Podcast
Questions and Answers
What is the definition of risk?
What is the definition of risk?
The chance of financial loss that an object of insurance is exposed to.
What are the two types of risk?
What are the two types of risk?
Which of the following is NOT a good way to deal with risk?
Which of the following is NOT a good way to deal with risk?
Insurance is a type of contract.
Insurance is a type of contract.
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What is the definition of a contract?
What is the definition of a contract?
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How many elements are required for a contract to be enforceable?
How many elements are required for a contract to be enforceable?
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According to the Insurance Act, when must an applicant return a policy?
According to the Insurance Act, when must an applicant return a policy?
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If there is no insurable interest in the subject matter of the contract, then it is enforceable.
If there is no insurable interest in the subject matter of the contract, then it is enforceable.
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How does the government ensure the financial stability and solvency of insurance companies?
How does the government ensure the financial stability and solvency of insurance companies?
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What does the Insurance Act mandate about coverage in a fire insurance policy?
What does the Insurance Act mandate about coverage in a fire insurance policy?
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How do standard exclusions work?
How do standard exclusions work?
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What are the 15 Statutory Conditions applied to contracts?
What are the 15 Statutory Conditions applied to contracts?
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What is the difference between "honest mistake" and "fraud"?
What is the difference between "honest mistake" and "fraud"?
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What is the purpose of the Material Change Condition?
What is the purpose of the Material Change Condition?
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What are the ways a contract can be terminated?
What are the ways a contract can be terminated?
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What is the purpose of the "Salvage" Condition?
What is the purpose of the "Salvage" Condition?
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What are the main features of "The Appraisal Process" for settling disputes about property value?
What are the main features of "The Appraisal Process" for settling disputes about property value?
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What are the two main types of distribution systems used by insurance companies in Canada?
What are the two main types of distribution systems used by insurance companies in Canada?
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The Independent Agency/Brokerage System has no control over the pricing or product selection of insurance policies offered.
The Independent Agency/Brokerage System has no control over the pricing or product selection of insurance policies offered.
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What is the main characteristic of the Direct Writing System?
What is the main characteristic of the Direct Writing System?
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What are some prominent examples of Direct Writers in Canada?
What are some prominent examples of Direct Writers in Canada?
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The Direct Writing System allows producers to sell products for other insurance companies.
The Direct Writing System allows producers to sell products for other insurance companies.
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What are the key roles of the Insurance Bureau of Canada (IBC)?
What are the key roles of the Insurance Bureau of Canada (IBC)?
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What is the purpose of the "No Benefit to Bailee" Condition?
What is the purpose of the "No Benefit to Bailee" Condition?
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Describe the "Pair and Set" Condition.
Describe the "Pair and Set" Condition.
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What is a "Deductible" in insurance policies?
What is a "Deductible" in insurance policies?
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The "Co-Insurance" clause is a standard feature of all insurance policies.
The "Co-Insurance" clause is a standard feature of all insurance policies.
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Explain the "Removal Coverage" condition in insurance policies and its purpose.
Explain the "Removal Coverage" condition in insurance policies and its purpose.
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What is the purpose of "Subrogation" in insurance, and how does it work?
What is the purpose of "Subrogation" in insurance, and how does it work?
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An insurer can change a term or condition in a contract without written authorization, especially if it benefits the insured.
An insurer can change a term or condition in a contract without written authorization, especially if it benefits the insured.
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What are the general requirements for "Notice" in insurance contracts?
What are the general requirements for "Notice" in insurance contracts?
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The "Notice" condition requires all correspondence between the insured and the insurer to be sent via registered mail.
The "Notice" condition requires all correspondence between the insured and the insurer to be sent via registered mail.
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What is the core purpose of the 15 Statutory Conditions as it relates to insurance policies?
What is the core purpose of the 15 Statutory Conditions as it relates to insurance policies?
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What are the two main types of private insurers categorized by their ownership and profit motive?
What are the two main types of private insurers categorized by their ownership and profit motive?
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Study Notes
ENSURE Training & Education
- ENSURE is a training and education company.
CAB 1 General Insurance
- CAB 1 is a general insurance training program.
Attendance Poll
- Students are polled to check facilitator and slide visibility.
Ensure Training & Education Walkthrough
- This is a walkthrough of ENSURE training and education.
The Forgetting Curve
- Hermann Ebbinghaus identified the forgetting curve, the loss of learned information.
- The forgetting curve is studied as a way to understand how memory works.
How do we forget?
- A graph shows the rate of forgetting over various time periods.
- The graph demonstrates that forgetting, especially without review, is rapid in the first few hours of learning. Retention goes rapidly down when there is no review; however, review after every phase of learning helps to remember more.
Overcoming the Curve
- A graph shows that review sessions help to reduce forgetting. The more review, the lower the amount lost over time, which is evident in the graph.
What can I do?
- Students are responsible for their learning and should study the textbook continuously.
- Consistent review throughout the week is recommended.
- The forgetting curve is a consideration when planning exam schedules
Course Expectations
- Students have two minutes to state expectations for the course in the chat window.
The Past Mistakes and Successes
- Students have two minutes to record past studying habits and what hasn't worked for them in the chat window.
Chapter 1: Intro to General Insurance
- This chapter introduces general insurance.
- Section 1: Insurance - A Means of Managing Risk
- Section 2: The Role of Government in the Insurance Industry
- Section 3: Distribution of Insurance
Section 1: Insurance: A Means of Managing Risk
- Risk is categorized into personal, property, and liability.
- Personal risk deals with the value of people as assets.
- Property risk deals with the potential for loss of property.
- Liability risk relates to the responsibilities for negligent actions.
Definition of Risk
- Risk is the potential for financial loss that an insurance object is exposed to.
How To Deal with Risk
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- Avoidance of Risk: A poor way to deal with risk, since exposure may translate to another risk.
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- Controlling of Risk: taking steps to reduce frequency/severity of loss. Ex. installing intrusion detection systems.
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- Retention of Risk: the corporation/business taking on the financial responsibility to cover losses (ex. railroads)
Definition of Avoidance
- Avoidance eliminates any chance for financial loss.
How To Deal With Risk Cont'd
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- Controlling of Risk: This includes taking steps to lessen the chance/severity of loss (e.g. intrusion detection systems). Controlling risk also includes a certain amount of loss the business or person cannot control.
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- Retention of Risk: Large corporations/businesses (e.g., railroads/federal gov't) can afford to cover their losses with their own finances (cheaper than insurance). Other people/businesses, often cannot. Some losses are un-insurable, also.
Definition Insurance
- Insurance is the undertaking from one to indemnify another against risk. This indemnity occurs when a certain event happens.
How To Deal with Risk Cont'd
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- Transfer of Risk: The most popular method. Insurers transfer the risk and responsibility of loss for a premium.
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Types of Risk
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- Speculative Risk: Chance of financial gain/loss (e.g., investing/gambling). Insurers won't cover this.
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b) Pure Risk: Chance of financial loss, only.
Formal Contract
- Insurance companies agree to take on the risks of others.
- An agreement between two or more people, creating an obligation to do/not do something.
5 Elements For Contract To Be Enforceable (By Law)
- Agreement
- Consideration
- Legality of Object
- Legal Capacity of the Parties to Contract
- Genuine Intention
5 Elements For Contract To Be Enforceable (By Law) - Agreement
· Prove a proper agreement is reached. · Offer is made · Unequivocal/unconditional acceptance of the offer.
5 Elements For Contract To Be Enforceable (By Law) - Consideration
· Exchanging something of value. · Return promise, Act performed, Agreement not to act. · Consideration from insured or consideration from insurer.
5 Elements For Contract To Be Enforceable (By Law) - Legality of Object
· A contract that goes against public policy is not enforceable (by law). · Ex. Deliberate killing/maiming, importing drugs, dealing with illegally acquired property or payment for fraudulent claims. Court will rule against trying to enforce these type of contracts
5 Elements For Contract To Be Enforceable (By Law) - Legal Capacity of the Parties To Contract
·Law enforces contracts of parties recognized as having a legal capacity to contract. ·Incompetents (parties unable to contract). ·Incompetents include minors. ■ Exception: right to contract for life's necessities (food, clothing, lodging) ■ Some contracts the law cannot enforce (minor buying stereo)
5 Elements For Contract To Be Enforceable (By Law) - Genuine Intention
·Enforceable contract: parties intended to enter contract. Must not be affected by fraud.
15 Statutory Conditions Applied To Contracts- Misrepresentation
·Applicant falsely describes property/misrepresents/omits info to prejudice the insurer (contract is void). ·Law requires a proper description. The law assumes insured's knows construction details of the property. An "honest mistake" is not an excuse.
15 Statutory Conditions Applied To Contracts- Misrepresentation of a material fact
·Example of material fact: Details of previous claims, details of prior cancellations or refusals, details of existing property protection systems. ·Law requires all representations must be truthful, and insureds can't fraudulently/knowingly/deliberately deceive/omit or deliberately withhold information.
15 Statutory Conditions Applied To Contracts- Effect of Misrepresentation
·Onus (duty) to prove misrepresentation (if a claim) falls on the insurer (for voiding the policy). Insurer's right: may void policy if misrepresentation is directly linked to the loss. Ex. Insured says their property is heated by electric heat when it's not; the insurer may void the policy
15 Statutory Conditions Applied To Contracts- Property of Others
·Insurers are not liable for loss or damages to property owned by others than the insured, unless stated in the contract.
15 Statutory Conditions Applied To Contracts- Change of Interest
·Insurer: liable for loss or damage after authorized assignment under Bankruptcy Act/change of title. ·Parties to contract may benefit from transfers (e.g., bankruptcy).
15 Statutory Conditions Applied To Contracts- Material Change
·ANY change affecting risk/control.
- When the insured is made aware of a change, the insurer/local agents must be immediately notified in writing.
- The insurer can return the unearned portion of any premium and cancel the contract, or inform the insured of the additional premium if the contract continues.
15 Statutory Conditions Applied To Contracts- Requirements After Loss
·Insured must document ALL claims, including a proof of loss form. ·Prove, using documented evidence that the insured property was damaged. ·Insureds may have to provide details (with proof) on how the loss occurred; including an inventory of property and its condition at the time of loss. · Insureds need to notify all applicable parties and provide evidence of any other policies.
15 Statutory Conditions Applied To Contracts- Filing a Proof of Loss
- Help verify claimed property hasn't had significant changes since the policy.
- Any new information may impact coverage for losses
- Show the location of property at the time of loss.
- Inventory of undamaged property with qualities and costs (with their actual cash value)
15 Statutory Conditions Applied To Contracts- Fraud
- Deliberately trying to deceive to secure a profit.
- Purpose: to protect the insurer from paying fraudulent insurance claims.
- Must prove deliberate deception to profit from a situation.
15 Statutory Conditions Applied To Contracts- Who may give notice/proof
·Insurance is absent or unable to give notice.
- Agent of insured can make this notice. If insured refuses to give notice, the person insurance money is payable to can do so.
15 Statutory Conditions Applied To Contracts - Salvage
- Insured must take reasonable steps to prevent further/additional damage, and prevent further damage to other property
15 Statutory Conditions Applied To Contracts - Entry/Control/Abandonment
·Insurer has the right to enter and access the property (with accredited agents) to survey for the determination of loss/damage to the property. ·Insurer can't control or have possession of insured property without their consent. The insured can't abandon the property without consents.
15 Statutory Conditions Applied To Contracts - Disagreement of value
- If there's a disagreement on the value of the property/property that was saved or amount of loss, it can be settled (in written demand) with an independent appraisal in accordance for loss calculation) · Steps for resolving disagreements over value via an appraisal.
15 Statutory Conditions Applied To Contracts - When Loss is Payable
·Claims (under contract) must be settled within 60 days of claim being verified (proof of loss).
15 Statutory Conditions Applied To Contracts - Termination
- A contract is terminated when the insurer gives 15 days termination notice (registered mail) OR 5 days written notice. (personally given).
- An insured can terminate at any time, as needed or requested, with or without a reason.
- The insurer can terminate for non-payment of premium.
- Short rate premium NEVER less than min retained premium (specified).
Section 2: Gov'ts Role in Insurance Industry
- The general insurance industry is regulated by federal and provincial statutes.
- The intent is to ensure insurance companies are financially competent.
- Insurers must ensure a portion of any premium paid is available to pay future claims.
- Insurance acts only operate from premiums earned within a time period.
Role of Federal Government
- Federal licensing: only companies meeting financial standards are regulated.
- When a license is granted the insurer is continuously monitored to ensure solvency and financial stability.
Role of Provincial Gov't
- The superintendent of insurance administers the Insurance Act.
- Main responsibilities include supervising contracts, terms, and conditions, as well as the licensing of insurers, agents, and brokers.
- The provincial bodies are responsible for supervising the financial stability of companies operating under provincial charters.
Monitoring Financial Strength/Stability
- Means to audit ongoing financial strength and stability of licensed insurers.
- Superintendents verify that insurers can meet future losses before granting licenses
- The federal gov't performs annual audits to verify ongoing financial strength and stability.
Insolvency - Insurance Industry Solution
- Before 1992, insurers had to make large deposits to the federal government.
- The deposits acted as a reserve to protect consumers if the insurer became insolvent.
- The Insurance Companies Act of 1992 eliminated deposit requirements.
Insolvency - Insurance Industry Solution
- If there is a bankruptcy, the administrative body (PACICC) may pay the claims.
- This organization assesses insurance companies for contributions required (via their total direct premiums) to cover the claims.
License Authority
- Insurance companies must have a license to write business in the province.
- Classes of insurance written must be allowed under the provincial license
Regulation of Insurance Contracts
- Insurance licensing and operations are provincially controlled. Different provinces can have variations regarding types and methods of policies.
- Policies can vary between provinces regarding how uniform they are.
Friendly Fire
- Fire contained in an appropriate receptacle
Hostile Fire
- Fire that passes outside the limits assigned, e.g. sparking from fireplace to a rug
15 Statutory Conditions Applied To Contracts - Definitions
- Definitions for terms in the section.
Additional Conditions
· Addresses what isn't addressed by Statutory Conditions for fire.
- Notifies authorities of known losses/damage from malicious acts/theft/etc.
- Insured notifies police of any loss/damage from criminal acts.
- Provides better chances of recovering lost items
Additional Conditions
- Sue and Labour- duty of insurer and insured if property is lost or must be recovered
- No Benefit to Bailee- insurance will not directly benefit from someone that is entrusted with insuring a property loss. The carrier/bailee cannot benefit
Additional Conditions- Pair and Set
- The damage to one item of a set, applies equally to any items damaged or lost.
Additional Conditions - Parts
- Damage to parts of property is limited to the damaged part
Other Legal Requirements
- Contents of insurance policies are legislated. Six items are required on every policy
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- Parties to the contract
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- Policy period
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- Loss payable or payee.
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- Type(s) of coverage.
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- Rate/premium.
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- Subject matter of insurance.
Other Legal Requirements
- Policy provisions that have to do with payment and covering losses suffered that need compensation
Other Legal Requirements
- Removal coverage from property insurance, is legislated because of the potential for loss when the property is moved to another location.
Other Legal Requirements- Limitation of Liability Clauses
· Policies do not cover the total loss of an item, only a portion proportionate to the deductible and insurable interest of either the insurer or insured, depending on the claim
Other Legal Requirements- Waiver of Term or Condition
- Insurance Acts: no contract's term/condition is waived by the insurer unless the waiver is written/signed by an authorized person. Changes must occur in writing as well.
- Insurance company underwriters have the authority to change terms/conditions, if they decide to. THIS acceptance is for risks (on insurer’s behalf)
Other Legal Requirements- Effect of Delivery of Policy
- Insurance acts says when policies are delivered (not paid for) will bind insurer to the policy, as if the premium were paid.
Section 3: Distribution of Insurance
- Two major types of insurers: Private, and Government · Private Insurers: Proprietary or non-proprietary. · Government Insurers: Some provinces (Saskatchewan/Manitoba) may have private or business property insured by the government.
Two Types of Distribution Systems
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- Independent Agency/Brokerage System: 7,000+ independent agencies in Canada (majority), 80%+ of property/casualty insurance sold this way.
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- Direct Writing System: this is an independent system within the direct writing system. Many large firms in Canada utilize this system.
Features of Agency/Brokerage System
- Compensation, status with insurer, expiration/ownership by producer, producer services, and other features.
Important Insurer Associations/Organizers
- National/provincial brokers' associations, Voluntary organizations, represent brokers, interests.
- Industry associations/orgs and other services. · Insurance Bureau of Canada (for other services, collecting insurance stats, and industry knowledge, etc.).
- Insurer’s Advisory Organization (providing risk inspection and advisory rating to insurers).
- Insurance Crime Prevention Bureau (to help investigate and prosecute insurance crime).
One-Minute Review
- Students have two minutes to summarize the most important thing they learned.
Quiz
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