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135 Cards in this Set

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Indemnity

Restoration to approximate previous financial condition no more no less

Violation of indemnity

Collecting twice for one occurrence

Insurance

An economic device used to protect against the risk of unforeseen and extraordinary financial loss

Reserve

A pool of collective premiums at the insurer sets aside to pay claims

Premium

A premium is a fee that insured pays in exchange for insurance coverage

Insurance policy

A legal contract between the insurer and insured

Contract of adhesion

Only one party dictates the terms while the other party simply agrees to them

The insurer creates the contract not the insured

Utmost good faith

Then sure agrees to pay in case of a loss the insured agrees to not conceal or misrepresent pertinent facts

Aliatory contract

Elliotore contract means that neither party knows the future losses are when the event will occur. Other words it means being left up to chance

Insurances are unilateral

Unilateral means that only one part of the party is obligated to pay in an event of an insured lost

Conditional contract

The insurer only has to perform if certain conditions are met

D i c e

Every insurance policy has a declaration page, insuring agreement,conditions and exclusions

Declaration page

The deck page makes contract specific to the policyholder a general overview of the policy will include a details names of both parties insured and ensure policy number location of description of insured item value of ice insured item date and policy beginning and end amount and limit of coverage deductible and premium

Insuring agreement

Where the insure and insured agree on what is covered in the coverage

Exclusion

List of what the policy does not cover

Endorsements

Auditions to the policy that can be added it modifies the coverage of the original contract it can add or subtract coverage

Certificate of insurance

Includes basic details of the insurance policy and proof of coverage

Risk

Risk is the potential for financial loss being exposed or open to damage of an insured item

Speculative risk

It is not a covered loss it's when one person takes a chance in losing because there is no way of knowing whether the loss Will be beneficial or not

Pure risk

Can be insured there's no chance of getting and no way to know whether there will be a loss or no loss

Hazard

A condition that increases the likelihood or severity of a loss

Exposure

Exposures the possibility of a loss

Peril

The actual cause of loss or damage for example lightning fire flood or vandalism

Loss

The value of an assured item is reduced by a peril. Also known as the amount paid out after a clean is settled.

Risk management

Having a plan for how to deal with possible future losses

Actuary

Is it professional who studies and measures risk

Risk avoidance

Eliminates risk by not taking an action that involves risk

Risk reduction

Taking measures to reduce the risk involved in actions also called risk mitigation

Risk transference

Management of severe risk by transferring the risk to another party for example purchasing insurance

Risk retention

Acknowledging the risk and preparing to handle unexpected losses that may occur

Comprehensive

Damages done from out of your control example acts of nature

Collision

Damages that you have done to your car for example hitting a pothole or driving into standing water

Parties

First party is the name of the insured second party is insurance company the third party is the claimant or the TPC

Binder

Temporary coverage for an insurance applicant until the policy is issued

Blanket insurance / blanket coverage

Blankets more than one property, type of property, or coverage under a single limit

Specific limits

Limits that apply to one specific type of property like jewelry

Representation

A statement of fact

Misrepresentation

A foster stored or deceitful statement of fact or opinion even if made unintentionally

Warranty

Some of the conditions page it promises or guarantees that a certain conditions will be met

Concealment

Deliberately withholding relevant information

Waiver

Voluntarily surrender of Rights claims or privileges. Expressed waiver is a written or signed document. implied waiver assumes based on action.

Estoppel

Legal principal that prevents an insurer from the nine coverage of the insured has reasonable come to believe that he has such coverage based on the insurance practice

Reformation of an insurance policy

The correction of an insurance policy by Court to accurately Express the true nature of the agreement between the insurer and the insured

Hazards increased risk for the insurer

Various types of hazards morale, moral, physical, and legal

Moral hazard

results from policy holders deliberate decision and actions. (Immoral behavior)

Morale hazard

Takes place with an insured acts differently because of the comfort the insurance protection provides (careless)

Physical hazard

Physical conditions that increase the chance of loss

Legal hazard

Increased chances of loss due to legal action example a legal system that favors those who file lawsuits for monetary gain

Fraud

The act of deliberately altering or missrepresentation of the truth

Hard fraud

Deliberately planning or faking a loss

Soft fraud

Exaggerating a claim to inflate the indemnity

Insurance claim

A demand for payment in accordance with the terms of an insurance policy

Claimant

Someone who has filed a claim

First party claim

A claim filed by the policy holder against his or her own insurance policy

Third party claim

A claim filed against an insurance policy by anyone other than the person named on the policy

Five steps to claim process

Filing a claim, acknowledgment, investigation, evaluation, and adjustment

Valuation

The process of estimating one item is worth

Actual cash value

Evaluation method that takes into account an items depreciation

Replacement cost

A method of valuation based on the cost of replacing an item at current market price regardless of depreciation

depreciation

An item estimated loss of value due to wear, tear, and age

Annual depreciation

Replacement cost divided by the items useful life

Replacement cost

Based on the replacement cost of the time of the loss generally have higher premiums

Replacement cost and principle of indemnity

The insured cannot profit from a loss at times they sure will often pay the half amount and will pay the


remainder after the replacement

Functional replacement cost

Pizza place an outdated or absolutely item with functional equivalent item not an identical item

Obsolescence

When something is no longer used or wanted despite being in good working order usually a result of a newer improved alternative

Valued policy also known as a agreed value or guaranteed value

Evaluation method that assigns a set value to each insured

Stated amount / stated value

Property value stated by the insured when applying for insurance


Partial lost

When an insured property is only partially damaged and repair costs fall within the policy limit

Total loss

When insured property is damaged so badly that is not worth repairing

Actual total loss

When property is completely destroyed and unrepairable

Constructive total loss

When the concert appearing damage property is higher than the property's current value

Deductibles

The amount of policy holder must pay out of pocket before the insurer will pay for losses

Fix deductible

A specific set amount insurer has to pay out of pocket

Percentage deductible

The insured pays a percentage of insured risk value

Franchise deductible

Policy kicks in only after the loss exceeds the predetermined amount

Coinsurance

Encourages the ensure to purchase an adequate amount of coverage typically at least 80% of the property's value

Coinsurance penalty

Underinsured when the home is insured for less than 80% of its value


If a property is underinsured and sure will only cover a percentage of partial losses

Liability insurance

Obligated according to law or equity; responsible for a loss

Negligence

Feel it reuse a reasonable degree of care in a particular situation including both the wrongful acts and acts of omission

Vicarious liability

The transfer of negligence from one part to another example if Johns negligent acts take place at work his employer is very curious reliable for his actions

Full liability

The insured party is 100% at fault for damages to a third party

Partial liability

Mission party is only partially at fault or shares fault with a third party the third party has some part in his own damages

No liability

I'm sure party has 0% or no liability in the damages to a third party

Assumption of risk

The claim and you have potential to experience damage or injury claim it will not be eligible for reimbursement

Contributory negligence

Play the part in the negligence receives no indemnification

Comparative negligence

And I just turned my seat to suggest to clean it was example 75% responsible and the policyholder was 25% responsible for damages

Modified comparative negligence

If plaintiff is found to be 50% or more at fault they will not receive indemnification

Res ipsa loquitur

It speaks for itself

Strict liability

Holds a party 100% liable for damages

Dangerous instrumental doctrine

Inherently dangerous activity doctor and holds a party strictly liable for damages caused during inherently dangerous activity

Single limit policy insurance

Establishes one maximum payout for liability damages caused by the policyholders limit applied for each occurrence

Split limit liability insurance

Establishes three different limits on how much the policy will pay up limit One Max payout for bodily injury for each person injured limits you max payout for bodily injury from multiple person limit three max payoff for property damage

Aggregate limit liability insurance

Typically found a commercial liability policies establishes to liability limits number One max payout for damages or injury per occurrence limit to max amount the policy will pay per term

Statutory law

Based on written laws ( state legislature)

Common law

Based on Court decisions and customs when statutory law does not provide an answer

Tort law

The body of law that addresses and provides remedies for any civil wrongdoing performed on another party

Tort

Any civil wrongdoing weather intentional or unintentional

Intentional tort

A premeditated act that causes injury to a third party

Negligent tort

Negligent act that causes unintentional injury to third party

Compensatory damages

Money awarded for tangible and intangible economic loss

Special damages

Compensatory damages awarded for tangible losses with quantifiable value

General damage

Compensatory damages are determined by the court and awarded for intangible emotional losses that are not quantifiable for example future losses mental English permanent injury loss of reputation pain and suffering future losses due to unemployment

Punitive damages

Money awarded to punish egregious misconduct


For intentional acts such as slander fraud violence oppression and recklessness not covered under liability insurance

Statute of limitations

A law limiting the amount of time an injured party has to file a complaint after an occurrence

Discovery rule

Statutes of limitations run from when an injury is or should have been discovered

Wrongful death act

Law that defines the right of individuals who are associated with someone who has killed because of negligent act for example plaintiff May sue for damages such as loss of a companionship loss of income and pain and suffering

Sovereign immunity

Lotto 6 people from suing governmental entities

Waiver of sovereign immunity

Law that allows individuals to sue governmental entities for damages in certain cases

Automobile no fault laws

Restriction individuals rights to sue the driver of a motorized vehicle

Steps of the claim process

1.Acknowledge the claim 2.established lines of communication 3.prepared necessary paperwork 4.determine ensures liability in the claim 5.investigate the losses 6.determine the time and cost of repairs 7.apply all policy coverages and provisions 8 negotiate a settlement 9. prepare final reports

Proof of loss forms:

Often due within 60 days

Why might an insurance send a claimant a reservation of Rights letter?

To let the cleaning know that there is a coverage dispute

Evaluation step 1

Determine time and cost of repairs

Evaluation step 2

Apply policy coverages and provisions example of policy limits exclusions or penalties

Evaluation step 2 common settlement options

1.to repair property 2. replace with like kind and quality 3.replace with new 4. pay fair value for damaged property

Dispute resolution

Absolute last resort litigation should be last resort can be expensive and unpredictable this is when claims go to the court

Arbitration

A legal technique used to settle disputes outside the court of law and arbitrator Is a neutral third party and a arbitrators decision is legally binding cost less to taxpayers then a court of law less formal atmosphere but allows more evidence arbitrators often have more expertise than juries.

Mediation

Like arbitration uses a neutral third party mediators only advised in the negotiation a mediator's decision is not legally binding unlike arbitrators settlement is only legally binding of both parties agree to it either party may walk away (impasse) and then both parties will proceed to arbitration

Full release settlement

Also called for release of all claims and settlement agreement. All damages paid at once. Most common settlement option. Insure pays immediate, single lump sum toclement. Claimant signs for release form that release isn't sure from additional claims.

Scheduled payment release / open-ended release

Ensure grease to put all compensatory damages up to the point of settlement, insurers also pay for certain future incidental related to the claims, most commonly used in workers comp claims

Partial release stress payment and property damage/bodily injury pending

Involves claims that have property damage and bodily injury ensure that modifies all property damages while it awaits the proper identification for bodily injuries

Advanced payment settlement

Use the claimants damages are mostly bodily injury in the claimant is unable to work, it involves a series of partial payments that would be subtracted when the final settlement amount is determined, decreases chances of lawsuit.

No release settlement / Walk away settlement

Ensure pays the bills submitted by the claimants signing and cashing check substitutes for the release form

Structured settlement

Series of smaller payments over time, reserved for larger claims and sure often must pay portion up front

ISO

Insurance services offices- national organization, produces standardized insurance forms for insurers to use, collect statistical data, provides reading information, works with State regulators on behalf of subscribing ensures.

AAIS

American association of insurance services national organizations produce standardized insurance forms for insurers to use collect statistical data provide rating information work with State regulators on behalf of subscribing insurers

Monoline policy

An insurance policy that covers only one risk or type of risk

Common fire exclusions

Earthquakes,floods,war and acts of terrorism,nuclear hazards, governmental actions,intentional loss such as arson mutiny, or military action ordinance,or law

Property coverage

Covers physical losses to the home and associated structures

Liability coverage

Covers losses experienced by a third party for which of the policy holder is liable

Exclusions to homeowners property

Ordinance or law, earth movement, water damage, off-premises power failure, neglect, war, nuclear hazard, intentional acts, mechanical breakdown

Texas HOA policies

HOA policies are very basic homeowners policies, they provide actual cash value coverage on a name peril basis for your home and personal property

Texas HOA amended

Very similar to the HOA policy provides actual cash value for home and personal possessions on a name peril basis only but it expands coverage by protecting against a broader array apparels.

Texas hob homeowners policy

The hob policy is the most popular policy issued in Texas it provides a thorough range of protection and replacement cost coverage for dwellings offers open perils for coverage aidwelling and named peril coverage for coverage b personal property

Dwelling policy

Single family homes, wonderful unit dwellings, dwellings know more than five occupants, mobile homes is permanently installed, incidental business risk if Ensure allows.