Chapter 1: Basic Principles of Insurance Flashcards

1
Q

What is Insurance?

A

The transfer of risk from one party to another through a legal contract.

Also, the transfer of risk through the pooling or accumulation of funds.

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2
Q

What does indemnify mean?

A

Policies restore insureds to the financial position they enjoyed before the insured loss.

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3
Q

Insurer

A

Person providing the coverage

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4
Q

Insured

A

Person who is covered

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5
Q

What is social insurance?

A

Insurance programs provided by federal and state governments.

Examples include
*Social Security
*Medicare
*Medicaid
*Serviceman’s Group Life Insurance and Veteran’s Group Life Insurance
*National Flood Insurance Program
*Federal Crop Insurance Corporation

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6
Q

Stock Insurance Company:
Who owns it?
Do they get the right to vote for BOD?

A

An insurance company owned by private investors/stock holders. For profit.

Stock companies look to grow their post-tax earnings (earned surplus) not paid out in stock dividends. Earnings retained are considered equity, that are owned by shareholders.

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7
Q

Nonparticipating Insurance Policies:
Who owns it?
Do they get the right to vote for BOD?

A

Nonparticipating Insurance Policies do not pay policy dividends because policyowners do not own the insurance company. Cannot elect company’s board of directors.

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8
Q

Mutual insurance companies:
Who owns it?
Do they have the right to vote for BOD?

A

The owners are the policy holders.

Purchasers are both the customer and owner.

Does have the right to vote for board of directors.

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9
Q

What is another name for a Mutual Insurer?

A

“Participating companies” because the policyowners participate in the distribution of dividends.

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10
Q

How do stock insurance companies pay profits versus mutual insurers?

A

Stock insurers use profits to pay stock dividends to shareholders
Vs
Mutual insurers hold such earnings as a divisible surplus which they return to their policyowners. They do this by issuing participating policies that pay policy dividends.

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11
Q

Divisible surplus

A

Amount of earnings paid to policyowners as dividends after the insurance company sets aside funds required to cover reserves, operating expenses, and general business expenses.

A partial refund of premiums remaining.

Typically distributed to policyowners on an annual basis.

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12
Q

Mutualization

A

When a stock company is converted into a mutual company.

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13
Q

Mixed Plan

A

Rare case of an insurance company issuing both participating and non-participating policies.

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14
Q

Assessment mutual insurers

A

*Pure assessment mutual company: operates based on loss-sharing by group members. No premium is payable in advance.

*Advance premium assessment mutual: charges a premium at the beginning of the policy period.

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15
Q

Fraternal Benefit Societies
(3 characteristics)

A

Noted for their social, charitable and benevolent activities. They are based on religion, nationality and/or ethnicity.

Fraternal benefit societies are more concerned about maintaining minimum reserves and surpluses for coverages instead of providing dividends or profits.

3 characteristics:
*It must be a nonprofit
*It must have a lodge system that includes ritualistic work and maintains a representative government form with elected officers.
*Must exist for reasons other than obtaining insurance

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16
Q

Reciprocal Insurers

A

An unincorporated community organization overseen by a board of governors or directors in which individual members/subscribers agree to insure one another. Policies do not transfer these risks to separate corporate entities.

*Do not received dividends
*Do receive their share of surplus capital if they terminate their membership
*An attorney-in-fact handles transactions for the reciprocal insurer and is authorized to conduct the day-to-day affairs of the insurer on behalf of the subscribers.

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17
Q

Risk Retention Group

A

A specialized insurance company created under the Federal Liability Risk Retention Act (LRRA) of 1986.

Provides liability insurance for individuals and entities with a common bond.

Participating professionals and organizations in the same business, become policyholders.

Only licensed in the state of domicile but can insure other members throughout the USA.

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18
Q

Risk Purchasing Groups (RPGS)

A

*Operates under the Federal Liability Risk Retention Act (LRRA) of 1986.

*Provide liability insurance for people with the same bond

*Purchase insurance from an insurance company (they do not insure themselves).

*RPG becomes the master policyholder and the members receive certificates of insurance.

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19
Q

Reinsurer

A

Insurance for other insurers. The insurance company transfers a portion of an assumed risk to another insurer.

*Primary insurer: the insurance company that transfers some or all of its loss exposure to another insurer

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20
Q

Primary Insurer

A

The insurance company that transfers some or all of its loss exposure to another insurer

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21
Q

Ceding Company vs Assuming Company

A
  • Ceding Company: the insurance company that transfers risk.

*Assuming Company: the company assuming the risk.

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22
Q

Treaty reinsurance

A

An automatic sharing of the risks assumed based on previously established criteria.

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23
Q

Facultative reinsurance

A

A primary insurer seeks reinsurance tailored to cover a specific risk or exposure without an ongoing agreement.

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24
Q

Captive Insurer

A

An insurer that is owned by a parent firm or group of firms.

25
Q

Surplus Lines Insurance

A

*Non-traditional insurance market.
*Provides coverage for unusual risk or unique situations.
*Primary insurer: the insurance company that transfers some or all of its loss exposure to another insurerThe insured must show that they have tried to secure coverage in their authorized market unsuccessfully; they cannot apply just because it is less expensive.

26
Q

Service Providers

A

Sell medical and hospital care services, not insurance.

27
Q

Lloyd’s of London

A

A syndicate of individuals and companies that individually underwrite insurance.

28
Q

Industrial Insurer

A

Relatively small face amounts ($1000-$2000 each). Home service or debit insurers. Selling agents visit the owner’s home each week.

29
Q

Authorized Insurer

A

*AKA “Admitted insurer”
*Issued a Certificate of Authority

30
Q

Domestic Insurer

A

*Organized and incorporated in the state where it is writing business and has its principal office.

31
Q

Foreign Insurer

A

*Authorized in one state but organized and incorporated under the laws of a different state

32
Q

Alien Insurer

A

*Authorized in any state
*Principle office is located outside the country

33
Q

Producers

A

Individuals who solicit the sale of insurance products to the public.

34
Q

Agents

A

Represent one or more insurers under the terms of their appointment contract.

35
Q

Brokers

A

Represent themselves and the inslured.

36
Q

Solicitors

A

Not licensed to sell insurance. A solicitor represents a producer and solicits prospective applicants to meet and discuss their insurance needs with that producer on their behalf.

37
Q

Service Representatives

A

Insurance company employees who do not engage in sales activities that pay comissions.

38
Q

Underwriters

A

Identify, assess, examine and classify the amount of risk represented by an applicant to determine if coverage should be provided and at what cost.

39
Q

Actuaries

A

Calculate policy rates, reserves and dividends. They also make statistical studies and reports.

40
Q

Adjuster

A

Engages in investigative work to obtain information for adjusting, settling or denying insurance claims.

41
Q

In a sales transaction, who does the agent and broker represent?

A

Agents represent the insurer and brokers represent the buyer

42
Q

In disputes between insureds and the insurer, who does the agent represent?

A

The agent who solicits an insurance application represents the insurer and not the insured or beneficiary.

43
Q

Managerial System

A

Insurance company establishes branch offices in multiple locations and hires a salaried branch manager.

44
Q

Personal Producing General Agency (PPGA)

A

Sell insurance without career agents. Supervised by regional directors.

45
Q

Independent Agency System

A

A creation of the property and casualty industry, does not tie a sale staff or agency to any one insurance company.
AKA American agency system

46
Q

1868-Paul v. Virginia

A

A US Supreme Court decision in which one state’s attempt to regulate an insurance company domiciled in another state.

Outcome: The Supreme Court sided against the insurance company, ruling that the sale and issuance of insurance is not interstate commerce > state has the right to regulate insurance

47
Q

1944-United States v. Southeastern Underwriters Association (SEUA)

A

The Supreme Court revisited the issue of state versus federal regulation of the insurance industry. In the SEUA case, the Supreme Court ruled that the insurance industry is a form of interstate commerce regulated by the federal government.

Outcome:
State does still have power over regulation but federal legislation precedes first.

48
Q

1945-The McCarran-Ferguson Act.

A

Created due to the turmoil caused by the SEUA case. Congress creates Public Law 15 which states that the state must have the public’s best interest.
*Also created anti-trust laws
*Any person who violates the McCarran-Ferguson act faces a fine of $10,000 or one year in jail

49
Q

1958-intervention by the FTC

A

*the FTC sought to control the insurance industry in the mid 1950’s to no avail.
*the Supreme Court rule that they cannot control it (though they have continued to try).

50
Q

1959-intervention by the SEC

A

*Supreme Court regulates that Variable Annuities and Variable Life Insurance are both subject to both SEC and state regulations.

51
Q

1970-Passage of the Fair Credit Reporting Act

A

*Attempt to protect an individual’s right to privacy
*Requires fair and accurate reporting of information about consumers and their applications.
*If any consumer report is used to deny coverage or charge higher premiums, the insurer must furnish the applicant with the name of the reporting agency conducting the investigation.
*Penalty for failure to comply with the above is $5000 and 1 year in prison

52
Q

1994- United States Code Sections 1033 and 1034

A

*It is a criminal offense for an individual convicted of a felony involving dishonesty or a breach of trust to participate in the insurance business without first obtaining a “Letter of Written Consent to Engage in the Business of Insurance” from the appropriate state regulator.
*Punishment is $50,000 and 15 years in prison and license revocation.
*If convicted of a felony involving dishonesty, an individual must receive written consent from the state insurance regulatory insurance and a 1033 waiver to conduct business in the insurance business again

53
Q

1999-Financial Services Modernization Act

A

AKA Gramm-Leach-Bliley Act (GLBA)
*Allowed commercial banks, investment banks, retail brokerages and insurances companies to engage in each other’s lines of business

This act repealed the Glass-Steagall Act of 1933 which barred common ownership of banks, insurance companies and securities firms

54
Q

2001- Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (Patriot Act).

A

Adopted in response to the 2001 September 11th terrorist attack.
*The law aims to detect, deter and disrupt terrorist efforts and funding.

55
Q

2003- Do Not Call Implementation Act.

A

The do not call registry allows consumers to list their phones in a registry of numbers to whom telemarketers (including insurers) cannot legally make solicitation calls. Charities, political organizations, and surveys are exempt.

56
Q

National Association of Insurance Commissioners (NAIC)

A

All state regulators are members of this.
Objectives of the NAIC:
*encourage uniformity among state insurance laws
*assist in the administration of those laws
*protect the interests of policyowners and consumers
*preserve state regulation of the insurance business

57
Q

Unfair Trade Practices Act

A

Gives the head of each state insurance department power to investigate insurance companies and producers.
May give cease and desist orders.
May seek a court injunction to restrain insurers from using any method believes to be unfair.

58
Q

The National Conference of Insurance Legislators (NCOIL)

A

Works to preserve state regulation of the industry and educate policymakers on related issues.