Business Law Chapter 28: Insurance Objectives
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Questions and Answers

The Genetic Non-Discrimination Act allows individuals to be forced to undergo genetic testing for insurance purposes.

False (B)

An insurance policy allows a business to shift the risk of various kinds of losses.

True (A)

Under the Genetic Non-Discrimination Act, insurance companies are allowed to use genetic test results without client consent.

False (B)

The Canadian Coalition for Genetic Fairness supports the idea that genetic test results should be disclosed to insurance companies.

<p>False (B)</p> Signup and view all the answers

The average annual insured damages from severe weather events between 1983–2008 was $3.1 billion.

<p>False (B)</p> Signup and view all the answers

Insurance companies argue that the Genetic Non-Discrimination Act could lead to lower claims costs for them.

<p>False (B)</p> Signup and view all the answers

Insurance is considered a comprehensive solution for all business risks.

<p>False (B)</p> Signup and view all the answers

Severe weather has led to an increase in insurance premiums and changes in coverage availability.

<p>True (A)</p> Signup and view all the answers

Individuals who fail to disclose their genetic predispositions can have their insurance contracts voided.

<p>True (A)</p> Signup and view all the answers

Insurance prevents losses from occurring in the first place.

<p>False (B)</p> Signup and view all the answers

Disclosing genetic predisposition is always beneficial for individuals seeking insurance coverage.

<p>False (B)</p> Signup and view all the answers

In 2022, the insured damages from severe weather reached $5 billion.

<p>False (B)</p> Signup and view all the answers

The Genetic Non-Discrimination Act carries penalties of up to $1 million for violations.

<p>True (A)</p> Signup and view all the answers

The distribution centre at Sunbury is responsible for waste disposal.

<p>False (B)</p> Signup and view all the answers

The relationship between genes and disease is always clear and certain.

<p>False (B)</p> Signup and view all the answers

The insurer receives a payment known as a premium from the insured party.

<p>True (A)</p> Signup and view all the answers

Kathy can insure her son Ian's car without having an insurable interest in it.

<p>False (B)</p> Signup and view all the answers

Once the mortgage is paid off, the bank's insurable interest in the property persists.

<p>False (B)</p> Signup and view all the answers

In contracts of indemnity, a person may profit from the insured event.

<p>False (B)</p> Signup and view all the answers

Sunbury can collect the total loss amount from multiple insurance companies when both have insured its facilities.

<p>False (B)</p> Signup and view all the answers

A co-insurance clause is intended to encourage insuring property for more than its actual value.

<p>False (B)</p> Signup and view all the answers

Ian must give his consent for Kathy to insure his vehicle since he is the legal owner.

<p>True (A)</p> Signup and view all the answers

The bank stands to gain from the destruction of the plant if it has an existing mortgage.

<p>False (B)</p> Signup and view all the answers

Insurable interest must exist at the time the insurance contract is made to be valid.

<p>True (A)</p> Signup and view all the answers

An insurer is not permitted to deny coverage for non-disclosure if the loss is unrelated to the undisclosed information.

<p>False (B)</p> Signup and view all the answers

The insured must disclose all matters that are known to them, even if they are common knowledge.

<p>False (B)</p> Signup and view all the answers

The duty to disclose information to an insurer is only applicable at the time of applying for coverage.

<p>False (B)</p> Signup and view all the answers

Welding operations are commonly known to pose a risk of fire, so it is not necessary for the insured to disclose this hazard to the insurer.

<p>True (A)</p> Signup and view all the answers

If an insured party changes the nature of their business, they are required to inform the insurer in writing.

<p>True (A)</p> Signup and view all the answers

The insurer has the right to cancel the policy if the insured leaves the premises vacant without notification.

<p>True (A)</p> Signup and view all the answers

The obligation to disclose only applies to the initial application for the insurance policy.

<p>False (B)</p> Signup and view all the answers

An insured can feel confident that they must disclose everything to the insurer to avoid having their policy declared void.

<p>False (B)</p> Signup and view all the answers

Closure due to COVID contamination can trigger business interruption insurance coverage.

<p>True (A)</p> Signup and view all the answers

Sunbury can be held liable for clean-up costs even after it no longer owns the polluted land.

<p>True (A)</p> Signup and view all the answers

Pollution exclusion clauses in insurance policies are designed to broaden coverage for environmental claims.

<p>False (B)</p> Signup and view all the answers

Environmental impairment liability policies tend to be less expensive than standard commercial general liability policies.

<p>False (B)</p> Signup and view all the answers

The term 'pollutant' in commercial general liability policies includes thermal irritants.

<p>True (A)</p> Signup and view all the answers

Litigation regarding pollution exclusion clauses has been minimal since their introduction.

<p>False (B)</p> Signup and view all the answers

An operational management policy is a foolproof way to prevent environmental accidents.

<p>False (B)</p> Signup and view all the answers

Business interruption insurance exclusively covers losses unrelated to physical damage.

<p>False (B)</p> Signup and view all the answers

Commercial crime insurance protects businesses from employee theft but not from embezzlement.

<p>False (B)</p> Signup and view all the answers

Directors and Officers Liability Insurance covers personal liability for failing to remit taxes.

<p>True (A)</p> Signup and view all the answers

Precision expected indemnification for chemical escape due to its activities.

<p>False (B)</p> Signup and view all the answers

Employee theft costs Canadian businesses approximately $1.4 million dollars annually.

<p>False (B)</p> Signup and view all the answers

The Supreme Court of Canada agreed to hear the appeal regarding the pollution exclusion policy.

<p>False (B)</p> Signup and view all the answers

Sunbury is particularly vulnerable to the theft of drugs due to their portability and high market value.

<p>True (A)</p> Signup and view all the answers

Employers frequently recover losses from dishonest employees through legal action.

<p>False (B)</p> Signup and view all the answers

Corporate liability can be incurred for permitting the release of non-toxic substances into the environment.

<p>False (B)</p> Signup and view all the answers

Flashcards

Insurance Coverage

A contract where an insurer agrees to compensate the insured for a specific loss.

Insurer

The party who provides insurance coverage and promises compensation if loss occurs.

Insured

The individual/business that purchases insurance coverage.

Insurance Premium

The payment made by the insured to the insurer for insurance coverage.

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Risk Management

A process used to identify, assess and manage potential threats or hazards.

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Severe weather

Extreme weather conditions, potentially leading to damage and higher insurance costs.

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Cost of Insurance

The price to purchase insurance coverage.

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Insurance limitations

Insurance doesn't prevent losses or negative publicity.

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Genetic Non-Discrimination Act

Canadian legislation making it illegal to force genetic testing as a condition to access services or to use genetic test results without consent.

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Insurance discrimination (genetics)

Using genetic predispositions to deny insurance coverage, raise premiums, or reduce benefits.

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Genetic testing

Process of analyzing an individual's genes to identify potential health risks.

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Insurance contract (good faith)

Contracts requiring full disclosure of material facts affecting coverage & premiums.

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Risk to insurance companies (genetic)

Potential for higher claims costs and premiums due to individuals knowing their genetic risks.

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Preventative measures (genes)

Actions people might take to mitigate the impact of a potential genetic predisposition.

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Complexity of gene-disease relationship

The intricate and uncertain connection between specific genes and the development of a disease.

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Increased insurance claims (genetic)

Concerns that individuals with known genetic predispositions might seek higher insurance coverage.

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Insurance Disclosure Duty

Insured individuals have a responsibility to disclose material information to the insurance company, affecting the risk assessment.

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Material Change

A significant alteration in the risk factors, requiring notification to the insurer, affecting the insurance policy.

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Common Knowledge Exception

Insurers are expected to know information widely known or publicly available.

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Duty to Disclose (Ongoing)

The expectation that the policyholder actively reports any changes pertinent to the risk to the insurer after the initial insurance application.

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Policy Voidability

A policy can become invalid if the insured fails to disclose material information, potentially eliminating coverage if a claim occurs.

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Non-Disclosure Impact

Insurance coverage may be denied, even if the loss isn't directly related to the undisclosed information.

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Statutory Conditions

Legal requirements outlining the obligations of the insured in reporting critical alterations to the risk, specified by law.

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Welding Example

Knowledge of inherent dangers associated with welding (e.g., sparks causing fire) is implicitly expected from the insurance company. Therefore, omitting this fact from disclosure forms doesn't count as a failure.

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Pollution Exclusion

A clause in an insurance policy that excludes coverage for pollution-related damages, even if the insured wasn't directly responsible for the pollution.

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Commercial Crime Insurance

Insurance that protects businesses against financial losses caused by dishonest acts of their employees, such as theft, embezzlement, or forgery.

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Employee Theft

The act of an employee stealing from their employer, potentially impacting business finances.

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Directors and Officers (D&O) Liability Insurance

Insurance that safeguards company directors and officers from personal liability for their decisions or actions while managing the company.

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Corporate Liability

Legal responsibility that falls on a company for the actions or inaction of its directors and officers.

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Errors and Omissions (E&O)

Mistakes or oversights made by directors and officers, which can lead to legal claims or financial losses.

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Federal & Provincial Legislation

Laws from the national and local governments that may impose personal liability on directors and officers for various offenses.

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Toxic Substances Release

The accidental or intentional release of harmful substances into the environment, potentially leading to legal consequences.

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Insurable Interest

A legal principle that states that an individual can only insure something they have a financial interest in. This means they could suffer a financial loss if that thing is damaged or destroyed.

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Indemnity Principle

A core principle in insurance that prevents the insured from profiting from an insured event. They can only be compensated for actual losses.

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Co-Insurance Clause

A clause in some property insurance policies that requires the insured to cover a certain percentage of the property's value themselves. This discourages underinsurance.

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Contribution Principle

If multiple insurance policies cover the same loss, the insurer who paid the claim can seek reimbursement from other insurers based on their proportional liability.

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Why can't Kathy insure Ian's car?

Kathy doesn't have an insurable interest in Ian's car because she doesn't own it and wouldn't suffer a financial loss if it was damaged. Only the owner has insurable interest.

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Who has insurable interest in a property?

The owner or anyone with a financial interest who would suffer a loss if the property was damaged. Mortgage lenders have insurable interest until the mortgage is paid off.

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Can you insure something you don't own?

No. Only the owner or someone with a financial interest (like a lender) can insure a property because they are the ones at risk of financial loss.

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Can you profit from an insurance claim?

No, insurance contracts are designed to indemnify (compensate) you for your losses, not to make you richer.

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Pollution Exclusion Clause

A common provision in Commercial General Liability (CGL) policies that excludes coverage for losses arising from the release of pollutants.

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Pollutants

Substances that can harm the environment, including solids, liquids, gases, and heat.

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Environmental Impairment Liability

The legal responsibility for cleaning up and compensating for pollution caused by a business.

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Operational Management Policy

A strategy for businesses to minimize environmental risks and prevent accidents.

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Subsequent Owner Liability

A business can be responsible for environmental damage even if they no longer own the property.

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Why are Environmental Impairment Liability policies expensive?

The potential for extensive liability and high clean-up costs makes these policies costly.

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What is the effect of a Pollution Exclusion Clause?

This clause limits or denies insurance coverage for losses caused by pollution, even if the incident was unintentional.

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Why is the Pollution Exclusion Clause so broad?

The clause is designed to exclude coverage for a wide range of pollution incidents, aiming to limit insurer liability.

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Study Notes

Chapter 28: Insurance - Objectives

  • Understanding the role of insurance in risk management.
  • Understanding the nature of insurance contracts, including rights and obligations of the insurer and insured.
  • Understanding the various types of insurance.

Business Law in Practice - "Gotcha"

  • Simon Balistar, Vice President of Operations, received a message on his work computer from hackers demanding $100,000 in Bitcoin.
  • The message also stated that personal customer information would be released if the demand was not met within 24 hours.
  • Simon contacted Sunbury's Chief Technology Officer (CTO), who confirmed that ransomware had blocked the company's operating system.
  • Sunbury had a comprehensive insurance program in place after a previous incident of extreme flooding.
  • Sunbury manufactures various products, including medicines, generic pharmaceuticals, over-the-counter drugs, conducts clinical trials and provides patient support services.
  • Sunbury's facilities include a manufacturing plant, a waste disposal site, and a distribution center with delivery trucks.

Introduction

  • Insurance is a core component of effective risk management.
  • It facilitates the transfer of various risks to an insurance company.
  • In exchange for insurance premiums, the insured receives protection against loss or damage.
  • Severe weather events (floods, wildfires, etc.) can cause substantial insured damages, with payouts increasing.

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Related Documents

Chapter 28: Insurance PDF

Description

Explore the critical role of insurance in risk management and learn about the rights and obligations of both insurers and the insured. This quiz also helps you identify and understand various types of insurance contracts through a contemporary business law example involving ransomware. Test your knowledge on business law principles and insurance practices.

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