General Insurance Principles Flashcards

The principle of indemnity is a central concept in property and casualty insurance. Which of the following best describes this principle?

Answer: The insured should be restored to approximately the same financial position as before the loss.

The principle of indemnity states that insurance should make the insured whole again, restoring them to their approximate financial condition that existed prior to the loss, but it should not allow the insured to profit from the loss. This is a fundamental concept to prevent insurance from being used as a gambling or investment vehicle.

Sarah is concerned about a large oak tree in her neighbor's yard and decides to purchase a homeowner's policy on her neighbor's house to cover potential damage if the tree falls. The insurer denies the policy application. What is the most likely reason for this denial?

Answer: Sarah does not have an insurable interest in her neighbor's house.

To purchase a property insurance policy, the policyowner must have an insurable interest, meaning they would suffer a direct financial loss if the property were damaged or destroyed. Since Sarah does not own her neighbor's house, she has no financial stake in it and therefore lacks the required insurable interest.

When applying for an auto insurance policy, an applicant intentionally fails to disclose that he uses his personal vehicle for a ride-sharing service, a fact that would significantly increase his premium. This failure to disclose a material fact is known as:

Answer: Concealment

Concealment is the intentional withholding of a material fact that would be crucial to an insurer's underwriting decision. By not disclosing his ride-sharing activities, the applicant is concealing information that would have influenced the premium and the terms of the policy.

An insurance policy is considered a 'contract of adhesion.' What is the primary implication of this characteristic for the policyholder?

Answer: The policy is offered on a 'take-it-or-leave-it' basis, and any ambiguities are typically resolved in favor of the insured.

A contract of adhesion is one prepared by one party (the insurer) and presented to the other party (the insured) on a non-negotiable, 'take-it-or-leave-it' basis. Because the insured has little to no opportunity to negotiate terms, courts generally rule that any ambiguous language in the contract will be interpreted in the manner most favorable to the policyholder.

An insured's car is damaged in an accident caused by a negligent third party. After the insurer pays the insured for the damages, it seeks to recover the payment from the at-fault driver. This process is called:

Answer: Subrogation

Subrogation is the right of the insurer to step into the shoes of the insured and pursue the at-fault party to recover the amount of the loss paid. This prevents the insured from collecting from both the insurer and the at-fault party for the same loss.

An insurance contract is considered aleatory. This means that:

Answer: The contract's performance depends upon an uncertain future event.

An aleatory contract is one in which the performance of one or both parties is contingent upon the occurrence of a particular, uncertain event. The insured pays a premium, but the insurer only has to pay a claim if a covered loss occurs, meaning the exchange of value is often unequal.