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4 ways to deal with risk
Risk Avoidance
Risk Reduction/Control
Risk Retention
Risk Transfer
most practical way for dealing with risk
Risk transfer, achieved through insurance
5 elements required in all contracts
Agreement
Consideration
Legal Capacity
Legality of Object & Purpose
Genuine Intention
Which is not permitted to enter a contract
Trade Names
3 additional elements of insurance contracts
Utmost Good Faith
Indemnity
Insurable Interest
3 duties owed by brokers to INSUREDS
Careful and prompt attention to instructions
Expert advice
Competitive pricing on products
2 duties owed by brokers to INSURERS
Collection of premiums
Passing on of relevant information obtained
Point in time used by insurers to measure the amount of indemnity to be paid by the policy
Measured by the value of the insured property as it existed immediately prior to the less
Where the broker obtains the authority to bind an insurer on a risk
Agency Agreement
What should a broker do who has provided an oral binder on a risk
Should be immediately confirmed in writing
What might happen when brokers exceed their binding authority and a loss occurs
Errors & Omissions claim
3 ways brokers might exceed their binding authority (given by an insurer)
May bind property risk for higher amounts than set out in the agency contract
May bind risk which is on the decline list in the agency contract
May bind a liability risk for higher limits than set out in the agency contract
3 criteria used to determine amount of indemnity to be paid (property insurance policy)
Interest of the insured in the property
Actual Cash Value of item at time of loss
Limit of insurance provided by the policy
Which amount is deemed to represent the actual amount of the insured’s loss
The least of ACV, insurable interest, limit of insurance
Formula for ACV
ACV = RC - Depreciation
3 factors considered by adjustor when determining amount of depreciation to be charged
Condition of object
Normal Life expectancy
Resale value
3 reasons why governments are involved in the regulation of industry
To ensure insurance companies will be financially competent to discharge their obligations
To ensure forms of contracts are drafted fairly
To ensure business is being conducted to the general benefit of the public
explain the role of the Property Casualty Insurance Compensation Corporation
To protect the consumer against insurer insolvency.
3 coverages required under all policies of fire insurance
Fire
Lightning
Explosion of Natural, Coal, or Manufactured Gas
Would fire insurance policy cover: Fire damage to dwelling which arose when iron used to press insured’s pants overheated? Damage to pants being ironed at the time?
Dwelling: yes (resultant damage)
Pants: may not be covered
Would fire insurance policy cover: lightning damage to wiring in motor of deep freeze? Resultant fire damage to deep freeze?
lightning damage to wiring: not covered
resultant damage: covered
Would fire insurance policy cover: damage to electrical wiring in fridge moto caused by power surge? resultant fire damage to fridge?
Electrical damage: not covered
Resultant damage: covered
Would fire insurance policy cover: fire damage to insured’s dwelling caused during invasion of foreign enemy?
Not covered