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67 Cards in this Set
- Front
- Back
Risk: |
uncertainty in situations with two or more outcomes |
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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 |
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Peril |
cause of a loss fire, water, lightening, theft, etc. |
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economic loss |
decrease in value, quality, or quantity of assets could result from death, injury, property damage, stolen property, etc. |
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Indemnity |
principal stating insured cannot profit from a loss and should be returned to same financial status as right before loss occurred |
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Deductible |
Amount of monetary loss an insured must take before policy will pay toward loss higher the deductible lower the premium |
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Misrepresentation |
oral or written misstatements of fact concerning insurance transaction if deemed material, it could void a policy |
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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 |
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Concealment |
misrepresentation by silence must be material to void policy |
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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 |
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Liability |
when one is liable for damage resulting in their negligence causing harm to another 3rd party cov. |
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Supplementary Payments |
paid in addition to limits of liability and include payments for defense cost, bail bonds, loss of earning |
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Bodily Injury |
Injury, sickness, or disease sustained by anyone during the policy period - including death |
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Property Damage |
damage to tangible property during policy period - and includes loss of use as a result |
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Personal Injury |
injuries other than bodily harm ex: slander, libel, false arrests, etc. covered under CGL policies |
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Accident/Occurence |
unplanned event which occurs suddenly and can be identified by place and time |
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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 |
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COI |
a certificate of insurance is evidence to show policy is written and in effect |
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Binder |
statement that provides temporary insurance coverage for specify period of time written or oral |
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Endorsements |
documents attached to policy that changes policy provisions in some way restricts or broadens coverage |
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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 |
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First named insured |
first name on dec page - highest level of rights on policy and receives notices |
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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 |
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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. |
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Insurance |
social device for spreading chance of loss among large number of people reducing one persons risk of disastrous financial consequences |
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Application |
document used to gather necessary info to determine if particular risk is acceptable to insurer |
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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. |
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subrogation |
assigning rights of indued to insurer to recover damages from 3rd party who can be found negligent for causing a loss |
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Named insured |
named on dec page - makes decisions |
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Insurable Interest |
Person must be in a position to suffer a financial loss if their assets suffer a covered loss |
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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) |
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Named Peril |
specifically names all of the perils covered under the policy |
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Open Peril |
insures against all perils except for those specifically listed under exclusions |
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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) |
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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 |
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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 |
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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 |
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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 |
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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 |
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Inception/expiration for SFP |
policy begins and ends at 12:01 am |
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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 |
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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 |
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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 |
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Concealment, misrepresentations, fraud SFP |
voids policy |
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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 |
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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 |
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Subrogation SFP |
condition stating the insured is required to give all rights of recovery from negligent party to insurer |
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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 |
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Abandonment SFP |
can't drop damaged property off and demand money |
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Waiver SFP |
waivers must be n writing and attached to policy to be valid |
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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 |
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Eligibility dwelling |
up to four units and no more than 5 roomers per unit. NO FARMS renters, owners, landlords |
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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 ^^ |
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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 |
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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 |
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Extended Coverages |
WC SHAVVER Wind Civil Commotion Smoke Hail Aircraft Vehicles volcanic Eruption Explosion Riot |
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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 |
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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 |
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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 |
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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 |
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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 |
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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. |
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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 |
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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) |
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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 |
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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 |
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Section 1 of HO |
f |