Chapter 7 Flashcards

(45 cards)

1
Q

Efficient Claims Process Benefits

A

• increased customer satisfaction
• leading customers to pay higher premiums for better service

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2
Q

Impacts of a Loss on a Commercial Customer

A

• loss of trading time
• potential harm to reputation
• need to rebuild customer base

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3
Q

Schedule of Location and Values

A

to specify insured locations within the territorial scope of the policy

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4
Q

Initial Actions of a Claims Handler

A

• instruct a loss adjuster
• set diary dates for updates
• consider an initial reserve

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5
Q

Investigations

A

• weather reports
• newspaper reports
• witness statements
• police / fire brigade reports

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6
Q

Reservation of Rights

A

when a claim is accepted for handling but may later be found not covered after further investigation

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7
Q

Leading example in Reservation of Rights and Estoppel

A

Kosmar Villa Holidays plc v Trustees of Syndicate 1243

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8
Q

Terms affecting Indemnity

A

• sum insured/policy limits
• excess/deductible
• average/underinsurance
• sub limits

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9
Q

First Loss in Commercial Insurance

A

a method where the sum insured is less than full property value, covering only anticipated losses

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10
Q

Different Excesses in Commercial Policies

A

separate excesses may apply to specific risks (e.g, fire, theft, storm) as a risk management measure

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11
Q

Time-Based Excess

A

an excess where claims are only payable if a loss exceeds a certain duration (e.g: 3 days in business interruption policies)

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12
Q

Difference between a Deductible and an Excess

A

deductibles often allow a premium discount and are typically used in the commercial market

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13
Q

Deductible Applications

A

it can be applied per location or over the whole policy with specific time periods, like 72 hours for weather events

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14
Q

Aggregate Deductible

A

an upper limit on the total deductible amount the policyholder pays in a year, usually four times the individual deductible

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15
Q

Working Excess

A

the self-insured amount a policyholder pays before submitting smaller claims, often managed by company budgets

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16
Q

Average Clause Formula

A

(Sum Insured / Value at Risk) x Amount of Loss = Insurer’s Liability

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17
Q

Loss Adjuster factors for Valuing Damaged Stock

A

• inspection of stock
• record verification
• purchase receipts
• salvage value

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18
Q

Claims Handler’s role in Valuing Losses

A

to review the loss adjuster’s findings and apply policy terms to determine an appropriate claim amount

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19
Q

Indemnity on Property

A

value at the date of the loss and at the place of the loss

no claim for:
• sentimental value
• consequential loss

20
Q

Indemnity on Buildings

A

the cost of repair or reconstruction at the time of the loss less any deduction for betterment

21
Q

Indemnity on Machinery and Equipment

A

the cost of repair less any deduction allowance for wear and tear

alternatively: the cost of replacement, less wear and tear

22
Q

Indemnity on Manufacturers’ stock, raw material, work in progress and finished stock

A

the cost at the time of the loss of replacing the goods or returning them to their previous condition

23
Q

Indemnity on Wholesale and Retail Stock

A

the cost at the time of the loss of replacing the stock, including transport

24
Q

Indemnity on Farming Stock

A

livestock and produce - the local market price

stock produced for sale - market process less any savings made on processing, handling or transport

stock on farm consumption - cover replacement at market price plus transport costs

25
Indemnity on Pecuniary Insurance
paid in accordance with a standard formula which is set out in the policy wording
26
Indemnity on Liability
the cost of any court or negotiated “out of court” settlement, plus costs and expenses
27
Indemnity on Marine Insurance
unvalued - value of the subject matter at the commencement of the risk valued - for cargo the basis of valuation will typically be stated partial loss - ships repairs or depreciation in value
28
Reinstatement
property that is lost/destroyed (rebuilt/replaced) or damaged (repaired/restored)
29
Indemnity in Reinstatement
the property should not be better or more extensive than it was when new
30
Reinstatement Conditions
• replacement/repair should be done as new • rebuild on a different site is allowed if it doesn’t increase liability • work must start promptly after damage • adequate sum insured: if under 85%, the policyholder shares the loss proportionately
31
When will the Insurer NOT pay for reinstatement?
if (A) costs aren’t incurred, (B) there’s another policy without similar reinstatement terms or (C) terms aren’t followed
32
Business Interruption Claim Goals
to cover lost profit and any additional costs caused by the insured event
33
Loss of Profit calculated in Business Interruption Claims
by comparing last year’s turnover and profits to the reduced figures after the event
34
Basic Elements in calculating a Loss of Profit claim
• last year’s turnover and profits • reduced turnover and profits due to the loss • additional costs incurred (e.g recovery costs) • savings from the interruption (e.g lower utility bills)
35
After Business Interruption Settlement
prompt payment is arranged, the insured may need to sign an acceptance or release form
36
Arbitration
a binding dispute resolution process, often used to keep disputes private and confidential
37
The Arbitration Act 1996
grants procedural powers to arbitrators and parties
38
Arbitration v Litigation
Arbitration can be as slow and costly as litigation, but is confidential and doesn’t set precedents
39
Arbitration Award appealing limits
appeals are limited, mainly to cases of fraud or bias by arbitrators
40
Mediation
a non-binding ADR process where a mediator facilitates negotiation between parties confidential, flexible and has the presence of decision-makers with authority to settle
41
Mediator Role
to act as a neutral facilitator without making decisions, guiding parties to their own settlement
42
Advantages and Disadvantages of Mediation
Advantages • quick • flexible • private • cost-effective Disadvantages • non-binding • doesn’t determine legal liability • can add costs if done too late
43
Early Neutral Evaluation
a non-binding evaluation by a neutral party on the likely outcome of a court case, encouraging settlement
44
Expert Determination
an agreement to let an expert make a binding decision on technical disputes, often used for valuations or complex matters
45
What happens if ADR fails?
the dispute proceeds to litigation under Civil Procedure Rules in civil courts