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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.

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.

Is insurance primarily regulated by state or federal

State

Purpose of judicial branch?

Interpreting and determining Constitutionality of statutes

Purpose of legislative branch

Pass insurance laws and regulations

Purpose of executive branch?

Enforces insurance laws

Which act determined that federal government can't regulate insurance

McCarran-Ferguson act of 1945

Define stock insurance company

Owned by stockholders and shareholders, stockholders receive taxable dividends as a return of profit

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

Define reciprocal insurance company

Unincorporated group owned insurers that exchange insurance among each other

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

Define Fraternal benefits society

Usually non profit, charitable activity providing life and health insurance to its members

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

Define residual markets

A private coverage as last resort for someone who cannot find coverage with any voluntary market insurers

Define risk sharing plan

Insurers agree to portion among themselves the risks unable to obtain insurance through normal channels

Define domicille

Refers to the jurisdiction of an insurer

What can a non-admitted insurer issue?

Surplus and excess

Define exclusive/captive agency

Deals with insured through captive agent, meaning they solely represent 1 company. Agent is an employee or commissioned independent contractor.

Define direct writing system

Producer/agent is an employee of the insurer, paid either by just salary, or can additionally make commission

Define independent agency

Enters into agency agreements with multiple insurers, and retaine ownership of written business. An independent contractor receives commission

Define career agency system

Agents are recruited, trained and supervised by agent who is contracted with a company

Define personal producing general agent

Doesn't recruit career agents. Maintains its own staff and sells insurance with carriers

Define direct mail response company

Direct marketing style system, sells direct to the public through licensed employees

Define mass marketing

Targeting a specific type of insurance

In the law of agency who is the producer acting on behalf of?

The principal

Define express authority

Written into contract

Define implied authority

Not specifically in the contract but is reasonable to assume duties are necessary

Define apparent authority

When a producer exceeds the authority stated in the contract

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.

What is the merchant marine act (Jones act) for?

Allowing workers comp options for seamen

What is the motor carrier act?

Prohibits any entity from interfering with truckers setting their own rates.

What is the Gramm-Leach-Bliley act?

Requires a privacy notice on policies w/ the right to opt out

What is the violent crime control & law enforcement act?

Prevents people with previous dishonesty or breech of trust felonies from working in insurance

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.

Define adverse selection

Risks more prone to losses than the average insurance, so they seek insurance in a specific market.

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

Define indemnity

Insured return to previous state after loss, doesn't make profit

Define tort law

Torts are civil wrongs not crimes, they result in injury or harm that constitute a claim from a third party

Define estoppel

Prevents denial of fact, fact was stated true previously

Define hold harmless agreement

Contract agreement that transfers liability from 1 party to another

Define parol evidence rule

Contract may not be altered without written consent of both parties

What is "consideration" when referring to a contract

An exchange or something of value (i.e premium)

Define contract of adhesion

Insurer writes the contract and the applicant can take it or leave it

Define aleatory

Exchange or value is unequal, payment for a claim is higher than premium

Define value contract

Contract that pays a stated amount in the event of loss

Define indemnity contract

Agreement to pay on behalf of another party under specific circumstances

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

Define representations

Statement true to the best of one's knowledge

Define class rating

Rate charged based of a group who have similar exposures/experience

Define experience rating

Based on individual loss history

Define individual rating

Specialty risk, small amount of data

Define "A" rating/judgment rating

Rating that uses underwriters best judgement on the risk posed

Define loss cost rating

A rating organization provides insurers with a portion of the rate but then they must input expense and profit

Define manual rating

Rates contained in a manual published by the insurer

Define merit rating

Rating the rewards the insured for taking risk preventing steps

Define retrospective rating

Rating that adjusts the policy premium based on current loss experience

Define schedule rating

Method of rating risks by using charges and credits to modify a rate based on particular risk

Define open competition

State relies on competition between insurers to produce fair rates

Define case reserve method

A loss reserve established for each claim when reported

Define loss ration method (loss reserves)

Based apon expected losses for a particular class or line

Define tubular method (loss reserves)

Based on life expectancy or expected disability

Loss ration formula

Paid losses+loss reserves÷total earned premium

Expense ratio equation

Total operating expenses÷written premiums