Texas Property and Casualty Insurance

Insurance

The transfer of the possibility of a loss (risk) from an individual or business to an insurance company, which in turn spreads the costs of unexpected losses to many individuals

Law of Large Numbers

The larger the number of people with a similar exposure to loss, the more predictable actual losses will be

Law of Large Numbers Example

When issuing a policy on a 35 year old male, the insurance company has no way of knowing or accurately predicting when he will die. Instead, they will look at a large group of similar risks - 35 year old males of similar lifestyles/health - and make some

Insurable Interest

When the insured would incur a financial or other type of benefit loss if the insured object was damaged/lost

3 Elements of Insurable Risk

1. Financial (monetary interest)
2. Blood (relative)
3. Business (a business partner)

Risk

The uncertainty or chance of a loss occurring

Two Types of Risk

1. Pure risk
2. Speculative risk

Pure Risk

Situations that can only result in a loss or no change, there is no opportunity for financial gain

Speculative Risk

Situations that have the opportunity for either loss or gain

Which type of risk are insurance companies willing to accept?

Pure risk situations

Peril

The causes of loss insured against in an insurance policy

Perils of Life Insurance

The financial loss caused by the premature death of the insured

Perils of Health Insurance

The medical expenses and/or loss of income caused by the insured's sickness or accidental injury

Perils of Property Insurance

The loss of physical property or the loss of its income-producing abilities

Perils of Casualty Insurance

The loss and/or damage of property and resulting liabilities

Hazard

Conditions or situations that increase the probability of an insured loss occurring

3 Classifications of Hazards

1. Physical hazards
2. Moral hazards
3. Morale hazards

Physical Hazards

Hazards arising from the material, structural, or operational features of the risk, apart from the persons owning or managing it

Moral Hazards

Applicants that may lie on an application for insurance, or in the past have submitted fraudulent claims against an insurer

Morale Hazards

Increase in the hazard presented by a risk, arising from the insured's indifference to loss because of the existence of insurance

Conditions

The section of an insurance policy that indicates the general rules that the insurer and insured agree to follow under the terms of the policy

Loss

The reduction, decrease, or disappearance of value of the person or property insured in a policy, caused by a named peril

Hazards lead to...

Perils

Perils lead to...

Loss

Loss leads to...

Insurance

Indemnity

A provision in an insurance policy that states that in the event of loss, an insured or beneficiary is permitted to collect only to the extent of the financial loss, and is not allowed to gain financially because of the existence of an insurance contract

Indemnity is sometimes referred to as...

Reimbursement

Subrogation

The insurer's legal right to seek damages from third parties, after it has reimbursed the insured for the loss

Accident

A sudden, unplanned and unexpected event, not under the control of the insured, resulting in injury or damage that is neither expected nor intended

Occurrence

Continuous or repeated exposure to conditions resulting in injury to persons or damage to property that is neither intended nor expected

Two Types of Property Losses

1. Direct
2. Indirect

Property insurance covers what kind of losses?

Direct losses

Direct Loss

Direct, physical damage to buildings and/or personal property, as well as any other damage where the insured peril was the proximate cause of the loss

Indirect Loss

Losses considered a result of direct loss, known as consequential losses
Ex: extra living expenses that incur while a home is being repaired

Named Peril

A term used in property insurance to describe the breadth of coverage provided under an insurance policy form that lists specific covered perils

Open (Special) Peril

A term used in property insurance to describe the breadth of coverage provided under an insurance policy form that insures against any risk of loss that is not specifically excluded

Property Damage

Measured by the actual monetary loss the injured party suffered, which is measured by the value of the property damaged or destroyed and the loss of use of that asset

Bodily Injury

May lead to claims by the injured party not only for medical expenses and lost wages, but also for disfigurement, pain and suffering, mental anguish, and loss of consortium, so they are broken into two types of damages

Two Types of Bodily Injury Damages

1. Special damages
2. General damages

Special Damages

Compensation for specific out-of-pocket expenses for medical, miscellaneous expenses, and loss of wages

General Damages

Compensate the injured person for pain and suffering, mental anguish, disfigurement, and other similar types of losses

Punitive Damage

A form of punishment for extreme outrageous behavior, gross negligence or willful intent

Negligence

The failure to use the care that a reasonable, prudent person would have taken under the same or similar circumstances

Burglary

The crime of forced entry into or out of the premises of another by a person or persons with felonious intent

Burglary Insurance

Insurance covering the peril of burglary require that, following a loss, there are visible signs of forced entry or exit from the premises

Robbery

The taking of property from the care and custody of a person by one who has caused or threatened to cause that person bodily harm, or committed an obviously unlawful act witnessed by that person

Theft

Any act of stealing and encompasses both burglary and robbery

Mysterious Disappearance

The disappearance of property without knowledge as to the location, time, or how the property was lost (excluded from most insurance policies)

Vacancy

An insured structure in which no people have been living or working, and no property has been stored for the period of tie required as stated in the policy

Unoccupancy

An insured structure in which no people have been living or working within the required period of time, but some property is stored

Blanket Insurance

A single property insurance that provides coverage for multiple classes of property at one location, or for one or more classes of property at multiple locations. All insured properties are written for one total amount of insurance, and no single insured

Specific Insurance

A property insurance policy that covers a specific kind or unit of property for a specific amount of insurance

Loss Valuation

At the time a property insurance policy is written, the insured has several options as to how a loss to the insured property will be valued at the time of a loss. This factors in determining the premium charged and the amount of insurance required

Actual Cash Value

Recognizes the reduction of value of property as it ages and becomes subject to wear and tear and obsolescence
Current Replacement Cost - Depreciation = Actual Cash Value

Replacement Cost

The cost to replace damaged property with like kind and quality at today's price, without any deduction for depreciation

Depreciation

The lessening of value of real and personal property due to age and wear and tear

Market Value

Valuing a loss based upon the amount a willing buyer would pay a willing seller for the property prior to the loss, which takes into consideration the value of land and location, rather than just the cost of rebuilding the structure itself

Agreed Value

Policy with a provision agreed upon by the insurer and insured as to the amount of insurance that represents a fair valuation for the property at the time the insurance is written and suspends in coinsurance or other contribution clauses in the policy

Stated Value

An amount of insurance scheduled in a property policy that is not subject to any coinsurance requirements in the event of a covered loss

Salvage Value

The estimated value an asset will realize upon its sale at the end of its useful life

Two Types of Liability

1. Absolute liability
2. Strict liability

Absolute Liability

Imposed on defendants engaged in hazardous activities, such as harboring wild animals, using explosives, etc.

Strict Liability

If a product causes injury and the claimant can prove the defect, the defendant will be held strictly liable for the damage

Per Occurrence

A sublimit in a liability policy that puts a ceiling on the payment for all claims that arise from a single accident/occurrence

Per Person

The maximum amount available for payment of bodily injury to a single person in an accident, regardless of the policy limit stated in the policy for bodily injury claims

Aggregate Limit

The maximum limit of coverage available under a liability policy during a policy year, regardless of the number of claims made or the number of accidents that occur

Split Limits

Separately stated limits of liability for different coverages - may be stated on a per person, per occurrence, or per policy period basis, or can be split between bodily injury and property damage

Combined Single

A single dollar limit of liability applying to the total of damages for bodily injury and property damage combined, resulting from one accident or occurrence

Proximate Cause

An act or event considered a natural and reasonably foreseeable cause of the damage or event that occurs and damages property or injures a plaintiff. Negligence must have been the proximate cause

Deductible

A dollar amount an insured must pay on a claim before the insurance policy provides coverage

4 Essential Elements of Contracts

1. Agreement
2. Consideration
3. Competent parties
4. Legal purpose

Consideration

Something of value that each party gives to the other

Representations

Statements believed to be true to the best of one's knowledge, but they are not guaranteed to be true

Warranty

An absolutely true statement upon which the validity of the insurance policy depends

Concealment

The intentional withholding of information of a material fact that is crucial in making a decision

Binder

A temporary agreement issued by an agent or insurer providing temporary coverage until a policy can be issued (usually in writing, may be oral)

Major Components of Policy

1. Declarations
2. Definitions
3. Insuring agreement
4. Additional coverage
5. Conditions
6. Endorsements
7. Exclusions and policy limits

Declarations

Section of an insurance policy containing the basic underwriting information, such as the insured's name, address, amount of coverage and premiums, and a description of insured locations (usually first page)

Definitons

Section of an insurance policy that clarifies terms used in the policy

Insuring Agreement

Section of an insurance policy that establishes the obligation of the insurance company to provide the insurance coverages as stated in the policy, also including the parties to the contract, effective and renewal dates, description of coverage provided,

Additional/Supplementary Coverage

A provision in an insurance policy that provides an additional amount of coverage for specific loss expense, at no additional premium

Endorsements

Printed addendums to a contract that are used to change the policy's original terms, conditions, or coverages

Exclusions

Section of an insurance policy that details the perils that are not insured against and what persons are not insured

Policy Limits

The maximum amount an insured may collect, or for which an insured is protected under the terms of the policy

Assignment

The transfer of a legal right or interest in an insurance policy

Appraisal

If there is a disagreement between the insured and insurer on the value of any property loss, either party can make a written demand for an _____________

Arbitration

A method of casualty claim settlement used when the insured and insurer cannot agree on how to settle a claim

Other Insurance

A provision in an insurance policy that defines how the policy will respond if there is other valid insurance written on the same risk

Pro Rata

A provision found in some property insurance policies that provides for the sharing of loss with other insurance that may be written on the same risk in the same proportion as their limits of insurance pear to the total of coverage of all policies coverin

Notice of Claim

A form or statement from an insured to an insurer, informing the insurer that events leading to a possible claim have occurred (includes info as to how, when, and where the loss took place)

Proof of Loss

A sworn statement that must usually be furnished by the insured to an insurer before any loss under a policy can be paid

Cancellation

The termination of an in-force insurance policy, by either the insured or the insurer, prior to the expiration date shown in the policy (may be voluntary, involuntary, or in mutual accordance with provisions in the policy)

Nonrenewal

The termination of an insurance policy at its expiration date by not offering a continuation of the existing policy or a replacement policy

Sources of Insurability Information

1. Application form
2. Motor vehicle records
3. Interviews with neighbors, friends and employers
4. Inspection of property
5. Inspection of insurance history

Policy Application

A printed form that includes questions about how a prospective insured and the desired insurance coverage and limits

Fair Credit Reporting Act

Established procedures that consumer-reporting agencies must follow in order to ensure that records are confidential, accurate, relevant, and properly used - also protects consumers against the circulation of inaccurate or obsolete personal or financial i

Consumer Reports

Written and/or oral statements regarding a consumer's credit, character, reputation, or habits collected by a reporting agency from employment records, credit reports, and other public sources

Gramm-Leach-Billey Act

An insurance company may not disclose nonpublic personal information to a nonaffiliated third party, and also requires two disclosures to a customer

Exceptions to the Gramm-Leach-Billey Act

1. The insurance company clearly and conspicuously discloses to the consumer in writing that information may be disclosed to a third party
2. The consumer is given the opportunity, before the time that information is initially disclosed, to direct that in

Two Required Disclosures (GLB Act)

1. When the customer relationship is established
2. Before disclosing protected information

Terrorism Risk Insurance Act (TRIA)

Creates a temporary federal program that would share the risk of loss from future terrorist attacks with the insurance industry by requiring that all commercial insurers offer insurance coverage for acts of terrorism and then the federal government would

Terrorism Risk Insurance Program Reauthorization Act

Amendment to the TRIA which extends through the end of 2020

Provisions of the Terrorism Risk Insurance Program Reauthorization Act

1. The insurer deductible was set at 20% of an insurer's direct earned premium of the preceding calendar year and the federal share of compensation was set at 85% of insured losses that exceed insurer deductibles until Jan. 1, 2016. After that, the federa