Liberty Mutual: P&C Licensing Chapter 1

Insurer

Insurance Company

Insured

Policyholder who purchases insurance

Agent or Producer

Licensed individuals representing the insurance company.

NAIC

National Association of Insurance Commissioners; Group of all state insurance commissioners that provide resources and recommendations for state insurance regulators.

Stock Companies

Insurance Company owned by stockholders (shareholders), typically the stockholders do not purchase insurance from the carriers, as the carriers can be penalized for insuring too many of their own stockholders. Dividends are paid out from profits to the st

Mutual Companies

Insurance Company owned by the policyholders (members). Being a policyholder (member) means they own insurance with this carrier.

Fraternal Benefit Society

Social organization that provides insurance to its members, typically life or health insurance (Ex: Knights of Columbus, Fraternal Order of Police)

Risk Retention Groups

Group owned by its members which are typically businesses all with the same potential risk. This group assumes and spreads the liability risks of its members. Members are usually higher risk businesses such as Theme Parks, Trucking Companies, Water Slides

Self-Insurers

Someone who assumes their own risk

Residual Markets

Last resort coverage for those who cannot obtain insurance in the voluntary market (ex: High Risk drivers).

Risk Sharing Plan

A plan where insurers agree to equally share risks from the residual market s no one insurance company gets stuck with all the high risks. There is a separate RSP in each state for both Auto and Home insurance risks. These can also be called FAIR plans.

Resinsurance

The transfer or sharing of risk from one insurer to another through an agreement between the two companies. (Insurance for Insurance Companies).

Treaty (Automatic) Agreements

Reinsurance agreement without negotiation. The Reinsurer automatically takes on all risk from the other insurer under the agreed category.

Facultive Agreements

Reinsurance agreements with negotiation. The reinsurer negotiates, using a third party called a reinsurance intermediary, which risks they will take and which the original insurance company will have to keep for themselves.

Admitted Company

Insurer who is permitted to do business in the state.

Non-Admitted Company

Insurer who is not permitted to do business in the state.

Surplus Lines

Insurance from a non-admitted company because no admitted insurer has coverage available. This usually happens when new technology or a new business comes into the marketplace. In order to get this insurance you would need to go through a Surplus Lines Br

Broker

Licensed individual that works on behalf of the customer, not the insurance company.

Law of the Agency

Relationship between the agent/producer and the insurer. The insurer is the "principal" in this relationship.

Express Authority

Agent's written authority

Implied Authority

What the general public believes that a producer can do

Apparent Authority

Created when a producer oversteps their express authority and the insurer does nothing to counter the decision.
Ex: You reinstate a policy for a policyholder that does not qualify to be reinstated and the company does not correct the decision.

Risk

Chance of loss to exist (ex: Driving a car)

Pure Risk

No chance for gain, only chance for loss or nothing to happen (Insurable)

Speculative Risk

Chance of gain, loss, or nothing to happen; not insurable (ex: Gambling, Stock Market)

Loss

Reduction, decrease, or disappearance in value

Peril

Cause of a loss (ex: Fire, Lightning, Theft)

Hazard

A condition that increases the chance of a loss

Adverse Selection

Imbalance created when higher risks outweigh standard risks

Law of Large Numbers

Method used by actuaries to predict losses, the higher the number of similar risks the more accurate the loss predictions will be.

Indemnity (Principle Of)

Restoring the insured to the same condition they were at before the loss without gain or profit. (To make whole again).

Insurable Interest

Parties that have financial interest in the property insured in the case of a loss. Must be present at time of loss.

Contract of Utmost Good Faith

Two parties (insurer and insured) rely on the other's statements and promises when entering into a contract.

Hold Harmless Agreement

A contract where one party agrees to not sue the other party for any legal claims such as expenses, damages, or losses arising from a transaction of activity conducted between the two parties. It is a risk transfer technique. (Landlords and Contractors us

Estoppel

Prevents the denial of a fact that has been admitted before (no take backs)

Waiver

Surrender of a right or privilege

Consideration

Something of value that is exchanged (premium for Insurer's promise to pay)

Aleatory Contract

Contract of unequal exchanges ($500 in premium for $35,000 in coverage)

Contract of Adhesion

Only one party writes the contract (insurer). "Stick to it" "Take it or leave it" Any ambiguities (vagueness, double meaning) in the document would be ruled in favor of the party that did not write the contract (the insured).

Valued Contract

Contract that pays the full stated amount in the event of a loss. (Ex: Life Insurance: you buy $100,000 of coverage and when you die your beneficiary gets the face value of $100,000)

Endorsement

Policy form that changes coverage or alters the contract language.

Personal Contract

Cannot transfer ownership of contract to another

Assignment

Insured cannot transfer rights of the policy without written consent of the insurer. Ex: Policyholder calls water company before notifying the insurer of a loss and allowing insurance company to send an adjuster out or set up emergency services. Then they

Unilateral Contract

Only one party is legally bound to an ongoing contractual obligation

Conditional Contract

Both parties must perform certain duties

Representations

Statements made by applicants on an insurance application.

Misrepresentations

False statements made by the applicant on an insurance application whether intentional or unintentional. "Asked a question and you gave the wrong answer

Concealment

The willful hiding of material facts. "They didn't ask so I'm not telling

Warranties

Statements that are guaranteed to be true on an insurance application.

Fraud

Intentional deception (false statements) with the intent to cause financial harm to either the insurance company or the insured.

Underwriting

Selects the risks to be insured and protects the insurance company from adverse selection.

Loss Ratio

(Paid Losses + Loss Reserves) / Total Earned Premium

Expense Ratio

Total Operating Expenses / Written Premium

Combined Ratio

loss ratio + expense ratio

Domestic insurer

An insurer organized under the laws of this state, whether or not it is admitted to do business in this state

Foreign Insurer

An insurer not organized under the laws of this state, but in one of the other states or jurisdictions within the United States, whether or not it is admitted to do business in the state or jurisdiction.

Alien Insurer

An insurer organized under the laws of any jurisdiction outside of the United States, whether or not it is admitted to do business in the state.

Physical

Overstuffing an electrical outlet is an example of a ________ Hazard.

Moral

Your house catches on fire and you intentionally wait to call emergency services. This is an example of a _____ Hazard.

Morale

You go to the grocery store and leave your keys in the ignition of your car with the doors unlocked. This is an example of a ______ Hazard.

STARR

Acronym for the elements of risk management. Sharing, Transfer, Avoidance, Reduction, Retention.

Sharing

In Risk Management, a large number of people pooling money together.

Transfer

In Risk Management, transferring risk from one party to another.

Avoidance

In Risk Management, eliminating the risk by avoiding any activity that could give rise to loss

Reduction

in Risk Management, Minimizing the chance of loss but not preventing the risk.

Retention

In Risk Management, Assuming the responsibility of the loss yourself.

CLAC

Acronym for Four Elements of a Contract
Competent Parties, Legal Purpose, Agreement, Consideration

Lloyds of London

An association of individuals and companies that underwrite insurance on their own accounts and provide specialized coverages.