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84 Cards in this Set

  • Front
  • Back

Indemnity

Restoration of pre-loss financial position

Insurable Interest

If a loss takes place, the insured must lose financially/incur some harm



3 Purposes


-To prevent gambling


-To reduce moral hazard


-To measure the amount of loss in property insurance.

Subrogation

When a loss payment is made as a
result of a third party’s fault,
insurer can claim for indemnity.

Utmost good faith

Higher degree of honesty required from
parties to an insurance contract than
from parties to other contracts

4 requirements of an insurance contract

-Offer and Acceptance
-Consideration
-Competent Parties
-Legal Purpose

Unique Legal Characteristics of
the Insurance Contract

-Aleatory Contract.
-Unilateral Contract.
-Conditional Contract.
-Personal Contract.
-Contract of Adhesion.
-Principles of reasonable expectations

Parts of an Insurance policy

-Declarations & Definitions



-Insuring Agreement (3 areas)


Life Insurance


Property Insurance


-->Named Peril approach (covers certain risks lower premiums)


-->All-risks approach (cover all risks higher premiums)


Liability Insurance


-->Duty to defend


-->Pay on behalf of insured



-Conditions



-Exclusions


Reasons for exclusions


-->Lower the cost


-->Moral Hazard Problems


-->Coverage provided by other contracts


-->Coverage not needed by typical insured


-->Presence of extraordinary hazards


Excluded property, excluded perils, excluded losses


-Endorsements/Riders

Bill’s house is valued $200,000. He purchased a
HO insurance policy which contains an 80%
coinsurance clause. His house was damaged in
a windstorm and he filed a $10,000 claim. How much will his insurance company pay if he purchased $160,000 coverage? $120,000?

Amt.of Recovery= Amt.Purchased/Amt.Required
×Loss


$160,000 coverage: (160,000/(0.8*200,000))*10,000=


$10,000



$120,000 coverage:


(120,000/(0.8*200,000))*10,000=


$7,500

Loss Sharing Provisions

(Prevent profiting from insurance and violation of the principle of indemnity)


Deductible


Coinsurance


Policy Limits


Other provisions


-Pro Rata


-Equal Shares


-Primary/Excess

Coinsurance

-The insurer pays only a stated percentage of losses.


-Insurer pays the lesser of:

1) amount of recovery calculated above,

2) amount of insurance coverage purchased

3) the actual loss

-The insurer pays only a stated percentage of losses.


-Insurer pays the lesser of:
1) amount of recovery calculated above,
2) amount of insurance coverage purchased
3) the actual loss

Major Types of Private Insurers

• Stock Insurers
• Mutual Insurers
• Lloyd’s Associations
• Fraternal Insurers
• Reciprocal Exchanges
• Blue Cross/ Blue Shield Plans
• Health Maintenance Organizations (HMOs)

Stock insurers

A corporation owned by stockholders, with an objective to earn profits for the stockholders.


Advantages


-Specialization


-Access to/monitored by capital market


-Managerial discretion


-greater risk taking, flexibility, limited liability.


Disadvantages


-Principal agent problem

Mutual Insurers

A corporation owned by the policyowners, that may pay dividends to the policyowners or give a rate reduction in advance.


Advantages


Dividends


Customer owner-conflict is controlled


Limited Liability


Disadvantages


Non-transferable ownership rights


-Less managerial discretion


No capital market monitoring

Lloyd's Insurers

Is the world's leading insurance market that provides services and physical facilities for its members to write specialized lines of insurance.

Holding Company

a company that directly or indirectly controls an authorized insurer. A mutual insurer is reorganized as a ______ ______ that owns or acquires control of stock insurance companies that can issue common stock.

Insurers Operations

􀂒 Underwriting
􀂒 Rate making
􀂒 Production (marketing)
􀂒 Claim settlement
􀂒 Reinsurance
􀂒 Investment
􀂒 Others

Types of Insurance lines

Single lines


Multiple lines

Paul v. Virginia 1868

Established the right of state to regulate insurance.

U.S. v. South-Eastern Underwriter Association in 1944.

Court held that insurance could be regulated by the United States Congressunder the Commerce Clause, overturningPaul v. Virginia. Congress responded by enacting the McCarran-Ferguson Act of 1945 which limited antitrust laws' applicability to the business and assured state authority would continue over insurance.

McCarren-Furgeson Act 1945

Continued regulation and taxation of the insurance industry by state are in the public interest.

Gramm-Leach-Bliley Act 1999

Insurers, banks, security firms, and other financial institutions are allowed to affiliate with each other and do business across sectors.

Issues with State Regulations

-Lack of uniformity in state regulation


-The quality of regulation varies by state
-Insolvency externality (costs of insolvency
are borne in other states)
-Regulators captured by local industry
-Licensing issues

Issues with Federal Regulations

-States have local needs (Imposition of
Uniform rules not desirable)
-No regulatory competition


-Potential increase of systematic risk if government fails to regulate properly

Methods of Insurance Solvency Detection

-IRIS


-FAST


-Risk Based Capital

IRIS

Insurance Regulatory Information System (1973)


If a company fails four or more ratios a more in depth review is conducted, then various degrees of intervention are called for.


-Explanation by company


-Company Proposes Solutions


-Regulator imposes solutions


-More investigation followed by regulatory action


-Formal regulatory action

Fast

More involved than IRIS.


Higher score, higher likelihood of trouble/more risk


Determines risk based on a scoring system.

Risk Based Capital Rules (RBC)

Originated from Banking


An insurer must increase reserves if more risk is taken on.


4 Categories: Asset, Interest Rate, Insurance/Underwriting, General Business.


Very few companies actually fail.

Rate Regulation Problems: Availability problem

Price ceiling below the competitive market price results in insurers offering less insurance than consumers will want to buy.


In the long-run insurers will be forced to leave the market if they are unable to charge a premium that covers costs.

Rate Regulation Problems: Quality of Service

-Tighter claims on policy


-Delaying claim payments


-Delaying dividends to policyholders

Taxation of Insurers

-Federal Income tax


-State premium tax on gross premiums


-State retaliatory tax laws

Underwriting

The process of selecting, classifying, and pricing applicants for insurance.


-Risk Selection


Target market determines standards

Rate Making

refers to the pricing of insurance and the calculation of insurance premiums.

Unearned premium reserve

a liability item on the insurer's balance sheet that represents an unearned portion of gross premiums on all outstanding policies at the time of valuation.

Reinsurance

an arrangement by which the primary insurer that initially writes the insurance and tranfers to another insurer part or all of the potential losses associated with such insurance

Ceding company

the primary insurer that initially writes the business (above reinsurers)

Benefits of reinsurance

Increased underwriting capacity


Stabilize profits


Reduce the unearned premium reserve


Provide protection against catastrophic loss

Production

the sales and marketing activities of insurers.

Actuary

the person who determines rates and premiums, a highly skilled mathematician who is involved in all phases of insurance company operations, including planning, pricing, and research

Producers

Agents who sell insurance are frequently referred to as _____?

Objectives in claims settlement

Verification of a covered loss


Fair and prompt payment of a claim


Personal assistance to the insured

Treaty Reinsurance

the primary insurer has agreed to cede insurance to the reinsurance, and the reinsurance has agreed to accept the business. All business that falls within the scope of the agreement is automatically reinsured.

Methods for sharing losses

-Pro rata


-Excess of loss.

Pro Rata

(loss sharing method)


The ceding company and the reinsurer agree to share losses and premiums based on some proportion.

Excess of loss

(loss sharing method)


the reinsurer pays only when covered losses exceed a certain level.

Reinsurance Pool

An organization of insurers that underwrites insurance on a joint basis. __________ _____ have been formed because a single insurer may not have the financial capacity to write large amounts of insurance, but the insurers as a group can combine financial resources as a group to obtain the necessary capacity.

Insurance Capacity

An insurance company's underwriting capacity to write new business. AKA the maximum amount of risk an insurance company can underwrite based on its financial condition.

Stabilize Profits

Something an insurer does if they wish to avoid large fluctuations in annual financial results, generally through the use of reinsurance.

Catastrophic loss protection

An insurance companies can reduce risk of hurricanes, natural disasters, industrial explosions, commercial airline disasters and similar event through the use of reinsurance this benefit is known as ______ ______ ________.

Facultative reinsurance

an optional case-by-case method that is used when the ceding company receives an application for insurance that exceeds its retention limit. A form of reinsurance whereby each exposure the ceding company wishes to reinsure is offered to the reinsurer and is contained in a single transaction.

Quota-Share Treaty

the ceding company and reinsurer agree to share premiums and losses based on some proportion. The ceding company's retention is stated as a percentage rather than a dollar amount.



Ex. Alpha Insurance and Beta Insurance enter this arrangement. Losses and premiums are shared 50% & 50%. A $100,000 dollar loss occurs and is paid by Alpha. Beta then pays Alpha $50,000 or 50% of the loss

Surplus-Share Treaty

The reinsurer agrees to accept insurance in excess of the ceding insurer's retention limit, also referred to as a line and is stated as a dollar amount. If the amount of insurance on a policy exceeds the retention limit, the excess insurance is ceded to the reinsurer up to some maximum amount.


$50,000 policy issued $20,000 Alpha $30,000 Beta $5,000 loss occurs Alpha pays 2/5 or $2000 Beta pays 3/5 $3000

Investments

An extremely important function in the overall operations of insurance companies that can aid in loss control. The funds available for this function are derived from premiums.

Life insurance investments

A ____ ______ divides its assets into 2 accounts, the assets in the general account support contractual obligations for guaranteed fixed dollar benefits such as death benefits. The assets in the separate account support the liabilities for investment risk products such as variable annuities, variable life insurance, and private pension benefits.

Securitization of Risk

When an insurable risk is transferred to the capital markets through creating of a financial instrument such as catastrophe bonds, futures contract, options contracts or other financial instruments.

Catastophe Bonds

corporate bonds that permit the issuer of the bond to skip or reduce coupon/interest payments if a catastrophic loss occurs.

Property and Casualty Invesments

These types of contracts are short term in nature (one year or less). Income from this function is extremely important in offsetting unfavorable underwriting experience.

Accounting

The function that creates and prepares an insurance companies financial statements, develop budgets, analyze the company's financial operations and keep track of the millions of dollars that flow in and out of a typical company each year.

Information systems

Systems that depend heavily on computers and new technology and have revolutionized the insurance industry by speeding up the processing and storage of information and by eliminating many routine tasks.

Legal Function

The functions within an insurance company where attorneys draft legal language and policy provisions in insurance policies and review all new policies before they are marketed to the public. Other activities include providing legal assistance to actuarial personnel who testify at rate hearings; reviewing advertising and other published materials; providing general legal advice concerning taxation, marketing, investments, and insurance laws; and lobbying for legislation favorable to the insurance industry.

Loss Control

An important part of risk managements, and a typical property and casualty insurer provides numerous ____-______ services. These services include advice on alarm systems, automatic sprinkler systems, fire prevention, occupational safety and health, prevention of boiler explosions and other ___-______ activities.

Principle of Utmost Good Faith

A higher degree of honesty is imposed on both parties to an insurance contract than is imposed on parties to other contracts.

Concealment

intentional failure of the applicant for insurance to reveal a material fact to the insurer

Misrepresentation

A false or misleading statement that, if intentional and material, can allow the insurer to void the insurance contract.

Warranty

A statement that becomes part of the insurance contract and is guaranteed by the maker to be true in all respects.

Waiver

The voluntary relinquishment of a known legal right.

Estoppel

When a representation of fact made by one person to another person is reasonably relied on by that person to such an extent that it would be inequitable to allow the first person to deny the truth of the representation.

Declarations

Statements that provide information about the particular property or activity to be insured.

Insuring agreement

Summarizes the major promises of the insurer.


Property insurance


-Named perils policy


-All-risks policy


Liability insurance


-Duty to defend


-Pay on behalf of insured

Conditions

Are provisions in the policy that qualify or place limitations on the insurer's promise to perform.

Property and Liability Insurance Marketing Systems

Independent agency system


Exclusive agency system


Direct Writer


Direct response system


Multiple distribution systems

Life Insurance Marketing systems

Agency Building systems


Nonbuilding agency system


Direct Response system

Agency building system

When an insurer builds its own agency force by recruiting, financing, training, and supervising new agents.

Nonbuilding agency system

When an insurer sells its products through established agents who are already engaged in selling life insurance.

Direct response system (health & life)

When life an health insurance is sold directly to customers without the services of an agent through tv, radio, mail, newspapers, and other media.

Independent agency system

A business firm that usually represents several unrelated insurers, the agents work on a


commission basis for insurers they have contracted with to sell or provide service on


insurance policies.


Exclusive agency system

When an agent represents only on insurer or group of insurers under common ownership.

Direct writer

An insurer in which the sales person is an employee of the insurer, not an independent contractor

Direct Response system (property casualty)

When property and Liability insurance is sold through the use of tv, telephone, mail, newspapers, and other media.

Multiple Distribution Systems

When insurance companies seek to increase profits through the use of a combination of marketing systems

Insurance broker

someone who legally represents the insured but does not have the authority to bind the insurer.

Fraternal Insurer

A mutual insurer that provides life and health insurance to members of a social of religious organization

Reciprocal exchange

An unincorporated mutual where insurance is exchanged among the members, each member of the reciprocal insures the other members and in turn is insured by them.

Health maintenance organizations

Organized plans of health care that provide comprehensive health-care services to their members.

Blue Cross Blue Shield

Nonprofit organizations that receive favorable tax treatment and are regulated under special legislation.