 60,000 = 15,000



Loss Settlement Options (claims) SFP

1. Insurer can take damaged property, write a check and keep the salvage




2. Insurer can repair, rebuild, or replace property with similar quality materials




Insurer must notify client of decision within 30 days

Concealment, misrepresentations, fraud SFP

voids policy

In the event of a loss SFP

Insured must:




Give immediate notice


protect property from further damage


separate damaged an undamaged property


furnish a complete inventory of property and costs


submit signed proof of loss within 60 days


produce records ro be examined under oath

Appraisal SFP

If claim is approved but insured and insurer can't agree on an amount they can each select an appraiser within 20 days

Subrogation SFP

condition stating the insured is required to give all rights of recovery from negligent party to insurer

Suit against company SFP

insured can bring suit against insurer after insured has met all policy conditions. Policy states that insured must file suit within one year after date of loss - NC law overrides it to 3 years

Abandonment SFP

can't drop damaged property off and demand money

Waiver SFP

waivers must be n writing and attached to policy to be valid

Dwelling Forms

mono-line property form that allows for additional coverages to be endorsed




DP-1 - basic


DP-2 - broad


DP-3 - special




named peril - - Special forms are open peril on A&B and named Peril on C



Eligibility dwelling

up to four units and no more than 5 roomers per unit. NO FARMS




renters, owners, landlords

Coverage Items - dwelling

Coverage A: dwelling


Coverage B: other structures


Coverage C: personal property


Coverage D: Loss of fair rental value


Coverage E: Additional living expensed (not on the DP-1)




^^Mix and match ^^





other coverages on all three forms - dwelling

Debris Removal




$500 Fire Department Service Charge




Reasonable Repairs - covers attempt to prevent further damage




Property Removed (removal coverage) - 5 days DP-1, 30 days DP-2 and DP-3




World Wide Coverage: 10% of coverage C is protected anywhere in the world




Improvements alterations and additions: only for tenants. 10% of coverage C




Other structures - 10% of coverage A




Rental Value: 10% of A - payable at 1/2 the 10% per month

DP -1 - Basic Form

named peril - fire, lightning, internal explosion


pays for losses on an ACV basis




Includes coverages A-D




Coverages that can be endorsed to a DP-1




Coverage E - additional living expenses


Extended Coverages (WC SHAVVER)


V&MM (up to 30 days vacant)




excludes ordinance or law, earth movement, water damage, power failure, neglect, war, nuclear hazard, plants, and intentional losses

Extended Coverages

WC SHAVVER




Wind


Civil Commotion


Smoke


Hail


Aircraft


Vehicles


volcanic Eruption


Explosion


Riot

DP-2 - Broad Form

Named Peril - fire lightning, EC, V&MM and burglar damage, weight of ice, sleet, or snow, artificially generated electrical current, falling objects, freezing, accidental discharge, tearing, cracking, burning, or bulging




other coverages:


Trees, shrubs, and plants - %% of Coverage A up to $500


Collapse


Glass




Exclusions:


everything under DP-1 except for plants

DP-3 Special Form

Open Peril A&B


Named Peril C - same perils as DP-2


same other coverages




same exclusions as DP-2 plus:


weather conditions


acts or decisions,


faulty, defective, inadequate



Other conditions and Provisions




Dwelling Forms

DP-1 Loss Settlement: ACV but not more than amount required to repair or replace




DP-2 and DP-3: Coverage C is covered at ACV, Coverage A&B is covered at emplacement cost




1. if insured to at least 80%, the policy will pay replacement cost with no deduction for depreciation. Smallest amount from limit of liability on policy, replacement cost, amount required to repair or replace.




2. If not insured to 80% policy will pay larger amount from ACV or Coinsurance Formula



Coinsurance Formula

only used when property is not insured to 80% of value




Insurance carried/insurance required X RC




Value = 250,000


Insurance = 150,000


RC =100,000




150,000/(.80 X250,000) X 100,000 = 75,000

Personal Liability Coverages - Endorsements for dwelling

Coverage L: Personal Liability. provides $100,000 per occurrence ( higher limits available for higher premium). Negligence must be proven




Coverage M: Med pay to others. $1,000 per person (high limits available for higher premium)




Coverages


1. Claims expenses


2. First Aid expenses


3. Damage to property of others



Theft Coverage endorsements for dwelling

Broad Theft Endorsement: owner occupied dwellings, coverage for theft/attempted theft and V&MM




only covers vacant property for up to 30 days




will pay $1,000 for all theft except for $200 on money, $2,000 on firearms, and $2,500 on silverware




broad theft exclusions: aircrafts, motor vehicles and stuff inside motor vehicles, property for delivery or sale, business property, animals, property of others who are not related to insured, credit cards




Limited Theft Endorsement: tenant coverage. Only offers on premise coverage. Only insured is covered.

Homeowners Policy Sections

Package Policy




Section 1: Property


A: Dwelling


B: Other Structure


C:Personal Property


D:Loss of Use




Section 2: Liability


E: Personal Liability


F: Med Payments




*HO-4 (tenants) does not include A&B


*HO-6 (condo) does not include B

HO forms

HO-1 Basic


HO-2 Broad (owner occupied)


HO-3 Special (owner occupied)


HO-4 Tenants


HO-5 Comprehensive (owner occupied)


HO-6 Condominium


HO-8 Modified form for special risks (owner occupied)

HO Eligibility

1-4 units


2 families per unit


must purchase full package


dwelling only used for residential purposes




HO 4 Eligibility: rental of a single family residence




HO 6 Eligibility: owner of a condo unit




HO 8 Eligibility: owner of an older or unusual construction - replacement cost exceeds market value



Definitions (same in all HO policy forms)

Defines:


aircraft, hovercraft, and motor vehicle liability


Bodily injury (bodily harm)


Business (over $2,000 a year means business)


Employee


Insured: named insured, residents, relatives, someone in your care under 21 yrs old, student enrolled in school full time,


Insured Location:residence, other structures, where insured is residing, pretty much anywhere the insured is thats not being used for business


motor vehicle


occurrence


property damage


residence employee


residence premise: dwelling where you reside



Section 1 of HO

f