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54 Cards in this Set

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T or F? Tenants legal liability coverages are intended to insure all losses to the premises which the insured has assumed in contract

False, liabilities in TORT only. Can be insured in separate contract.

T or F? Coverage would be provided for bodily injury arising out of the venting of toxic fumes from the insured’s premises onto another’s.

False. Pollution exclusion is absolute.

Identify the elements considered to constitute a product

The actual product


Containers, materials, parts of equipment


Warranties or representations

Discuss the meaning of work within the context of the CGL

Work done by insured.


Work performed on behalf of insured.


Materials, parts, or equipment


Warranties or Representations.

3 theories which can be used by the courts to determine the timing of an occurrence.

Exposure theory


Exposure in residence theory


Manifestation theory

When should the Extended Reporting Period Endorsement be purchased?

Going out of business.


Changing from a claims made to and occurrence policy.


Replacing claims made policy with another insurer.

Three recognized levels of performance

Complete or satisfactory performance.


Substantial performance.


Material breach.

4 remedies for breach of contract

1. Provide for payment of damages to the injured party


2. Enforce specific performance of the contract terms


3. Grant an injunction prohibiting certain acts or ensuring performance of certain acts


4. Permit rescission of the contract

What is common duty owed?

To take such care that the visitor will be reasonably safe in using the premises

3 reasons an independent contractor would not be held liable

1. The work is inherently dangerous


2. Contractor was supplied with defective materials & equipment


3. Principal controls the manner the work is done

2 reasons a product may be defective

1. Contained something it should not have.


2. Something was omitted in the manufacturing.

4 Duties of manufacturers

Safe design


Safe manufacture, construction, assembly, & packaging


Proper warnings of danger


Provide instructions

2 things present for a completed operations claim

Occurred away from premises of person doing the work


The work was completed or abandoned

2 times a contingent liability exposure can exist

1. Work is done by people who are not employees.


2. When employees work in another province for longer periods than are allowed by workers comp.

3 liabilities of business owners insured by the CGL

1. Tort liability


2. Certain Contractual Liabilities


3. Statutory liability

Insured contracts under the CGL

1. A premises lease.


2. A sidetrack agreement.


3. An easement agreement.


4. Elevator maintenance agreement.

Supplementary payments under the CGL (Coverage A, B, & D)

1. Insurers costs.


2. Costs of bonds to release attachments.


3. Reasonable expenses to assist insurer in investigation & claim defence.


4. All costs taxed against insured + interest after entry of judgement.

4 factors to determine premium in Premises & Operations Liability

1. Square footage.


2. Occupancy.


3. Payroll.


4. Location.

3 factors to determine premium in Products Liability

1. Type of products sold


2. Sales volume.


3. Territory where products are sold.

2 factors to determine premium for Completed Operations Liability

1. Type of work performed


2. Gross receipts

What are the three parts of an insured’s “work”?

1. Work done by insured.


2. Work done by subcontractors.


3. Materials, parts, or equipment

How much is enough insurance?


(5 factors)

1. Previous awards made by courts for similar businesses.


2. Inflation.


3. Existence of insurance.


4. Territory of operations.


5. Ability of the babies to absorb certain losses.

3 features of a Claims Made Policy for a CGL

1. Coverage triggered when claim is made.


2. Coverage limited by retroactive date.


3. Reporting period can be extended.

3 types of non-owned automobiles

1. Owned by employee.


2. Hired automobile.


3. Operated under contract for insured.

3 factors used to classify loss exposures

1. Type of value


2. Peril causing the loss.


3. Financial consequences of the loss.

4 types of values exposed to loss in most organizations (Ch. 6)

1. Property Values.


2. Net income values.


3. Liability loss.


4. Personnel loss.

3 forecasts which are necessary in selecting risk management techniques

1. Forecast of frequency & severity of losses that can be expected.


2. Forecast of the effects of various risk control & financing techniques.


3. Forecast the costs of this techniques.

T or F? Special risk management decisions generally do not have to be made for loss exposures having a frequency rating of Almost Nil and a Slight severity rating.

True

3 problems with using insurance as a risk financing technique

1. Insurer may become insolvent.


2. Disagreement with insurer regarding coverage.


3. Inadequate limits.

3 advantages to a broker who uses risk management techniques

1. More informed clientele.


2. Increased customer referrals.


3. Increased claims satisfaction.

4 methods of payment under marine insurance

1. Cash in advance.


2. Open account.


3. Draft.


4. Letter of credit.

3 specific areas of insurable interest addressed by the INCOTERMS.

1. At which point in transit the seller has fulfilled its obligation.


2. At which point the buyer or seller is responsible for carriage.


3. At which point the buyer or seller is responsible for insurance.

4 characteristics common to open policies in marine insurance.

1. Sums insured are not stated.


2. Premium rate stated on policy.


3. Goods of every description.


4. No expiry.

5 values typical to cargo insurance losses

1. Value of cargo.


2. Shipping costs or freight.


3. Other expenses.


4. Duties and taxes.


5. Plus 10%

3 exclusions common to Institute Cargo Clauses

1. Unseaworthiness.


2. Strikes.


3. War.

3 common implied warranties

1. Legality


2. No delay


3. No deviation

7 Factors considered by underwriters when evaluating an application for cargo insurance

1. Carriers used


2. Experience of shipper or shipowner


3. The route taken


4. Condition of harbours


5. Type of cargo 6. Perils insured


7. Packing methods

3 ways Aircraft (Hull) coverages are available

1. Hull Coverage A - All Risks


2. Hull Coverage B - Ground and Taxiing


3. Hull Coverage C - Ground Only

3 Deductibles in Aviation Insurance

1. In motion


2. Not in motion


3. Moored

What are the provisions of the layup endorsement in regards to aviation insurance? (5)

-purchased at inception of policy


-reports of layup made within 90 days of policy expiry


-usual layup for 30 consecutive days


-refund held until policy expires


-no refund if a loss payment is in excess of premium

3 circumstances an unapproved pilot may operate the aircraft

1. Being tested by Transport Canada


2. Operated by a pilot providing an approved pilot upgrading flight instruction


3. Not in flight, operated by a person qualified to do so

3 items of information on a pilots record and report?

1. Class of license & endorsements


2. Total hours as pilot in command


3. Previous accidents in last 5 years

3 C's forming the basis of credit appraisal

1. Character


2. Capacity


3. Capital

3 parties to any surety agreement

1. Principal - person primarily liable


2. Obligee - the party to whom the bond is given


3. Surety - promises to answer for the default of the principal

3 characteristic of surety's guarantee

1. Promise is made to the obligee not the principal


2. Is a secondary obligation arising only on the default of the principal


3. Surety's duty to pay arises only out of default of principal

7 Characteristics of Surety Bonds

1. 3 party contract


2. Principal Liable to Surety


3. No losses expected


4. Statutory or non-statutory


5. Bond Limit 6. Bond premium


7. Written contract

3 risks owners face when undertaking a construction project without protection of bonds

1. The inability of the successful bidder to enter into contract


2. Failure of the contractor to complete project at contract price


3. Inability of the contractor to pay subcontractor or suppliers

Who requires Construction Bonds?

1. Owners


2. General contractors


3. Subcontractors

3 main items of interest on a contractor's financial statement used to establish bond limits

1. Working capital WC = CA-CL


2. Net worth


3. Profitability

2 methods of reporting the "w.i.p." for a contractor

1. Completed contract method


2. Percentage of completion method

4 guarantees contractors could use as back-up

1. Indemnity agreements


2. Third party indemnities


3. Collateral Security


4. Subordination agreements

5 Guarantees provided by various license and permit bonds

1. Compliance guarantees


2. Financial guarantees


3. Indemnity agreements


4. Good Faith guarantees


5. Credit guarantees

5 Court Bonds

1. Plaintiff & Defendants' bonds


2. Attachment bond


3. Release of attachment bond


4. Injunction bond


5. Appeal bond

3 fiduciary bonds

1. Administrators & executors


2. Guardians & committees


3. Trustees in Bankruptcy