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63 Cards in this Set
- Front
- Back
NAIC What is it? What's its authority |
National Association of Insurance Comissioners. State and territorial, provides resources and research, promotes uniformity. Can't inact Insurance laws. |
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FIO what is it? What authority does it have? |
Federal insurance office. Monitors insurance industry and gives access to underserved communities. Not a regulator of insurance. |
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Is insurance primarily regulated by state or federal |
State |
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Purpose of judicial branch? |
Interpreting and determining Constitutionality of statutes |
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Purpose of legislative branch |
Pass insurance laws and regulations |
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Purpose of executive branch? |
Enforces insurance laws |
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Which act determined that federal government can't regulate insurance |
McCarran-Ferguson act of 1945 |
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Define stock insurance company |
Owned by stockholders and shareholders, stockholders receive taxable dividends as a return of profit |
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Define mutual insurance company |
Owned by policyholders, a board of trustees is elected by the policyholders. Recieve non-taxable dividends as a return of unised premium. Typically issuing participating policies |
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Define reciprocal insurance company |
Unincorporated group owned insurers that exchange insurance among each other |
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Define Lloyd's of london |
Consists of a group of underwriters called syndicates who write coverage for specific risks. Members are individually liable. Coverage underwritten by syndicate manager |
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Define Fraternal benefits society |
Usually non profit, charitable activity providing life and health insurance to its members |
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Define risk retention groups (RRG) |
Primarily assume and spread liability risks among its members, owned by policy holders. Must be made of a large group insuring similar exposure |
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Define residual markets |
A private coverage as last resort for someone who cannot find coverage with any voluntary market insurers |
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Define risk sharing plan |
Insurers agree to portion among themselves the risks unable to obtain insurance through normal channels |
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Define domicille |
Refers to the jurisdiction of an insurer |
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What can a non-admitted insurer issue? |
Surplus and excess |
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Define exclusive/captive agency |
Deals with insured through captive agent, meaning they solely represent 1 company. Agent is an employee or commissioned independent contractor. |
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Define direct writing system |
Producer/agent is an employee of the insurer, paid either by just salary, or can additionally make commission |
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Define independent agency |
Enters into agency agreements with multiple insurers, and retaine ownership of written business. An independent contractor receives commission |
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Define career agency system |
Agents are recruited, trained and supervised by agent who is contracted with a company |
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Define personal producing general agent |
Doesn't recruit career agents. Maintains its own staff and sells insurance with carriers |
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Define direct mail response company |
Direct marketing style system, sells direct to the public through licensed employees |
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Define mass marketing |
Targeting a specific type of insurance |
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In the law of agency who is the producer acting on behalf of? |
The principal |
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Define express authority |
Written into contract |
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Define implied authority |
Not specifically in the contract but is reasonable to assume duties are necessary |
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Define apparent authority |
When a producer exceeds the authority stated in the contract |
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What is the fair credit reporting act for? |
Protects the consumers privacy and assures info will only be used for proper purposes. They also have the right to review and challenge incorrect info. No lawsuits over 7 years no bankruptcy over 10 years. |
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What is the merchant marine act (Jones act) for? |
Allowing workers comp options for seamen |
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What is the motor carrier act? |
Prohibits any entity from interfering with truckers setting their own rates. |
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What is the Gramm-Leach-Bliley act? |
Requires a privacy notice on policies w/ the right to opt out |
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What is the violent crime control & law enforcement act? |
Prevents people with previous dishonesty or breech of trust felonies from working in insurance |
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What is speculative and pure risk, which one can be insured |
Speculative can have a negative or positive outcome, like gambling. Pur risk can only have a negative outcome, pure risk is insured. |
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Define adverse selection |
Risks more prone to losses than the average insurance, so they seek insurance in a specific market. |
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6 characteristics of insurable risk |
1. Large group of similar units 2. Loss must be calcuable 3. Lost must be measurable 4. Premiums must be affordable 5. Loss must be accidental 6. No Catastrophic perils |
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Define indemnity |
Insured return to previous state after loss, doesn't make profit |
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Define tort law |
Torts are civil wrongs not crimes, they result in injury or harm that constitute a claim from a third party |
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Define estoppel |
Prevents denial of fact, fact was stated true previously |
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Define hold harmless agreement |
Contract agreement that transfers liability from 1 party to another |
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Define parol evidence rule |
Contract may not be altered without written consent of both parties |
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What is "consideration" when referring to a contract |
An exchange or something of value (i.e premium) |
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Define contract of adhesion |
Insurer writes the contract and the applicant can take it or leave it |
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Define aleatory |
Exchange or value is unequal, payment for a claim is higher than premium |
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Define value contract |
Contract that pays a stated amount in the event of loss |
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Define indemnity contract |
Agreement to pay on behalf of another party under specific circumstances |
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Define unilateral contract |
Only one party is legally bound, only the insurer makes future promises. And only they can be charged with breech of contract |
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Define representations |
Statement true to the best of one's knowledge |
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Define class rating |
Rate charged based of a group who have similar exposures/experience |
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Define experience rating |
Based on individual loss history |
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Define individual rating |
Specialty risk, small amount of data |
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Define "A" rating/judgment rating |
Rating that uses underwriters best judgement on the risk posed |
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Define loss cost rating |
A rating organization provides insurers with a portion of the rate but then they must input expense and profit |
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Define manual rating |
Rates contained in a manual published by the insurer |
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Define merit rating |
Rating the rewards the insured for taking risk preventing steps |
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Define retrospective rating |
Rating that adjusts the policy premium based on current loss experience |
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Define schedule rating |
Method of rating risks by using charges and credits to modify a rate based on particular risk |
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Define open competition |
State relies on competition between insurers to produce fair rates |
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Define case reserve method |
A loss reserve established for each claim when reported |
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Define loss ration method (loss reserves) |
Based apon expected losses for a particular class or line |
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Define tubular method (loss reserves) |
Based on life expectancy or expected disability |
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Loss ration formula |
Paid losses+loss reserves÷total earned premium |
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Expense ratio equation |
Total operating expenses÷written premiums |