20-44 License

Risk

Change of a financial loss/uncertainty of a loss to happen/uncertainty of future outcome

Assumed Risk

Amount of risk the insured is willing to absorb

Pure Risk

A situation that present the opportunity for loss, but for no gain; Insurable risk

Speculative Risk

Uncertainty about an event under consideration that could produce either a profit or loss/Business venture/Non-insurable risk

Insurance

Contract where one indemnifies or pays another a specific amount

Law of Large Numbers

Statistical theory stating the larger the number of similar exposure united the more predictable and accurate the estimate of expected loss

Policy

Written contract/agreement for or effecting insurance including clauses, riders and endorsement

Declaration Page

Includes Named Insured and Address, policy period, premium, limits and loss payee/mortgagee

Insuring Agreement

Portion of the insurance policy in which the Insurer(Insurance Company) promises to make payment for covered perils to or on behalf of the insured

Conditional Contract

Obligation of the insurer (Insurance Company) may be based on insured satisfying certain conditions

Exclusions

Section of policy which lists property, perils, losses, persons or situations which are not covered

Endorsement

Written form attached to an insurance policy that alters the policy's coverage, terms, or conditions

Binders

Temporary insurance/ Can be written or oral

Certificate of Insurance

Document providing evidence that certain types of insurance coverages and limits have been purchased by the insured

Contract of Adhesion

Contract created by insurance company - insured cannot negotiate terms

Unilateral Contract

Contract where only one party makes an enforceable promise

Personal Contract

Covers the financial loss suffered by a person - not the property or operations

Definition of Insured

Any person/organization specifically designated by name as an insured in an insurance policy, as well as others, that although unnamed, fall within policy definition

Insurable Interest

One who has an economic interest

Limits of Liability

Maximum amount of insurance the company will pay for a particular loss

Casualty Insurance

All insurance other than Life & Health

Property Insurance

Carrier pays directly to the insured/First party coverage

Liability Insurance

Carrier pays on behalf of the insured/Third party coverage

Health Insurance

Has it's own category; Only included because of licensing statutes authorize P&C agents sales.

Fraternal Insurance

Primarily life insurance providers; Church related (Typically members of a society)

Admitted Carrier

Licensed to do business in the state / They receive Certificate of Authority

Non-Admitted Carrier

Company not licensed (but approved by OIR) to do business in state (Surplus Lines Companies)

Mail Order Insurance

Insurance sold through mass marketing techniques (direct mail)

Reinsurance

Transaction in which the reinsurance company agrees to indemnify an insurance company for part or all of the liability assumed by the insurance company under a policy it has issued

Peril

Cause of a loss

Hazard

Introduces or increases the chance of a loss from a peril

Physical Hazard

Physical characteristics of an object that increases the severity of a loss by covered peril

Moral Hazard

Intentional loss; Conscious mental attitude of the insured

Morale Hazard

Accident Proneness; Unconscious mental attitude of the insured

Proximate Cause Doctrine

Unbroken connection between a covered occurrence and the damage for the occurrence

Direct Loss

Physical harm to tangible property

Indirect Loss

Economic loss as consequence of direct loss

Consquential Damage

Damage from direct loss; I.E loss of spoilage from lack of power

Lenders Interest

Insurance assures lenders that collateral property is covered / Mortgagee Clause

Benefits to having Lenders Interest

(1) Make lender a payee in any covered loss
(2) Gives mortgagee advance notice of cancellation/non-renewal/reduction of coverage
(3) Mortgagee is covered if insured is engaged in act/omission preventing payment
(4) Mortgagee can continue policy if premium

Principle of Indemnity

One should not make a profit

Departures for Principle of Indemnity

Actual Cash Value / Florida Value Policy Law / Agreed Valued Policy

Actual Cash Value

Replacement Cost (R/C) less Depreciation

Replacement Cost

New for Old; Required to replace

Florida Value Policy Law

If a total loss by a covered peril to bldg., structure or mobile home, the company must pay the policy limit regardless of property value

Agreed Value Law

Insurance company agrees in advance to a Stated Amount

Market Value

Price that would be paid to purchase an asset in that market

Coinsurance

Did (Limit of insurance) / Should (Property Value)
Coinsurance %
Loss = Recovery (Loss Settlement)

Coinsurance applies if

Insured has coverage under 80%, 90%, or 100%. If at least 80%, we will pay the loss without penalty

Coinsurance contract

Rate charged is based upon use of coinsurance clause attached to this policy, with the consent of the insured.

Specific Insurance

Separate limit for each building and contents or items

Blanket Insurance

Single limit of two or more covered items - full limit applies to any one item

Straight Deductible

Deduct flat amount form loss payment

Franchise Deductible

Pay the loss form dollar one if the loss equals or exceeds the stated deductible

Percentage Deductible

% amount is deducted from the loss

Hurricane Deductible

Insurance company must offer 2%, 5%, or 10% (higher if insured signs a handwritten note); Changes can be made only at renewal & deductible on calendar year losses

Commercial Residential Policies

Annual basis; Applies to each hurricane; Residents can apply either on annual basis or per hurricane (Insured would need to choose)

Vacancy

Absence of people and personal property form a building; Coverage may be restricted after a period of vacancy

Unoccupied

Without occupants, with personal property in building

Theft

Any unlawful taking of property

Robbery

Taking property by causing or threating body harm

Burglary

Taking of property by breaking & entering, leaving visible signs of forcible entry or exit

Mysterious Disappearance

The vanishing of insured property in an unexplained manner

Premium

Amount of money an insurance company charges to provide the coverage described in the policy

Deposit Premium

Required by insurance company on forms of insurance subject to periodic premium adjustments / Down payment

Earned Premium

Portion of policy premium that applied to the expired portion of the policy

Premium Financing

Involves the lending of funds to a person/company to cover the cost of the insurance premium / Escrow account

Audit

Review of the financial records of a person/organization conducted annually to determine exposures, premiums, etc.

Negligence

Failure to a prudent person would have acted in the same circumstance (cause to be liable)

Liability

Any legally enforceable obligation. In insurance, the obligation to pay a monetary award for injury or damage caused by one's negligent/statutorily prohibited action. (When judge said insured is legally liable)

Legal Liability

Would fall into two type of negligence: Comparative & Contributory

Comparative Negligence

Where both parties are contributed to the cause of the injures (Currently being used in FL)

Contributory Negligence

If plaintiff is responsible for 1% at fault - not entitled to recover from others

Absolute Liability

Imposed on the wrongdoer without proof of carelessness or fault

Strict Liability

Liability where the manufacture is liable to a third party regardless degree of care (Defective products)

Vicarious Liability

Negligence is not directly attributable to the person claimed against, but is negligence of another whom the person claimed against is in someway responsible/ Parent responsible for child graffiti / Contingent Liability

Compensatory Damages

Monetary amount necessary to replace what was lost / Money is only remedy

Punitive Damages

Damages to punish the wrongdoer for anti social actions, rather than the compensating for loss

Exemplary Damages

Damages awarded to make an example of the wrongdoer

Accident

Sudden fortuitous event/happening/produced by chance

Occurrence

An accident, including continuous and repeated exposure to substantially the same harmful condition

Liability Policy Insuring Agreement

To pay on behalf of the insured all sums the insured becomes legally liable to pay as damages - commonly referred to as 3rd party claims

Liability Under the Liability Policy

Specifically defined in each policy / The one who is legally liable

Liability Policy Limits

Can be expressed as single limit, split limit, and/or aggregate limit

Condition

Provisions inserted in the policy that qualify/place limitations on the insurance company's promise to pay or perform / If conditions aren't met, insurance company can deny claim

Subrogation

When insurance company pays claim to insured, rights to collect from at party transfer to insurance company

Assignment

Transfer of legal rights under/interest in, an insurance policy to another party / One cannot transfer policy to another without company's written permission

Changes

Must be made by the insured and in writing

Policy Period

Coverage only applies to losses that begin during this period

Policy Territory

Stated geographical region / Worldwide/ United States, it's possessions and Canada

Other Insurance

How policies interact with other policies for the same occurrence. Can be broken into four types: Primary, Excess, Pro Rata, and Equal Share

Primary

Policy pays first

Excess

Other insurance must be exhausted then this policy will apply

Pro Rata

Will pay a proportion of a loss as it limits bear to overall limits of coverage in force

Equal Share

Contribution bases on the number of policies, without regard of their limits

Cancellation

Provides advance notice for valid reasons. Florida law governs specific requirements.

Nonrenewal

Required of insurance company to provide advance notice ranging in days depending on jurisdiction and circumstances surrounding

Liberalization

In revised policy form, broadened coverage within 60 days of policy creation, without addition premium, insured receives broadened coverage

Appraisal

Survey that determines value of property without legal action

Arbitration

Procedure in which an insurance company and the insured agree to settle a dispute by accepting a decision made by a third party