Chapter 22 - Auto Insurance Flashcards

1
Q

Define Appraisal Provision

A

(clause) Used when the insured and the insurer agree that the loss is covered, but the amount of the loss is in dispute. The appraisal can be demanded by either party.

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2
Q

Define Betterment

A

The increase in value of the auto not payed by the insurer after a car’s value goes up after a repair.

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3
Q

Define Cancellation.

A

When the insured or insurer cancels a policy.

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4
Q

Define Collision Loss

A

Damages to an automobile caused by the upset of the automobile or its impact with another vehicle or object. Collision losses are paid by the insurer regardless of fault.

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5
Q

Define Coverage for Damage To Your Auto

A
  • That party of the personal auto policy that pays for damage or theft of the insured automobile.
  • The optional coverage can be used to insurance both collision and other-than-collision losses.
  • Collision losses are paid regardless of fault
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6
Q

Define Extended Nonowned Coverage Endorsement

A

Endorsement that can be added to auto liability insurance policy that covers the insured while driving any nonowned automobile on a regular basis.

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7
Q

Define Gap Insurance

A

Insurance that pays the difference between the amount your insurer pays for a totaled car and the amount owed on the loan or lease.

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8
Q

Define Liability Coverage

A

The part of the personal auto policy that protects a covered person against a suit or claim for bodily injury or property damage arising out of the negligent ownership or operation of an automobile.

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9
Q

Define Medical Payments Coverage

A

The part of the personal auto policy that pays all reasonable medical and funeral expenses incurred by a covered person within three years from the date of an accident.
-They are paid without regard to fault.

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10
Q

Define Miscellaneous-Type Vehicle Endorsement

A
Added to insure: 
motorcycles, 
mopeds, 
motorscooters, 
golf carts,
motor homes,
dune buggies,
and similar vehicles.

NOT snowmobile (requires separate endorsement)

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11
Q

Define Nonowned Auto

A

A private passenger auto, pickup, van, or trailer not owned by or furnished or made available for the regular use of the named insured or family member, while it is in the custody of or being operated by the named insured or family member.

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12
Q

Define Nonrenewal.

A

When an insurer decides to discontinue the policy at the end of the coverage period.

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13
Q

Define Other-Than-Collision Loss

A

Part of the coverage available under Part D. Coverage for Damage to Your Auto in the personal auto policy. All physical damage losses to an insured vehicle are covered except collision losses and those losses specifically excluded.

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14
Q

Define Single Limit

A

The total amount of liability insurance that applies to the entire accident without a separate limit for each person.The total amoumt of insurance applies to both bodily injury liability and property damage liability.

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15
Q

Define Split Limits

A

The amount of insurance for bodily injury liability and property damage liability are stated separately.

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16
Q

Define Supplementary Payments. Includes 5

A

In liability coverage in addition to the policy limits and a legal defense, expenses such as:

  • Up to $250 for the cost of a bail bond
  • Premiums on appeal bonds and bonds to release attachments
  • Interest accruing after a judgement
  • Up to $200 daily for loss of earnings
  • Other reasonable expenses
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17
Q

Define Temporary Substitute Vehicle

A

A nonowned auto or trailer that you are using temporarily because of mechanical breakdown, repair, servicing, loss, or destruction of a covered vehicle.

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18
Q

Define Underinsured Motorist Coverage

A

Coverage that can be added to the personal auto policy. Coverage pays damages for a bodily injury to an insured caused by the ownership and operation of an underinsured vehicle by another driver. The negligent driver may have insurance that meets the state’s financial responsibility or compulsory insurance law requirement, but the amount carried is insufficient to cover the loss sustained by the insured.

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19
Q

Define Uninsured Motorist Coverage

A

That part of the personal auto policy designed to insure against bodily injury caused by an uninsured motorist, a hit-and-run driver, or a driver whose company is insolvent.
-In some states, property damage is also covered

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20
Q

Define Your Covered Auto

A

The definition of what is covered as being your automobile. It is made up four classes of vehicles:

  • Any vehicle shown in the declaration
  • A newly acquired auto
  • A trailer owned by the named insured
  • A temporary substitute vehicle
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21
Q

Define Diminution In Value

A

A loss in market or resale value from a direct and accidental physical damage loss to a covered auto that a policy does not cover and specifically told to the insured in a clarifying endorsement.

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22
Q

Define Collision

A

The upset of your covered auto or nonowned auto or its impact with another vehicle or object.

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23
Q

What must an insurer do when they decide not to renew a policy?

A

Give the named insured at least 20 days notice before the end of the policy period.

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24
Q

What is PAP and who drafted it?

A

Personal Auto Policy.

It was drafted by the Insurance Services Office (ISO)

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25
Q

Under PAP, what is an eligible vehicle?

A
  • Four wheeled motor vehicle
  • Owned by the insured
  • For at least six continuous months
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26
Q

What are the requirements that a pickup or van must meet in order to be considered an eligible vehicle? 2

A

1-Have a Gross Vehicle Weight Rating of 10,000 pounds or less, and
2- Must not be used to transport business materials unless the materials are incidental to the named insured’s business, and that business in installing, maintaining, or repairing furnishings or equipment, or is used in farming or ranching.

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27
Q

When can a nonowned vehicle be listed in a policy’s declaration?

A

A vehicle listed in the declaration that is leased for at least six months is a covered auto as well.

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28
Q

What is considered a newly acquired auto?

A

A private passenger auto, pickup, or van is a covered auto if it is acquired by the named insured during the policy period.

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29
Q

What is Part A of PAP?

A

Liability Coverage

30
Q

What is Part B of PAP?

A

Medical Payments Coverage

31
Q

What is Part C of PAP?

A

Uninsured Motorist Coverage

32
Q

What is Part D of PAP?

A

Coverage for Damage to Your Auto

33
Q

What is Part E of PAP?

A

Duties after an Accident or Loss

34
Q

What is Part F of PAP?

A

General Provisions

35
Q

For liability coverage, how what does each of the following represent? A/B/C

A

A - Per person liability coverage
B - Total per accident liability coverage
C - Property liability coverage.

36
Q

When does the insurer’s duty to settle or defend a claim end?

A

When the limit of liability has been exhausted by payment of a judgement or settlement.
Also if the claim is settled for less than the policy limits.

37
Q

What four groups are considered insured parties under the liability section of PAP?

A
  • The named insurer and any resident family member
  • Any person using the named insured’s covered auto with permission.
  • Any person or organization legally responsible for any insured’d use of a covered auto on behalf.
  • Any person or organization legally responsible for the named insured’s or family members’ use of any auto or trailer (other than a covered auto or owned by that person or organization).
38
Q

Besides the settlement of a suit, what else will the liability coverage pay for? 2

A
  • To provide defense and pay all legal defense costs for claims covered by the insurance
  • Certain supplementary payments
39
Q

What are the exclusions of the Liability Coverage? 8

A
  • Intentional injury or damage
  • Property owned or transported
  • Property rented, used, or in the insured’s care
  • Bodily injury to an employee
  • Use as a public livery or conveyance (taxi)
  • Vehicles used in the auto business
  • Vehicles with fewer than four wheels
  • Vehicles furnished for the insured’s regular use
40
Q

What happens if you have an accident that has higher liability limits than your state requires (and you have)?

A

The PAP automatically provides the higher specified limits.

41
Q

If you are driving a friend’s car and get into an accident and injure someone, both your coverage and your friend’s liability coverage can apply, but whose is applied first?

A

The vehicle owner’s coverage applies first and your insurer covers the excess up to your maximum coverage limit.

42
Q

What does the insured cover when more than one liability policy/Medical Payments covers a loss for an owned vehicle?

A

The pro rata share of the loss.

43
Q

Under medical payments coverage, who is covered and when?

A
  • The named insured and family members are covered:
    • While occupying any motor vehicle, or
    • As pedestrians when struck by a motor vehicle
  • Other person’s occupying a covered auto are covered
    • But not covered in a nonowned vehicle
44
Q

What are the exclusions related to Medical Payments? 5

A
  • While occupying a vehicle with fewer than four wheels
  • While operating the vehicle as a public livery or conveyance
  • When the vehicle is used as a residence
  • When the vehicle is used without reasonable belief of permission
  • When the vehicle is competing in a race.
45
Q

What are important points to keep in mind about uninsured motorist coverage? 4

A
  1. The coverage applies only if the uninsured motorist is legally liable.
  2. The insurer’s maximum limit of liability for any single accident is the amount shown in the declarations.
  3. The claim is subject to arbitration if the insured and insurer disagree over the amount of damages or whether the insureds is entitled to receive any damages.
  4. Some states also include coverage for property damage from an uninsured motorist in their uninsured motorist law.
46
Q

What three groups of people are covered under uninsured motorist coverage? 3

A
  • The named insured and his or her family members
  • Any other person while occupying a covered auto
  • Any person legally entitled to recover damages.
47
Q

When does uninsured motorist coverage not apply? 7

A
  • An insured is insured in, or by, a vehicle owned by the named insured, but not insured under the policy. (ie, no uninsured motorist coverage applied)
  • There is primary coverage under another policy
  • Settling a claim without the insurer’s consent (When insurer gets in the way or insurer’s legal fight)
  • The vehicle is used as a public livery or conveyance.
  • No reasonable belief of permission.
  • When workers compensation benefits are applicable.
  • No punitive damages.
48
Q

Under which section does Underinsured motorist coverage fall?

A

C - Uninsured motorist. It can be added on as an endorsement.

49
Q

What four groups of vehicles are considered uninsured vehicles?

A
  • A motor vehicle or trailer for which no bodily injury liability insurance policy applies at the time of the accident.
  • If the amount of bodily liability insurance is less than that required by state law, that vehicle is considered uninsured.
  • A hit-and-run vehicle
  • A vehicle to which liability coverage applied but the insurer denied coverage or is insolvent
50
Q

What are limitations to uninsured motorist coverage when more than one uninsured motorist provision applies to a loss?

A
  • If an insurer provides coverage on a vehicle not owned by the named insured, the insurance provided is excess over any collectible insurance provided on a primary basis.
  • When the named insured’s policy and the other policy provide uninsured motorist coverage on a primary basis, each policy pays its pro rata share of the loss.
  • When the named insured’s policy and the other policy provide uninsured motorist coverage on an excess basis, each policy also pays its pro rata share of the loss.
51
Q

What amount is paid out for underinsured motorist coverage?

A

The coverage limit stated in the policy less the amount paid by the negligent driver’s insurance.

52
Q

Under the coverage for damage to your auto, what does the insurer agree to pay for?

A
  • Any direct and accidental loss to a covered auto or any non covered auto.
  • Temporary transportation expenses
53
Q

What perils are covered under Part D for other-than-collision losses? 16

A
  • Missiles
  • Falling Objects
  • Hail
  • Water
  • Flood
  • Fire
  • Windstorm
  • Riot
  • Civil Commotion
  • Malicious Mischief
  • Vandalism
  • Contact with an animal (The collision falls under the other-than-collision loss)
  • Theft
  • Glass breakage
  • Explosion
  • Earthquake
54
Q

When might a collision damaged waiver be unnecessary on a rental car?

A

If you carry collision and comprehensive coverage on your own car.

55
Q

What are the two optional coverages under Part D?

A

Collision Coverage

Other-Than-Collision Coverage

56
Q

Part D applies to a nonowned auto. How is a nonowned auto defined in Part D?

A
  • A private passenger auto, pickup, van, or trailer not owned by or furnished or made available for regular use of the named insured or family member, while it is in the custody of or being operated by the named insured or family member
  • The coverage also applies to a temporary substitute vehicle
57
Q

What are the conditions for Part D to cover temporary transportation expenses? 4

A
  • The expense must be the result of a covered loss
  • Coverage is subject to a daily and total limit
  • Includes charges from a rental car company for loss of daily rental
  • Coverage for towing and labor costs can be added by an endorsement
58
Q

What is excluded under Part D?

A
  • Use as a public or livery conveyance
  • Damage from wear and tear, freezing, and mechanical or electrical breakdown.
  • Radioactive contamination or war
  • Electronic equipment - Only if not permanently installed in a covered or noncovered auto
  • Tapes, Records, or Disks (You can get an endorsement for these)
  • Government destruction or confiscation
  • Trailer, camper body, or motor home
  • Loss to a nonowned auto used without reasonable belief of permission.
  • Radar detection equipment
  • Custom furnishings or equipment
  • Nonowned auto used in the auto business
  • Racing vehicle
  • Rental car loss or loss of use
59
Q

What amount is paid out under Part D?

A

The lower of:

  • Actual cash value of the damaged or stolen property, or
  • Amount necessary to replace the property with other property of like kind and quality.
60
Q

When is a vehicle so badly damaged it is considered a constructive total loss? What is paid at that point?

A
  • If the cost of repairs exceeds the vehicles actual cash value less the deductible.
  • The actual cash value less the deductible.
61
Q

What can limit the insurer’s liability regarding Part D coverage?

A
  • Betterment - they won’t pay if for any increase in value of the vehicle resulting from the repairs
  • Diminution in value - so insurers don’t have to pay for loss in car value for a vehicle that has been damaged and repaired compared to a vehicle that has not been damaged.
62
Q

Regarding Part E, Duties after and accident or loss, what is certain duties is the insured required to perform after an accident? 6

A
  • Promptly notify the insurance company or agent
  • Cooperate with the insurer in the investigation
  • Send the insurer copies of any legal notices in connection with an accident
  • Take a physical exam, if required
  • Authorize your insurer to obtain medical reports and other pertinent records
  • Must submit a proof of the loss at the insurer’s request
63
Q

Besides those relating to an accident where someone was injured, what other obligations are there under Part E? 4

A
  • The police must be notified if a hit-and-run driver is involved
  • The insured is allowed to inspect and appraise your vehicle before it is repaired if you are seeking coverage under Part D.
  • If you bring a lawsuit against the uninsured driver, you must send copies of the legal papers to your insurer.
  • Take reasonable steps to protect the vehicle from further damage.
64
Q

When can the insurer deny coverage regarding Part E?

A

The insurer can deny coverage only if failure to comply is prejudicial (harmful) to the insurer.

65
Q

Under the Cancellation provision found in Part F, what must be done for the insured to cancel the policy?

A

-It can be done at any time by returning the policy to the insurer or by giving written notice of the effective date.

66
Q

Where does PAP provide coverage? 4

A

Only in the:

  • United States
  • or its territories or possessions
  • Puerto Rico, and
  • Canada
67
Q

What are the four parts of the provision that applies to termination in Part F?

A
  • Cancellation
  • Nonrenewal
  • Automatic Termination
  • Other Termination Provisions.
68
Q

Under the Cancellation provision found in Part F, what must be done for the insurer to cancel the policy?

A

If a policy has been in force for less than 60 days:

  • The insurer can cancel by sending a cancellation notice to the named insured.
    • At least 10 days’ notice must be given if the cancellation is for nonpayment of premiums
    • At least 20 days’ notice is required in all other cases

If a policy has been in force for more than 60 days, the insurer can cancel only if:

  • The premium has not been paid
  • The driver’s license of any insured has been suspended, or
  • The policy was obtained through material misrepresentation
69
Q

When is a policy automatically terminated? 2

A
  • If the insured declines the insurer’s offer to renew.
  • If other insurance is obtained on a covered auto, the PAP insurance on that auto automatically terminates on the day the other insurance becomes effective.
70
Q

What are three points to be aware of if you elect to add a miscellaneous-type vehicle endorsement to your PAP

A
  1. Liability coverage does not apply to a nonowned vehicle. (other than a temporary substitute vehicle)
  2. A passenger hazard exclusion can be elected which excludes liability for bodily injury to any passenger on the motorcycle. (Lowers premiums but the insured retains the liability.
  3. The amount paid for any physical damage losses to the motorcycle is limited to the lowest of:
    - The stated amount shown in the endorsement,
    - The actual cash value, or
    - The amount necessary to repair or replace the property less any deductible