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Agent/Producer
a legal representative of an insurance company; the classification of producer usually includes agents and brokers; agents are the agents of the insurer
Applicant or Proposed Insured
a person applying for insurance
Broker
an insurance producer not appointed by an insurer and is deemed to represent the client
Insurance Policy
a contract between a policyowner (and/or insured) and an insurance company which agrees to pay the insured or the beneficiary for loss caused by specific events
Insured
A person covered by an insurance policy. This person may or may not be the policyowner
Insurer (principal)
the company who issues an insurance policy
Policyowner
the person entitled to exercise the rights and privileges in the policy
Premium
the money paid to the insurance company for the insurance policy
Reciprocity/Reciprocal
a mutual interchange of rights and privileges
Insurance transfers...
the risk of loss from an individual or business entity to an insurance company which in turn spreads the costs of unexpected losses to many individuals.
Risk
The uncertainty or chance of a loss occurring.
Pure Risk
a risk that presents the chance of loss but no opportunity for gain
Speculative Risk
Chance of loss or gain
Exposure
A unit of measurement used to determine rates charged for insurance coverage.
Homogenous
a large number of units having the same or similar exposure to loss
Hazards
Conditions or situations that increase the probability of an insured loss occurring.
Physical Hazard
those arising from the material, structural or operational features of the risk
Moral Hazards
refer to those applicants that may lie on an application for insurance, or in the past, have submitted fraudulent claims against an insurer
Morale Hazard
A condition of carelessness or indifference that increases the frequency or severity of loss.
Perils
the causes of loss insured against in an insurance policy
Life Insurance
insures against the financial loss caused by the premature death of the insured
Health Insurance
insured against the medical expenses and/or loss of income caused by the insured sickness of accidental injury
Property Insurance
insures against the loss of physical property or the loss of its income producing abilities
Casualty Insurance
insures against the loss and/or damage of property and resulting liabilities
Loss
the reduction, decrease, or disappearance of value of the person or property insured in a policy caused by a named peril
Avoidance
eliminating exposure to loss
Retention
Planned assumption of risk by an insured through the use of deductibles, co-payments, or self-insurance.
Sharing
A method of dealing with risk for a group of individual persons or businesses with the same or similar exposure to loss who share the losses that occur within that group.
Reduction
lessen the possibility or severity of a loss
Transfer
loss is borne by another party
Pure risk characteristics
1. due to chance
2. definite and measurable
3. statistically predictable
4. not catastrophic
5. randomly selected and large loss exposure
Adverse selection
the insuring of risks that are more pronte to losses than the average risk
Law of Large numbers
the larger the number of people with a similar exposure to loss, the more predictable actual losses will be
Stock Companies
1. owned by stockholders who provide the capital necessary to establish and operate the insurance company and who share in any profits or losses
2. non participating
3. taxable dividends are paid to stockholders
Mutual Companies
1. owned by the policyowner
2. participating policies
3. nontaxable
Fraternal Benefit Societies
an organization formed to provide insurance benefits for members of an affiliated lodge
Surplus Lines
Insurance for which there is no readily available, admitted market.
Example of insurance companies financial integrity rating services
1. AM BEST
2. FITCH
3. STANDARDS AND POORS
4. MOODYS
5. WEISS
Independent Agency System/American Agency System
1. 1 independent agent represents several companies
2. nonexclusive
3. commissions on personal sales
4. business renewal with any company
exclusive agency system / captive agents
1. 1 agent represents 1 company
2. exclusive
3. commisions on personal sales
4. renewals can only be placed with the appointing insurer
general agency system
1. general agent-entrepreneur represents 1 company
2. exclusive
3. compensations and commisions
4. appoints subagents
managerial system
1. branch manager
2. salaried
3. agents can be insurer employees or independent contractors
direct response marketing ssystem
1. no agents
2. company advertises directly to consumers
4. consumers apply directly to the compnay
reinsurance
a contract under which one insurance company (the reinsurer) idemnifies another insurance company for all or part of its liabilities
Risk retention group
A liability insurance company owned by its members, which are exposed to similar liability risks by virtue of being in the same business or industry.
risk purchasing group
an entity which offers insurance to groups of similar buisness with similar exposures to risk
Essential elements of a contract
1. agreement
2. consideration
3. competent parties
4. legal purpose
Contract of Adhesion
prepared by one of the parties (insurer) and accepted or jected by the other party (insured)
aleatory contract
exchange of unequal amounts of values
personal contract
between the insurance company and an indiviual
unilateral contract
only one of the parties to the contract is legally bound to do anything
conditional contract
requires that certain conditions must be met by the policy owner and the compmny in order for the contract to be executed
utmost good faith
Implies that there will be no fraud, misrepresentation or concealment between the parties.
rescision
when an insurance applicant intentionally fails to communicate information that the insurer needs the insurer has the right to cancel the policy even if the failure to communicate is discovered after the policy has been issued
waiver
the voluntary act of relinquishing a legal right claim or privlege
estoppel
a legal process that can be used to prevent a party to a contract from reasserting a right or privlege after that right or privlege has been waived. Estoppel is the legal consequence of a waiver
Earned Premium
the portion of premium paid in advance that now belongs to the insurer because it applies to the elapsed part of the policy
Implied Warranty
a legal term meaning that a product is suitable for its intended purpose and that it fits an ordinary buyer's expectations
inception
the date at which the insurance policy goes into effect
obsolescence
depreciation in the value of a property due to becoming outdated
Insurable interest
Any financial interest in life or property such that, if the life or property were lost or harmed, the insured would suffer financially.
must exist at the time of loss
Requirements to prove insurable interests
1. legitimate financial interest in perserving the property to be insured
2. there must be no potential for gain
3. there must be a potential for loss
Underwriting
The process of reviewing, accepting or rejecting applications for insurance.
The underwriters function
refers to the operations of an insurance company where an employee, called an underwriter, is responsible for evaluating applications submitted to the insurer and determining whether a policy should be issued, and if so, the terms, conditions and rates for that policy
loss ratio
(incurred losses + loss adjustment expenses) / premiums earned
Insurance risk score
a point system used by insurance underwriters to predict risk and possibility of claims, and determine charges for premiums
insurance rate
the amount an insurance company charges a policyholder for a certain amount of insurance
Class / Manual Rating
The practice of computing a price per unit of insurance that applies to all applicants possessing a given set of characteristics.
Individual Rating
A rate used for a policyholder because a large enough pool of similar risks is not available to any other type of rate.
Primarily used for commercial and specialty risks because of the number of unique variables involved.
Judgment Rating ("A" Rating)
Judgment rating establishes a particular rate for the applicant's specific risk. The underwriter uses their best judgment about the risk to establish its rate.
Schedule Rating
A method of rating property and liability risks by using charges and credits to modify a class rate based on the nature of the particular risk being rated.
Experience Rating
A rating plan that adjusts the premium for the current policy period to recognize the loss experience of the insured organization during past policy periods.
Retrospective Rating
A self-rating plan under which the actual losses during the policy period determine the final premium (subject to a minimum and maximum premium).
Merit Rating
a rating plan by which class rates are adjusted upward or downward based on individual loss experience
Defenses against negligence
1. assumption of risk
2. comparative negligence
3. contributory negligence
4. intervening cause
5. statute of limitations
assumption of risk
A defense against negligence that can be used when the plaintiff was aware of a danger and voluntarily assumed the risk of injury from that danger.
comparative negligence
A theory in tort law under which the liability for injuries resulting from negligent acts is shared by all parties who were negligent (including the injured party), on the basis of each person's proportionate negligence.
contributory negligence
A legal defense that may be raised when the defendant feels that the conduct of the plaintiff somehow contributed to any injuries or damages that were sustained by the plaintiff.
special damages
A form of compensatory damages that awards a sum of money for specific, identifiable expenses associated with the injured person's loss, such as medical expenses or lost wages.
blanket insurance
A single property insurance policy that provides coverage for multiple classes of property at one location, or provides coverage for one or more classes of property at multiple locations.
Examples of conditions
1. inspections may be made as needed by the insurer
2.changes to policy
3. liberalization caluse
4. return of premium
Examples of exclusions
1. earth movement
2. water damage
Cancellation
the termination of an in-froce insurance policy, by either the insurerd or the insurer prior to the expiration date shown in the policy
Non-renewal
The termination of a policy at the expiration of its term. The policy does not renew and no coverage is provided after the expiration date.
Earned premium
(amount of policy / term of policy ) x Calculation period
Flat cancellation
when a policy is cancelled upon its effective date and there is generally no premium penalty
Pro rata refund
the unused premium (based on the pro rata portion of the premium for the number of days remaining in the policy) returned to the insured when a policy is canceled
Short rate cancellation
A cancellation of insurance that incurs a financial penalty. Sometimes when the insured cancels the policy before its expiration date, a short-rate cancellation is issued. The insurer retains a portion of the unearned premium to cover costs.
10% penalty
deductible
Amount you must pay before you begin receiving any benefits from your insurance company
coinsurance
insurer agrees to maintain a certain minimum amount of insurance on the insured property
(insurance carried / insurance required) x loss amount = loss payment
assignment
the trasnfer of a legal right or interest in an insurance policy
abandonment
the relinquishing of insured property into the hands of another or into the possesion of no one in particular
liberalization
extends broader legislated or regulated coverage to current policies as long as it does not result in a higher premium
standard mortgage clause
Protects the interest of the financial institution against loss to real property caused by perils insured against.
loss payable clause
used to cover the interest of a secured lender in personal property
no benefit to the bailee
A provision that excludes any assignment or granting of any policy provision to any person or organization holding, storing, repairing, or moving insured property for a fee.
incidental occupancy
minor uses that are accessory to or support the predominant occupancy
Dwelling Property Policy
*developed by ISO to be used primarily as property coverage form
*can insure dwelling only, contents only or both
*basic, broad, special
*Liability not included but can be added
*up to 5 roomers or boarders
*up to 4 residential units
* properties in the course of instruction
*owner occupied, tenant occupied or both
* mobile homes on the basic form only; if they contain no more than one apartment, and are located at a permanent location listed in the policy
*seasonal dwellings unoccupied for 3 or more months during a 12-month period
* not designed as a farm property
Dwelling Policy Form Structure
1. Agreement
2. Definitions
3. Deductible
4. Coverages, including Other Coverages
5. Perils Insured Against
6. General Exclusions
7. Conditions
Basic Form
DP1 Named Peril
Basic Perils:
Fire
Lightning
Internal Explosion
Extended Perils:
Windstorm
Hail
Aircraft/Vehicles
Riot/Civil Commotion
Volcanic Eruption
Explosion
Smoke
may also add coverage for vandalism and malicious mischief if extended coverage for perils