Review of Insurance Concepts

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Questions and Answers

What is the primary difference between binding authority and a conditional binder?

  • Conditional binders are permanent coverage options.
  • Binding authority allows agents to approve coverage instantly. (correct)
  • Binding authority requires underwriting approval.
  • Conditional binders provide instant coverage.

Which of the following is NOT a requirement for a legally enforceable contract?

  • Mutual funds (correct)
  • Legal purpose and form
  • Offer and acceptance
  • Consideration

Which principle underlines the indemnity doctrine in insurance?

  • Encourages exaggeration of losses for claims.
  • Requires full replacement of property regardless of loss.
  • Restores insured parties to their pre-loss financial condition. (correct)
  • Allows insured parties to profit from losses.

What does an open perils policy cover?

<p>All perils except those specifically excluded. (C)</p> Signup and view all the answers

What is the formula to calculate Actual Cash Value (ACV)?

<p>ACV = Replacement Cost - Depreciation (C)</p> Signup and view all the answers

Which of the following correctly describes an insurance contract's declaration?

<p>The statement detailing the facts of the insurance agreement. (D)</p> Signup and view all the answers

What typically characterizes personal insurance coverage?

<p>Coverage that restores individuals rather than property. (D)</p> Signup and view all the answers

What type of receipt provides temporary coverage pending underwriting approval?

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

What does a coinsurance clause require in a homeowner's policy?

<p>Coverage for at least a specific dollar amount to be paid in full. (D)</p> Signup and view all the answers

Which of the following accurately describes legal liability?

<p>A plaintiff must demonstrate negligence, a loss, and proximate cause. (A)</p> Signup and view all the answers

What are the three types of compensable damages?

<p>Special, general, and punitive. (D)</p> Signup and view all the answers

In litigation, who bears the burden of proof?

<p>The plaintiff must prove negligence as the burden of proof. (D)</p> Signup and view all the answers

What differentiates statutory law from common law?

<p>Statutory law arises from legislation, while common law derives from judicial decisions. (C)</p> Signup and view all the answers

What is an attractive nuisance?

<p>An artificial condition that leads to liability for injuries to children. (B)</p> Signup and view all the answers

Which of the following reflects a source of liability for automobile ownership?

<p>Product liability for defective car parts. (A)</p> Signup and view all the answers

How is insurer solvency monitored?

<p>By ensuring the company can cover operational expenses with sufficient income. (B)</p> Signup and view all the answers

What characterizes a hard market in insurance?

<p>Limited supply and increased demand (A)</p> Signup and view all the answers

What does the combined ratio measure?

<p>Market and operational profit (A)</p> Signup and view all the answers

What is the main reason for an insurance company to engage in cash flow underwriting?

<p>To write a large amount of policies, potentially at lower prices (D)</p> Signup and view all the answers

Why is insurance primarily regulated at the state level rather than federally?

<p>The federal government opted out of managing it under certain court cases (B)</p> Signup and view all the answers

What is one of the primary purposes of the NAIC?

<p>To develop model laws and consumer protection (C)</p> Signup and view all the answers

How are unpaid claims handled for an insolvent insurance company?

<p>By the state insurance commissioner and guaranty fund (B)</p> Signup and view all the answers

What differentiates Generally Accepted Accounting Principles (GAAP) from Statutory Accounting Principles (SAP)?

<p>GAAP is used for public companies and is more comprehensive (D)</p> Signup and view all the answers

What defines twisting in insurance practices?

<p>Changing insurance by misleading facts (B)</p> Signup and view all the answers

Flashcards

What is agency in insurance?

Agency is the relationship between an agent representing an insurance company and a policyholder.

What is waiver in insurance?

Waiver occurs when an insurer knowingly gives up a right under the insurance policy. For example, if an insurer allows a policyholder to continue coverage despite a late premium payment, the insurer may be waiving their right to cancel the policy for late payment.

What is estoppel in insurance?

Estoppel is a legal principle that prevents someone from denying a fact that they previously represented as true, even if the statement was incorrect. In insurance, estoppel can occur if an insurer makes a statement to a policyholder that creates a reasonable expectation of coverage, even if the statement is not technically correct.

What is the difference between binding authority and conditional binder?

Binding authority is the power an agent has to issue coverage immediately. A conditional binder provides temporary coverage until the insurer approves the application.

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What are the requirements of a legally enforceable contract?

A legally enforceable contract requires an offer, acceptance, consideration, legal purpose, and legal form.

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What are the distinguishing characteristics of insurance contracts?

Insurance contracts are unique because they are based on utmost good faith, are personal in nature, and adhere to the principle of indemnity.

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Why are utmost good faith and the principle of indemnity important?

The principle of indemnity states that insurance should restore the insured to their pre-loss financial position, without allowing them to profit from the loss. This is essential for preventing moral hazard, which is the tendency of individuals to take more risks when they are insured.

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What are the differences between a conditional and binding receipt?

A conditional receipt provides temporary insurance coverage, subject to the insurer's approval. A binding receipt provides immediate coverage.

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Hard Market

A market where supply is limited, often after an event that increases demand, resulting in higher prices.

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Soft Market

A market with low demand and abundant supply, leading to lower prices and less competition.

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Combined Ratio

A measure of an insurance company's profitability, calculated by adding the ratio of incurred losses to earned premiums and the ratio of underwriting expenses to earned premiums.

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Cash Flow Underwriting

A strategy where insurers prioritize writing a large volume of policies, potentially at lower premiums or narrower profit margins, to maximize income.

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State Regulation of Insurance

A legal principle established by the Supreme Court, allowing states to regulate the insurance industry even when transactions cross state lines, as long as their regulations are reasonable and not unduly burdensome.

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National Association of Insurance Commissioners (NAIC)

An organization of state insurance commissioners responsible for developing model laws, protecting consumers, promoting interstate insurance, and supporting data collection and analysis.

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State Insurance Guarantee Fund

An organization that manages insolvent insurance companies and ensures that unpaid claims are paid through state guarantee funds.

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Generally Accepted Accounting Principles (GAAP)

Accounting principles widely accepted by public companies, requiring transparency and adherence to SEC regulations.

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Coinsurance clause

A clause in a homeowner's insurance policy that requires the insured to have a certain percentage of coverage (usually 80%) of the home's replacement cost to be paid in full for a loss. If the coverage is less than the required percentage, the insured will only receive a partial payment. For example, if the home is worth $100,000, but the insured only has $75,000 in coverage, they would only receive $75,000 for a total loss.

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Insurer solvency

The insurer's ability to meet its financial obligations to policyholders. Measured by financial strength, revenue and net income.

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Hard insurance market

When insurance premiums are high due to increased demand and low supply, often due to a string of costly claims.

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Soft insurance market

When insurance premiums are low due to less demand and abundant supply, often after a period of fewer claims.

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Legal liability

A legal concept that establishes a person's responsibility for causing harm to another. To prove legal liability, three elements must be demonstrated in court: negligence, loss or damage, and a proximate cause.

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Strict liability

A form of negligence where the defendant has a higher burden of proof to show their innocence.

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Vicarious liability

A type of negligence where the defendant is held responsible for the actions of another.

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Attractive nuisance

Something artificial that attracts children and could cause harm. The doctrine applies to landowners who have a duty to keep their property safe for children, despite the attraction being unintentional.

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Study Notes

Review of Insurance Concepts

  • Agency and Waiver/Estoppel: Agency is the relationship between an insurance agent and the policyholder. Waiver occurs when the agent or company accepts a risk, potentially obligating them to pay, even if a policy isn't formally binding. Estoppel prevents a party from taking a contrary position.

  • Binding vs. Conditional Binding: Binding authority grants immediate coverage, while conditional binding offers temporary coverage subject to underwriting approval.

  • Legally Enforceable Contracts: Key elements are offer, acceptance, consideration (e.g., payment), and competent parties. Legally valid contracts also require clear legal purpose and form.

  • Insurance Contract Characteristics: Good faith (honest information), indemnity (restoring the insured to their pre-loss position), fundamental principles, and important reasons. Note, personal property insurance and loss of property is covered.

  • Doctrine of Indemnity: This principle aims to restore the insured to their pre-loss financial position, not to profit from the loss. Provisions that violate this tenet exist.

  • Insurance Policy Parts (Declarations/Insuring Agreement/Exclusions/ Conditions/Endorsements/Riders): Policy Declarations state facts, Insuring Agreements outline coverage, Exclusions contain exclusions, Conditions detail requirements, Endorsements modify, Riders add additional coverage.

  • Open vs. Named Perils: Open perils cover losses resulting from any event, except excluded perils. Named perils policies cover only losses from explicitly listed events.

  • Personal Insurance Contract Modification: Specific steps must be followed to appropriately modify a personal insurance contract.

  • Property Valuation: Property is valued at the time of a loss, valued at ACV (Actual Cash Value).

  • Deductibles: Deductibles are the amounts policyholders themselves must pay before the insurance company covers the claim. The 'straight deductible' requires a fixed amount.

  • Coinsurance Clause: Requires policyholders to carry a minimum amount of insurance to avoid shared loss when a loss occurs if the amount is less than the required minimum.

  • Hard/Soft Markets: Hard markets have limited supply of insurance products and higher prices. Conversely, soft markets have abundance of supply and lower prices.

Insurance Policy and Property Valuation

  • Combined Ratio: Calculated by dividing combined losses and expenses by premiums to assess insurers' operational and market profitability.

  • Underwriting Motives: Insurers may choose to reduce profits to increase insurance sales.

  • State vs. Interstate Regulation: Insurance is largely regulated at the state level in the United States, but interstate transactions are also addressed.

  • Insolvent Insurance Company Management: State governments usually assume oversight of an insolvent insurance company.

  • Accounting Compliance: Insurers must comply with Generally Accepted Accounting Principles (GAAP).

  • Prior Approval vs. File/Use Regulation: Prior approval requires prior authorization before an insurance company begins filing or using a claim. In contrast, file/use regulations allow claims to be filed and used before formal approval.

  • Twisting and Rebating Practices: These practices involve misleading the consumer to influence a purchase or change to an insurance plan, and are considered unethical and illegal.

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