Florida Claims Adjuster Exam Review
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Questions and Answers

What does Section 624.155 of the Florida Statutes provide?

That any person who is damaged by certain insurer practices is granted a right to sue the insurer for damages.

What is the principle of utmost good faith?

An insurance contract is based on serious responsibilities for the claim adjuster regarding conduct, work habits, and specific claims handling activities.

What does 10/20/10 mean?

10=10,000 Livability per person injured, 20=20,000 Combined Total Liability for all injuries, 10=10,000 Property Damage.

What is SR-22?

<p>A form of coverage known as a NAMED NOOWNER policy required for insurance coverage while operating cars owned by others.</p> Signup and view all the answers

What must happen for financial responsibility when it did not exist at the time of the accident?

<p>The legally valid claims of others must be satisfied up to the 10/20/10 requirements and certification of financial responsibility must be provided.</p> Signup and view all the answers

What are the main elements of the Florida Law regarding insurance?

<p>Compliance with the law provides limited immunity from tort suits and substitutes legal liability damages with Personal Injury Protection (PIP).</p> Signup and view all the answers

How many days does a non-resident's vehicle physically present in Florida have subject to the No-fault law?

<p>90 days.</p> Signup and view all the answers

What are the three penalties for non-compliance with compulsory insurance requirements?

<p>The owner is denied immunities from legal liabilities, personally liable for PIP benefits, and subject to suspension of driver's license and vehicle registration.</p> Signup and view all the answers

What does Extended PIP do?

<p>Increases medical benefits from 80% to 100% and income loss from 60% to 80%, applying only to named insured and family members.</p> Signup and view all the answers

What does additional PIP do?

<p>Increases the $10,000 limit by amounts such as $10,000, $25,000, $40,000, and $90,000, applies only to the insured and family members.</p> Signup and view all the answers

What is a Personal Auto Policy?

<p>It is used to insure the automobile exposures of individuals and families.</p> Signup and view all the answers

What is a Business Auto Policy?

<p>It insures the automobile exposures of businesses.</p> Signup and view all the answers

What kinds of autos are covered under a Business Auto Policy?

<p>Includes private passenger type autos, public autos, commercial autos, and special types of vehicles.</p> Signup and view all the answers

What is a Garage Coverage Form?

<p>Used to insure businesses engaged in selling, servicing, repairing, parking, or storing autos.</p> Signup and view all the answers

What is a Truckers Coverage Form?

<p>Used to insure businesses that are hired to transport goods for someone else.</p> Signup and view all the answers

What does a Business Auto Coverage Form cover?

<p>Insures the automobile exposures of all businesses other than garage or trucking businesses.</p> Signup and view all the answers

What is included in a Commercial General Liability contract?

<p>Declarations, common policy conditions, coverage forms, a Nuclear Energy Liability Exclusion endorsement, and various endorsements.</p> Signup and view all the answers

What are Declarations in an insurance policy?

<p>Identifies the named insured, states the policy period, premium, and limits of coverage.</p> Signup and view all the answers

What is a peril?

<p>Something that causes a loss.</p> Signup and view all the answers

What is a hazard?

<p>Something that increases the probability that a loss will occur.</p> Signup and view all the answers

What is a warranty in insurance?

<p>A policy condition that is a guarantee of a fact.</p> Signup and view all the answers

What is misrepresentation?

<p>An untrue statement by the insured made in an insurance application that does not become part of the policy.</p> Signup and view all the answers

What is concealment in insurance?

<p>The failure of the insured to reveal relevant facts known to the insured in applying for insurance.</p> Signup and view all the answers

What does abandonment mean in property insurance?

<p>The insured cannot dump damaged property on the insurer and demand its full value.</p> Signup and view all the answers

What is severability?

<p>The insurance applies separately to each insured as if other insureds did not exist.</p> Signup and view all the answers

What is proximate cause?

<p>The cause having the most significant impact in bringing about the loss under a first-party property insurance policy.</p> Signup and view all the answers

What is direct loss?

<p>Physical harm to tangible property.</p> Signup and view all the answers

What is indirect loss?

<p>Economic loss which flows as a result of direct loss.</p> Signup and view all the answers

What is Actual Cash Value (ACV)?

<p>Replacement Cost minus Depreciation.</p> Signup and view all the answers

What is coinsurance?

<p>The amount, generally expressed as a fixed percentage, an insured must pay against a claim after the deductible is satisfied.</p> Signup and view all the answers

What is a personal contract in insurance?

<p>Policies cover people who own and operate things, such as automobiles.</p> Signup and view all the answers

What is a conditional contract?

<p>A contract agreement that requires performance once the delineated conditions are met.</p> Signup and view all the answers

What is the principle of indemnity?

<p>When a loss occurs, the insured should be restored to the approximate financial condition before the loss.</p> Signup and view all the answers

What is insurable interest?

<p>The reasonable concern of a person to obtain insurance for any individual or property against unforeseen events.</p> Signup and view all the answers

What is a waiver?

<p>Implied voluntary relinquishment or agreement that excludes some losses or limits a claim.</p> Signup and view all the answers

What is express waiver?

<p>Occurs when the insurer or its representative knowingly gives up a known right under the insurance contract.</p> Signup and view all the answers

What is implied waiver?

<p>A waiver that is assumed to be in effect from a person's behavior.</p> Signup and view all the answers

What are damages in insurance?

<p>Monetary compensation awarded by a court to an injured party.</p> Signup and view all the answers

What is subrogation?

<p>When an insured collects damages from another party under the insurance policy, their rights are transferred to the insurer.</p> Signup and view all the answers

What do policy changes have to be?

<p>Made by the insurer, in writing.</p> Signup and view all the answers

What does the policy period state?

<p>Coverage applies only to losses that take place during the policy period.</p> Signup and view all the answers

What is policy territory?

<p>A condition limiting coverage to occurrences that take place within a stated geographical region.</p> Signup and view all the answers

What is the principle of indemnity?

<p>It dictates against duplicate recovery for the same loss.</p> Signup and view all the answers

What is cancellation in insurance?

<p>The insured may cancel at any time, while the company must provide advance notice to the insured.</p> Signup and view all the answers

What is an appraisal?

<p>A contract or written agreement affecting insurance, including all clauses and endorsements.</p> Signup and view all the answers

What is insurance?

<p>A contract whereby one undertakes to indemnify another upon determinable contingencies.</p> Signup and view all the answers

What is a binder in insurance?

<p>Acts as a temporary contract until the policy is issued.</p> Signup and view all the answers

How many days should an insurer give for prior notice of cancellation of a binder?

<p>5 days.</p> Signup and view all the answers

What is property insurance?

<p>Insurance wherein payment by the insurer will be paid directly to the insured.</p> Signup and view all the answers

What is liability insurance?

<p>Payment will be on behalf of the insured based on their liability.</p> Signup and view all the answers

What is a loss payee clause?

<p>A clause that provides payment to a third party rather than the insured in relation to insured risk.</p> Signup and view all the answers

What is a mortgage clause?

<p>A property insurance provision granting special protection for the mortgagee's interest.</p> Signup and view all the answers

What does 'other structures' cover?

<p>Items that are not permanently attached to the main dwelling, like a shed or fence.</p> Signup and view all the answers

What is commercial inland marine?

<p>Helps identify risks eligible for ocean or inland marine insurance.</p> Signup and view all the answers

What does building ordinance coverage do?

<p>Covers enforcement of laws requiring demolition of undamaged portions of buildings.</p> Signup and view all the answers

What is an umbrella policy?

<p>Covers a higher limit and protects against unforeseen events.</p> Signup and view all the answers

What is a known loss?

<p>Prevents coverage if the insured knew the loss was probable at the time of the insurance contract.</p> Signup and view all the answers

What is value reporting?

<p>The limit of coverage is set at an amount higher than expected peak values.</p> Signup and view all the answers

What is commercial property insurance?

<p>Covers direct and indirect losses related to properties other than one to four family dwellings.</p> Signup and view all the answers

What is employee theft coverage?

<p>Coverage for loss or damage to property caused by an employee's theft.</p> Signup and view all the answers

What is a bid in insurance?

<p>Agreement to fulfill a contractual obligation, used frequently in construction.</p> Signup and view all the answers

What is a Health Maintenance Organization (HMO)?

<p>Provides comprehensive health services for a prepaid fixed fee.</p> Signup and view all the answers

What is a Preferred Provider Organization (PPO)?

<p>A selected group of hospitals and medical practitioners aimed at reducing costs.</p> Signup and view all the answers

What is estoppel?

<p>An equitable principle that may legally prohibit a party from asserting a fact after creating an impression.</p> Signup and view all the answers

What is salvage in insurance?

<p>A motor vehicle or mobile home that is a total loss.</p> Signup and view all the answers

What is junk in insurance contexts?

<p>Any inoperable material that may have been a motor vehicle or mobile home.</p> Signup and view all the answers

What is a fiduciary agent?

<p>Agent for a principal/client, showing a legal or special relationship of trust.</p> Signup and view all the answers

What is a domestic insurer?

<p>An insurer formed under the laws of its state.</p> Signup and view all the answers

What is a foreign insurer?

<p>An insurer formed under the laws of any state other than this state.</p> Signup and view all the answers

What is an alien insurer?

<p>An insurer that is neither domestic nor foreign.</p> Signup and view all the answers

What is an appointment in insurance?

<p>The authority given to a licensee to transact insurance on behalf of an insurer.</p> Signup and view all the answers

What is a derelict in insurance terms?

<p>Material that is inoperable and whose highest value is as scrap metal.</p> Signup and view all the answers

What is mechanical breakdown coverage?

<p>Covers repairs to mechanical parts of a vehicle that break.</p> Signup and view all the answers

What is sliding in insurance?

<p>Selling an item and stating that it is required by law.</p> Signup and view all the answers

What is the death benefit amount for PIP?

<p>$5,000.</p> Signup and view all the answers

What is the amount for medical and disability benefits afforded by PIP?

<p>$10,000.</p> Signup and view all the answers

Who administers the Financial Responsibility Law?

<p>The Department of Highway Safety and Motor Vehicles.</p> Signup and view all the answers

What are the basic PIP benefits?

<p>Medical - 80% of expenses, Work Loss - 60% of income loss, Replacement Services - 100%, Death - $5,000 benefit.</p> Signup and view all the answers

What is a company or staff adjuster?

<p>Salaried employees under the supervision of the insurer's claims department.</p> Signup and view all the answers

What are fee adjusters?

<p>Adjusters who offer services on a fee-for-service basis representing many insurers.</p> Signup and view all the answers

What is a bureau adjuster?

<p>An employee or agent serving multiple company clients.</p> Signup and view all the answers

What is an independent adjuster?

<p>Self-employed representatives of insurers, compensated on a fee-plus-expenses basis.</p> Signup and view all the answers

What is a public adjuster?

<p>A claims adjuster who advocates for the policyholder.</p> Signup and view all the answers

What are the characteristics of a Personal Auto Policy Declaration Page?

<p>Liability, Property Damage, Uninsured Motorist, Medical Payments, Personal Injury Protection, Collision and Comprehensive Deductibles, Towing Coverage, Rental Coverage.</p> Signup and view all the answers

What are examples of transacting insurance?

<p>Solicitation, Negotiation, Effecting Coverage, Transacting Insurance Matters.</p> Signup and view all the answers

What are the thresholds of the No-Fault Law?

<p>Significant and permanent loss of bodily function, Permanent injury other than scarring, Significant and permanent scarring, Death.</p> Signup and view all the answers

What is the adjuster's investigation limited to?

<p>Verification of bills and estimates, may include photographs and witness canvasses.</p> Signup and view all the answers

What are the components of an investigation process?

<p>Inquiry, Verification, Comparison.</p> Signup and view all the answers

What are some reasons for suspension, revocation, or termination of a license?

<p>Transacting insurance outside of one's license, Misrepresentation or fraud, Sliding, Demonstration of unworthiness, Misappropriation of funds.</p> Signup and view all the answers

What is the Florida Unfair Insurance Trade Practices Act?

<p>Describes certain practices and penalties for misrepresentation and failing to act promptly.</p> Signup and view all the answers

What is comprehensive coverage?

<p>Covers all losses except collision or overturn.</p> Signup and view all the answers

What are the minimum requirements for the Financial Responsibility Law?

<p>Legally valid claims must be satisfied; certification of financial responsibility required.</p> Signup and view all the answers

What are the basic activities in claims handling?

<p>Investigation, Evaluation, Negotiation.</p> Signup and view all the answers

What is a claim?

<p>The assertion of an alleged legal right against an insurer.</p> Signup and view all the answers

What is a claims adjuster?

<p>One involved in the investigation, adjustment, negotiation of claims.</p> Signup and view all the answers

What is adjusting in insurance?

<p>The process of disposing of an insurance claim.</p> Signup and view all the answers

What is a loan receipt?

<p>A statement acknowledging that money received is an advance pending the outcome of a claim.</p> Signup and view all the answers

What is apportionment in insurance?

<p>A provision for computing and assigning each contract its proportion of loss.</p> Signup and view all the answers

How to settle a claim for an injured minor?

<p>Settle with both parents for amounts not exceeding $15,000; more must go through court.</p> Signup and view all the answers

What are the violations of the Unfair Trade Practices Act?

<p>Failing to act promptly, Failure to affirm or deny a claim.</p> Signup and view all the answers

Study Notes

Key Insurance Terms

  • Peril: An event that causes a loss.
  • Hazard: An element that increases the likelihood of a loss occurring.
  • Warranty: A guarantee related to policy information, either from the insured's application or inserted by the insurer.
  • Misrepresentation: An incorrect statement by the insured in the insurance application not included in the policy.
  • Concealment: Failure by the insured to disclose significant facts when applying for insurance.
  • Abandonment: Policy clause preventing the insured from discarding damaged property to claim full value.
  • Severability: Each insured is treated independently under the policy.
  • Proximate Cause: Most significant factor causing loss in a first-party property insurance context, crucial in liability disputes.
  • Direct Loss: Physical damage to tangible property.
  • Indirect Loss: Economic consequences resulting from direct loss.

Valuation and Coverage Concepts

  • Actual Cash Value (ACV): Calculated as Replacement Cost minus Depreciation.
  • Coinsurance: Percentage of a claim that must be paid by the insured after the deductible, can reduce premium costs.
  • Conditional Contract: A contract enforceable only after certain conditions are met.
  • Contract of Indemnity: Principle ensuring the insured is restored to their pre-loss financial condition.
  • Insurable Interest: The requirement for a person to have a legitimate interest in the insurance being provided.
  • Waiver: Relinquishing a known right or claim, can be explicit (express waiver) or inferred from actions (implied waiver).

Claims Handling and Adjusters

  • Claims Adjuster: Individual responsible for investigating and negotiating claims.
  • Public Adjuster: Represents policyholders in claims negotiations.
  • Independent Adjuster: Self-employed adjuster not affiliated with insurers or bureaus.
  • Fee Adjusters: Paid by the insurer for services rendered, representing multiple clients.

Policy Information

  • Policy Period: Coverage applies only for incidents occurring during the specified time frame.
  • Policy Territory: Limits coverage to specified geographic areas.
  • Other Insurance: Principle to prevent duplicate claims for the same loss.
  • Cancellation: Insured can cancel without notice; insurers must give notice before canceling.

Special Insurance Conditions

  • Comprehensive Coverage: Covers all losses except for collision, generally subject to a standard deductible.
  • Employee Theft: Coverage for losses due to theft by employees.
  • Building Ordinance Coverage: Protection against costs due to law enforcement requiring demolition of undamaged structure portions.
  • Florida Unfair Insurance Trade Practices Act: Addresses misconduct in insurance dealings, including timely claim responses and proper handling procedures.
  • Financial Responsibility Law: Mandates coverage requirements and penalties for non-compliance, including property damage liability.
  • No-Fault Law: Limits legal liability for bodily injuries under specific conditions, ensuring claims are settled via Personal Injury Protection (PIP).

Miscellaneous

  • SR-22: A form confirming the insured's responsibility for future accidents, primarily for non-owners.
  • Estoppel: Prevents a party from denying facts that another party relied on to their detriment.
  • Apportionment: Divides a claim's loss across multiple insurance contracts.

Claims Process

  • Investigation: Assessing coverage and liability, verifying damage qualifications for claims.
  • Evaluation: Determining fair compensation based on contract and laws.
  • Negotiation: Arriving at quality settlements based on investigative findings.### Owner Liabilities
  • Owners forfeited immunities from legal liabilities granted under compliance.
  • Owners are personally accountable for paying Personal Injury Protection (PIP) benefits.
  • Driver's license and vehicle registration of the owner may face suspension under the Financial Responsibility Law.

Extended PIP

  • Medical benefits increase from 80% to 100% under Extended PIP.
  • Income loss benefits rise from 60% to 80%.
  • Coverage is limited to named insured individuals and their family members.

Additional PIP

  • Additional PIP raises the initial $10,000 limit by specified amounts like $10,000, $25,000, $40,000, or $90,000, contingent on premium increase.
  • Increases do not alter the $5,000 death benefit.
  • Coverage applies to the insured and their family members only.

Personal Auto Policy

  • Personal Auto Policy is designed to insure individual and family automobile exposures.

Business Auto Policy

  • Business Auto Policy provides coverage for the automobile exposures related to businesses.

Types of Autos Covered Under Business Auto Policy

  • Private Passenger Type Autos include station wagons, jeeps, pickups, panel trucks, vans, and utility trailers.
  • Public Autos encompass buses and taxicabs.
  • Commercial Autos cover truck tractors, semi-trailers, commercial trailers, and service trailers.
  • Special Vehicles include cherry pickers and air compressors.

Garage Coverage Form

  • Garage Coverage Form is utilized to insure businesses involved in selling, servicing, repairing, parking, or storing automobiles.

Truckers Coverage Form

  • Truckers Coverage Form is designed for businesses contracted to transport goods for third parties.

Business Auto Coverage Form

  • Business Auto Coverage Form insures automobile exposures for all businesses excluding garage or trucking operations.

Commercial General Liability Contract

  • Includes key components like Declarations, common policy conditions, and one of two coverage forms: Occurrence or Claims-Made.
  • Contains a Nuclear Energy Liability Exclusion endorsement.
  • Additional endorsements may be attached to either extend or limit the coverage offered.

Declarations

  • Declarations section specifies the named insured, address, policy period, premium, and limits of coverage applicable.

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Prepare for the Florida Claims Adjuster Exam with these comprehensive flashcards. This review covers key terms and concepts such as peril, hazard, and warranty to ensure you're ready for all lines of adjusting. Perfect for both new adjusters and those renewing their licenses.

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