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How many years are numbers listed on the Do Not Call list
5 Years
When does the notice to the applicant regarding the Fair Credit Reporting Act need to be given?
At the time of application
The Insurer seeking reinsurance is the ______, while the insurer assuming the risk is the ______.
ceding insurer, reinsurer
What is actual or expressed authority?
When an agent’s authority is defined in the agent’s contract
An exclusive or captive agency employs ______ agents who agree to market products of _____ insurer.
independent, one
Two basic types of reinsurance
Facultative and Automatic
Direct agents employ _____ agents
Captive
Who does a broker represent?
The consumer
Who issues participating insurance policies?
Mutual Companies
How many days must Do Not Call List numbers be removed?
31 Days
What is automatic reinsurance?
Reinsurance that does not allow the reinsurer to reject the risk.
Who manages a reciprocal?
An attorney-in-fact
An unincorporated organization in which members insure one another is known as ______
Reciprocal
If a person needs to obtain coverage for a substandard or unusual high risk, what kind of broker would he need?
Surplus Lines Broker
What is implied authority?
Authority not specifically defined in the contract but considered to be an extension of regular duties
What term describes a business that assumes the total risk of potential losses?
Self-Insured
Which type of reinsurance allows the reinsurer to reject the risk?
Facultative Reinsurance
Apparent Authority
When the public merely perceives an agent as having a type of authority
Primary duties of an underwriter
Assess risks, approve or deny applications, determine premiums, and protect the insurer against adverse selection.
Which type of insurer is owned by its policyholders?
A mutual comapny
Insurance policies are contracts of what?
Contract of adhesion
A person in a position of trust, with collected premiums, is referred to as?
Fiduciary
Risk
Uncertainty or chance of financial loss
The offer and acceptance is also known as
The agreement
Loss Exposure
A hazardous condition brought about by the nature of an insured’s activities
Estoppel
When an insurer fails to void a contract and still must accept a claim.
Error and omission
An unintentional error or honest mistake by a producer
Which two legal principles prevent an insurer from denying a claim?
Waiver and Estoppel
Who develops the language in a one-sided, unilateral contract?
Written by the insurer
Pure Risk
The only risk that can by insured
Purpose of insurance (transfer of risk)
To restore a person to the same financial position that existed prior to the loss (indemnity)
Four elements of an enforceable contract
Offer and acceptance, consideration, competent parties, and legal purpose
A conditional contract
Requires both parties to satisfy terms before it can be executed
Consideration
An exchange of values between two parties
Warrenty
A statement that is guaranteed to be absolutely true
Insurable risk
Accidental, measurable, and definable
Peril
Cause of a loss
Which type of uninsurable risk provides the chance for financial gain
Speculative Risk
Representations
Statements made by an applicant when answering questions about the application
Contract of Adhesion
An insurance policy drafted by an insurer and accepted/adhered to by an applicant
A contract that pays a large amount in return for a smaller fee
Aleatory Contract
What happens to an insurance contract if an applicant makes a material misrepresentation
Contract is voided
Adverse Selection
When an insurer approves coverage for more bad risks than good risks
What does an insurer receive in return of assuming risk
Premium
Three types of hazards
Physical, moral, morale
5 Methods of Risk management
Avoidance, retention, sharing, reduction, transfer
Combined Ratio
Is an insurer’s total loses and operating expenses, divided by earned premiums
Any endorsements must be
Attached to the policy
Substandard Risk
Higher than average risk
Preferred risk
Better than average risk
Risks that have high exposure to loss
Adverse Selection (floods)
Rate
The price paid per unit of coverage
Contents of total premium
Earned and Unearned Premium
Negligence
When an individual violates the expectations of a prudent person
The Insuring Clause
A summary of the entire contact
Insurable Interest
When an insured has a financial exposure
When does someone become liable
When they cause bodily injury or property damage to someone
6 parts of a property and casualty policy structure
Definitions, Declarations, Insuring Agreement (promises), Conditions (rights and duties), Exclusions (perils not covered), Endorsements
Actual Cash Value
A loss valuation: Replacement Cost minus Depreciation
Special Perils
Open Perils
Underwriting
Making certain that a premium is adequate for the loss exposure
Moral Hazard
When an insured Acts in a way that makes the possibility of a loss more likely
Vicarious Liability
A responsible person pays damages caused by another person
4 Elements of negligence
Duty, Breach, Proximate Cause, Damages
Unearned Premium
Premiums paid for insurance coverage that is not provided
Salvage Value
When an insurer pays a total loss, the damaged property is owned by the insurance comapany
When loss occurs, an insureds must do 3 things (CPR)
report the Claim, protect the undamaged Property, coopeRate with the company claims professionals
Pro Rate Refund
When an insurer cancels the policy
Short Rate Refund
When an insured cancels a policy
Earned Premiums
Premiums that an insurer is entitled to
Arbitrations Clause
Differences in property loss claim amounts may be settled using appraisal
Functional Replacement Cost
Pays a claim when old, obsolete, antique, or custom material or methods are no longer feasible
The higher the deductible
The lower the premium
An insurance company can settle a claim by
Repairing or replacing it
Split Limits
Separate amounts available for separate coverage for one Occurrence (per person / per occurrence)
Subrogation
The insurance company has the right to recover from the third party causing the loss
Solvent
I am financially strong
Vacant
No people No Stuff
Occupancy
No people
Bailee
Has care, custody, and control of an insureds property at time of loss
Where in the contract does it say an insurer makes its promise to pay benefits
Insuring clause
3 ways to calculate each companies portion of settlement when “other insurance” is involved in a loss.
Primary/Excess (auto owners policy is primary and operators policy is secondary), Pro Rate(% of loss is based on % of total coverage), contribution by equal shares (each company pays equally until policy limit is paid out)
Compensatory Damages
Compensation to injured party, specific billed amounts
Assignment
Transfer of ownership (prohibited in property contracts)
Deductible
First applied towards a claim
Liberalization
When the insurer amends the policy and broadens coverage at no additional premium
Duty to Defend
Pays attorney fees, court costs, and costs of investigation,no maximum dollar amount
First named insured has 5 rights an duties
Receive cancellation notice, nonrenewable notices, premium refunds, must provide notice of loss and pay premiums
Aggregate Limit
Total Amount a policy will pay for all covered loss in a policy limit, resets at policy renewal for commercial and after each loss for personal
Coinsurance Clause
Requires the insured’s policy limit must equal or exceed a minimum specified amount
Who pays the cost of the appraisal or arbitration clause
Both the insured and insurer pay for their own appraisers sharing the cost for an umpire equally
Market Value
The price at which property will sell in the regular marketplace and is unique in that land value is included
Co-insurance formula (replacement cost for loss)
************
Reason for purchasing Dwelling policy insurance
The dwelling does not meet the minimum property value required for homeowners ($25,000) or the insured dwelling is under construction or the residential dwelling is not owner-occupied
Which Dwelling policy coverages are a time element paying for indirect loss
Coverage D Fair rental value and Coverage E Living expences
Special Form DP-3 (coverage perils and payment valuation)
Open perils and replacement cost loss for payment dwelling and ACV on contents
3 Dwelling policy forms
DP1-Basic, DP-2Broad, DP-3Special
Hostile Fire
When a fire escapes from its intended location
What 3 optional coverages are available in Dwelling Policy form
Water Backup ($5,000 limit) 100% water damage coverage in Coverage A
Dwelling insurance is limited to how many units
4