California Property and Casualty Insurance - Chapters 1 and 2

Stock Insurance Company

Owned by stockholders and shareholders

Mutual Insurance Company

Owned by policy holders and has a board of trustees or directors elected by policy holders

Reciprocal Insurance Company

Group-owned and risk is shared; each member is a subscriber

Risk Retention Groups (RRG)

Spreading all or any portion of the liability exposure of its group members (theme parks, go-carts, water slides)

Reinsurance Companies

The insurer who shares the risk with the primary insurer/ceding company

Domestic Insurer

An insurer organized under the laws of California

Foreign Insurer

An insurer not organized under the laws of California

Alien Insurer

An insurer organized under the laws of any jurisdiction out side of the United States

Excess and Surplus Line Insurance

High risk

Actuarial

Gathers and interprets statistical information to aid in rate-making/setting

Underwriting

Responsible for risk selection

Marketing/Sales

Responsible for advertising and selling insurance policies

Claims

Provides service to the policyholder in the event of a loss

Executive Staff

Oversees and regulates the business

independant agency

is a person who enters into an agency agreement with more than one insurer

Exclusive Agent/Captive Agent

is a person under agreement to represent a single insurer, or a group of insurers, having common ownership

Express authority

written contract

Implied Authority

is the authority that the public assumes a producer has based on his/her actions

Apparent Authority

is created when a producer/agent exceeds the authority expressed in his/her contract

Transacting Insurance

Solicitation, Negotiations, Execution and Transaction (SNET)

Insurance Information and Privacy Protection Act

establishes standards for the collection, use, preservation, and disclosure of information gathered during insurance transactions

HIPAA

Health Insurance Portability and Accountability Act

Speculative Risk

Possibility of loss, no loss, or gain

Pure Risk

Possibility of loss or no loss; there is no possibility for gain

Hazard

Increases the chance of loss

Physical Hazard

a physical condition that increases the probability of loss

Moral Hazard

A disposition to be dishonest which increases the chance of a loss

Morale Hazard

Failure to take proper care

Legal Hazard

Breach of contract

Peril

Cause of Loss

Managing Risk

Sharing, Transfer, Avoidance, Reduction, Retention (STARR)

Insurable Event

Any contingent or unknown event that causes loss or damage to a person having an insurable interest

Contract of Adhesion

take it or leave it"; without negotation

Aleatory Contract

Exchange level is unequal; premium payment is less than the potential benefit

Indemnity Contract

An agreement to pay on behalf of another party under specified circumstances, such as when a loss occurs.

Personal Contract

Insurance policies cover the insurable interest of the insured.

Unilateral Contract

Only one party is legally bound to the contractual obligations

Conditional Contract

Both parties must perform certain duties

Utmost Good Faith

Both parties bargain in good faith in forming a contract

Representations

Oral or written statement believed to be true

Misrepresentation

A false statement

Materiality

A statement is material if its disclosure or lack of disclosure would change the insurers decision to issue a policy for the same premium

Material Misrepresentation

If material to the issuance of coverage, meaning the insurer would not have issued coverage had the misrepresentation not been made, coverage does not apply.

Concealment

Neglect to communicate known information that is material

Warranties

Statements in the application or stipulations in the policy that are guaranteed true in all respects

Recission

Termination of a contract from the beginning (as if it never existed)

Fraud

Intentional Deception

Waiver

Voluntary abandonment

Estoppel

Legal doctrine that prevents the denial of a fact

Manual Rating

Rates are based on classes of insured who have similar exposures

Accident

A sudden, unforeseen, unintended and unplanned eent

Occurance

Continuous or repeated exposure to harmful conditions that results in property damage

Pro Rata Cancellation

Cancellation of a policy for which a refund is made in the unearned premium calculated in proportion to the time the policy was in force.

Short Rate Cancellation

Cancellation of a policy for which the premium refund is calculated according to a short rate table whereby the insurer retains a portion of the unearned premium as a penalty.

Flat Cancellation

The cancellation of a policy on the date the policy becomes effective.

Proximate Cause

Immediate or actual cause of loss

Binder

Temporary contract in force for up to 90 days or until the policy is issued

Actual Cash Value

The policy pays for the cost to repair or replace the damaged property at the time of loss, minus depreication

Coinsurance

Amount of insurance carried/minimum amount of insurance required x loss

Who

Names of Insured

What

Description of property being insured

Where

Legal address or discription of property being insured

Insuring agreement

description of the covered causes of loss (perils)

Insured

Includes insured's spouse, resident relatives of either, and others under 21 that are in their care, custody and control

Named Insured

Any person, firm, or organization specifically designated by name of dec page

First Named Insured

The person, firm, or organization whose name appears in the first position of the Declarations Page of a policy when several names are listed.