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NY Adjusters License - Chapter 01: Insurance Fundamentals

AB
InsuranceA method of handling pure risk, by spreading it over a large number of similar individuals
Law of Large NumbersShows us that we can predict, fairly accurately, what will happen to a large group of similar individuals in a given time period
Risk poolsLarge groups of similar individuals
ActuariesPeople who make mathematical predictions about probability in a given risk pool
Principle of indemnityAssumes that an insured, who has suffered a loss, should only be restored to the approximate financial condition that existed prior to the loss, no better and no worse
Insurable interestLawful, substantial, and economic interest in the life, health, property, or object being covered under the insurance contract
RiskThe possibility (uncertainty) that a loss might occur and is the reason that people buy insurance
Pure RisksA situation where there is only the possibility of a loss, there is never the possibility of a profit or financial gain
Speculative RisksA situation where either a profit or loss is possible and therefore are non-insurable
Static RiskHistorical factors that do not frequently fluctuate and are insurable
Dynamic RiskRisk associated with change and is not insurable
Fundamental RiskRisks that affect entire groups of people or property within society
Particular RiskRisks that affect only the individual person or family and not the entire community or society and are usually insurable
PerilThe actual cause of a loss
HazardAny condition that increases the possibility, or severity of a loss
Physical HazardsThe material, structural, environmental, or operational features of an insured risk that may create or increase the opportunity for injury or damage
Moral HazardA condition that increases the probability that a person will “intentionally” cause, create, or inflate a loss
Morale HazardA condition of inattention to, or disregard for, one’s own life, health, property, or behavior, that increases the frequency or severity of a loss. Attitudinal and involves an apathetic disregard
Risk AvoidanceAvoiding the hazard
Transfer of RiskMost common and most popular method of handling risk. Transfer risk to an insurance company, in exchange for paying a regular premium to the company
Sharing a RiskThe insured accepts responsibility for a small portion of the risk, while transferring the larger portion of the risk to the insurer
Assumption of RiskRisk retention or self-insurance
Risk Reduction or Risk ControlEmploying loss prevention methods
UnderwritingThe process of selecting certain types of risks that have historically produced a profit and rejecting those risks that have historically produced a loss
Adverse selectionThe tendency of insureds with a greater-than-average chance of loss to purchase insurance
Spreading the riskInsuring, during the same underwriting period, either a very large number of similar risks, multiple insured locations, or activities with dissimilar risks
ReinsuranceInsurance purchased by an insurance company, from another insurance company
Four elements of a contractC - Competent Parties/Capacity to Contract, L - Legal Purpose, O - Offer and Acceptance, C - Consideration
Four sections of a contract:D - Declarations, I - Insuring Agreement, C - Conditions, E - Exclusions
Aleatory ContractContingent upon an uncertain (random) event, that provides for an unequal transfer of value between the parties.
Contract of AdhesionThe contract is drafted by one party with stronger bargaining power (the insurance company) and accepted by another party with weaker bargaining power (the insured).
Executory ContractOutlines the duties of both the insured and the insurance company, and states that those duties must be performed, before the contract will be fully executed
Conditional ContractAn insurance company will pay claims under an insurance policy, based on the conditions specified in the contract.
Unilateral ContractA “one-sided contract”.
Personal ContractBound to the “personal insurable interest” of the named insured in the policy.
Contract of IndemnificationRestore the insured to the financial position previously held before the loss.
The Doctrine of Utmost Good FaithTo form an insurance contract, each party to the contract must substantially rely on the honesty and integrity of the other party.
The Doctrine of Reasonable ExpectationsAn insurance contract (policy) should cover the policyholder and/or his beneficiaries to the extent that the average person would expect.
WarrantyStatements made by an applicant for insurance that are guaranteed to be true, and if later found to be untrue, will void the policy.
RepresentationStatements made on an application for insurance that are true to the applicant’s best knowledge and belief.
MisrepresentationUntrue statements made by the insured (Lie)
ConcealmentThe failure to reveal known material facts, when applying for insurance. (Hide)
FraudAn intentional act designed to deceive and induce another party to part with something of value
WaiverThe intentional relinquishment of a known right, or intentional conduct inconsistent with claiming a known right.
Expressed waiverPurposely gives up a known right under the contract
Implied waiverAny parts of an investigation not performed prior to the completing an investigation.
EstoppelA legal doctrine that prevents or “stops” a party from contradicting its own previous actions, if those actions have been reasonably relied upon by another party.
AccidentA sudden and unforeseen event resulting in a financial loss
OccurrenceA sudden and unforeseen event resulting in a financial loss which can also include a continuous or repeated exposure to an event that results in a financial loss
Ambiguous Languagelanguage that is vague and creates doubt
Application for InsuranceThe form on which a prospective insured provides answers to the questions requested by the insurer.
Apportionment ClauseHow much two or more policies covering a loss, will pay on the claim.
Arbitration ClauseRequires the parties to an insurance contract to resolve coverage disputes through arbitration as opposed to mediation or litigation.
ArbitrationThe process of bringing a contract dispute before a disinterested third party for resolution.
BinderServes as temporary evidence that coverage is in effect until the policy is issued
Mid-term CancellationsCancellation which occurs before a policy has expire
Certificate of InsuranceGeneral summary of the coverage
Coinsurance ClauseStates that the insurance company and the insured person will share in the expenses incurred by the insured.
Deductibleself-insured retention; the insured must bear this loss before an amount is remitted to the claimant
DefinitionsExplain the important terms used in the policy language
Endorsements/RidersA written amendment or addition to a policy
Entire Contract ClauseThe entire agreement between the insured and the insurer is limited to the terms of the contract, and not any other stipulations outside of the contract
ExposureThe state of being subject to loss because of some type of hazard
FiduciaryAny person or institution that has responsibility for the money, property, or financial affairs of another.
Liberalization ClauseIf any policies or endorsement forms currently in use, are broadened by legislation or rulings from ratings authorities, then all existing similar policies will provide the broadened coverage to all existing policyholders, without additional premium.
LossThe actual injury or damage sustained by the insured due to one or more accidents or misfortunes that are covered under an insurance policy.
MalfeasanceAn outright act of sabotage by one party to a contract, who intentionally causes damage
Other Insurance ClauseIf the insured has other sources of recovery for a covered claim, this clause is activated.
Policy ProvisionsThe clauses in an insurance contract that include such details as the policy period, conditions, endorsements, riders, exclusions, that determine whether coverage applies and in what amount.
Policy Territory/coverage territoryIdentifies where coverage applies
Excess InsurancePays only when coverage under other applicable insurance policies has been exhausted
Proof of LossCompleted by the insured claimant, listing the details of a loss
Pro-rata ShareEach insurer will pay its percentage of the claim, based on the proportion of the coverage it provided.
Subrogation ClauseRecoup the money it has paid on the claim by suing the negligent party
Third-Party AdministratorsHandle many different administrative responsibilities for insurers, such as claims handling and risk management consulting.
Transacting InsuranceThe solicitation, inducement and preliminary negotiations affecting a contract of insurance, and the subsequent business pertaining to carrying out the terms of the contract
TortA civil wrong that violates the rights of others
TortfeasorA person who has committed a tort
Unearned PremiumThe portion of the policy premium that has not yet been “earned” because the policy is still in force for a period of time before its expiration
Unearned Premium ReserveThe amount of unexpired premiums on policies or contracts as of a certain date that should be maintained in “reserve”
Public Law 15/McCarren-Ferguson ActThe authority of insurance regulations is granted to state government
Certificate of AuthorityA certificate issued to an insurance company by a state Department of Insurance granting them the power to write contracts of insurance in that state.
Admitted/AuthorizedWhen an insurance company has received a certificate of authority and can conduct business in the state.
Nonadmitted/UnauthorizedWhen an insurance company does not have a certificate of authority and cannot conduct business in the state.
Surplus Lines CompaniesCircumstances when a nonadmitted company without a certificate of authority is permitted to conduct business within a state.
The National Association of Insurance Commissioners (NAIC)creates and maintains model laws that establish standards for how insurance is offered and delivered in the United States
The Interstate Insurance Product Regulation Commission (IIPRC)produces standardized forms for Life insurance, Annuities, Disability Income, and Long-Term Care insurance products
The National Council on Compensation Insurance (NCCI)duces standardized Workers Compensation forms
The National Uniform Claim Committee (NUCC)produces and maintains the universal claim form, the CMS-1500, to submit medical expense claims to private health insurers, government insurers, and workers compensation insurers.
The Surety & Fidelity Association of America (SFAA)produces a number of standardized bond forms to provide for surety data standards.
The American Association of Insurance Services (AAIS)provides property and casualty standardized forms, including some forms providing specialty coverages.
The Insurance Services Office, Inc.provides property and casualty standardized forms that are the most widely used throughout the country.


MI

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