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26 Cards in this Set
- Front
- Back
underlying insurance |
insurance that applies below an excess or umbrella liability policy |
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how does liability loss exposure differ from property loss exposure w regard to assessment of maximum possible loss |
estimating maximum possible loss for liability is harder to estimate than in property loss exposures. |
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why commercial liability ins often in "layers" |
to obtain limits of liability in it deems desireable
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aggregate limits of liability affect a commercial entity's need for liability insurance |
several claims in policy period could exhaust aggregate limits of primary policy in which insd would have no primary cov for additional claims against the policy. insured needs some way of covering possiblities
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excess liability policy |
policy that covers liability claims in excess of the limit of an underlying pol or a stated retention amount
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why are excess liability and umbrella liability policies used |
to insured liability loss exposures that are too severe to be adequately covered under primary liability pol
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basic difference between excess liability and umbrella policy |
excess is not broader than underlying. umbrella provides broader coverage than underlying
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2 reasons why distinction btwn excess and umbrella liability coverage is often unclear |
* court and many in the ins profession use the terms interchangeably
* many insurers providing excess and umbrella liability ins do not sue standardized policies |
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self contained excess liability policy |
excess liability policy that is subject to its own provisions only and does not depend on the provisions of the underlying policies for determining scope of its coverage
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aggregate or stop loss excess liability insurance policy |
excess liability policy that requires the insd to retain a specified amount of loss from the first dollar during a specified period of time, usually 1 year; the insurer then pays all loss for that period that exceeds the retention up to the policy limit
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3 forms that an excess liability ins pol may take |
* following form policy subject to the same provision as the underlying policy
* self contained policy subject to its on provisions only * combination of 2 types |
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circumstances a following form excess liability policy cover claim in excess of underlying limits |
following form will cover claim only if the loss is covered by underlying insurance
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why coverage gaps may occur btwn excess and underlying layers when a self contained excess liabillity policy is used |
bc self contained excess liability policy does not depend on the provisions of underlying policies for determining scope of coverage.
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distinguishing feature of true umbrella policy |
provision stating that the policy applies over self insd retention if the underlying policy does not cover the loss by the umbrella
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contrast specific excess liability policy w aggregate excess liability policy |
specific excess liability policy requires the insd to retain a stipulated amount of loss from 1st dollar for all losses. aggregate policy required the insd to retain a specified amount of loss from the 1st dollar during specified period of time
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drop down coverage |
coverage provided by many umbrella policies for 1. claims not covered at all by underlying policies and 2. claims not covered by underlying pol only bc underlying policy aggregate limit is depleted
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self insured retention (SIR) |
amount that is deducted from claim that are payable under umbrella liability policy and that are not covered at all by any primary policy
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maintenance of underlying insurance condition |
umbrella policy condition that obligates the insured to maintain all required underlying coverages in full force and effect during the policy period
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when self insured retention applies to claims payable by liability ins |
only when a claim covered by the umbrella pol is not also covered by primary policy |
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underlying coverages usually required by umbrella liability insurer |
commercial general liability, business auto liability, and employers liability
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types of limits that apply to umbrella liability policy |
each occurrence and aggregate limt
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basic types of injury or damage usually covered in insuring agreement of umbrella liability policy |
bodily injury, property damage, advertising injury, and personal injury
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working layers |
layers of coverage in an organization's insurance program that are most often called on to pay claims
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buffer layer |
level of excess insurance coverage btwn a primary layer and umbrella policy
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3 problems that occur when liability insurance is layered |
* application of aggregate limits may vary in each layer
* excess policies may differ as to defense coverage * excess layers over the first umbrella layer may purport to be following form polices but in fact may contain restrictions not present in the umbrella layer |
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how do risk manager deal w fact that there is no monetary limit amount that a jury may award |
by buying the highest limit they can obtain and hope the limits are adequate |