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PROPERTY INSURANCE FUNDAMENTALS

A Continuing Education Course

by

CPMI Professional Development, Inc.

1 CPMI Professional Development, Inc.


Copyright November 2015 First printed 1999

CPMI Professional Development, Inc., 613 Countryside Drive, Germantown Hills, IL 61548
e-mail: info@cpmipro.com Phone: 815-271-8200 Toll Free: 888-229-0451 Website: www.cpmipro.com

This textbook and the material herein are intended for the exclusive use of participants in the training programs of CPMI
Professional Development, Inc.

This material is designed for educational purposes only and is not intended as financial or legal advice. If legal or other
professional advice is required, the services of a competent professional should be sought.

Any reproduction of this workbook or any portion of it without the written permission of CPMI Professional Development,
Inc. is strictly prohibited and will be prosecuted to the full extent of the law.

2 CPMI Professional Development, Inc.


Table of Contents
Section I - General Insurance..................................................................................................................................9
Property and Casualty Concepts........................................................................................................................9
Personal Lines vs Commercial Lines.......................................................................................................................9
Risk Management Key Terms..................................................................................................................................9
Deposit Premium......................................................................................................................................................10
Tort...........................................................................................................................................................................10
Methods of Handling Risk.....................................................................................................................................10
Avoidance.................................................................................................................................................................10
Retention..................................................................................................................................................................10
Sharing......................................................................................................................................................................10
Reduction..................................................................................................................................................................10
Transfer.....................................................................................................................................................................10
Elements of Insurable Risks...................................................................................................................................10
Adverse Selection...................................................................................................................................................11
Law of Large Numbers...........................................................................................................................................11
Reinsurance.............................................................................................................................................................11
Limits of Liability...................................................................................................................................................11
Deductible...............................................................................................................................................................11
Insurers............................................................................................................................................................12
Types of Insurers....................................................................................................................................................12
Stock Companies......................................................................................................................................................12
Mutual Companies...................................................................................................................................................12
Assessment Mutual Insurers.....................................................................................................................................12
Self Insurers..............................................................................................................................................................13
Reciprocals (Reciprocal Insurers)............................................................................................................................13
Risk Retention Groups.............................................................................................................................................13
Purchasing Groups...................................................................................................................................................13
RRG vs PG...............................................................................................................................................................13
Fraternal Benefit Societies (Self-Insurers)...............................................................................................................13
Syndicate Insurers/Lloyd's Associations..................................................................................................................13
Private Versus Government Insurers........................................................................................................................14
Admitted vs Non-admitted Insurers.......................................................................................................................14
Domestic, Foreign, and Alien Insurers...................................................................................................................14
Financial Status (Independent Rating Services)....................................................................................................14
Marketing (Distribution Systems)..........................................................................................................................14
Producers and General Rules of Agency..........................................................................................................15
Insurer as Principal.................................................................................................................................................15
Producer/Insurer Relationship................................................................................................................................15
Agency Agreement/ Contract...................................................................................................................................15
Difference between an Insurance Agent and a Broker.............................................................................................15
Authority & Powers of Producers..........................................................................................................................15
Law of Agency.........................................................................................................................................................15
Express.....................................................................................................................................................................15
Implied......................................................................................................................................................................15
Apparent...................................................................................................................................................................16
Responsibilities to the Applicant/Insured...............................................................................................................16
Contracts..........................................................................................................................................................16
Elements of a Legal Contract.................................................................................................................................16
1- Offer and Acceptance...........................................................................................................................................16
2- Consideration (Exchange of Consideration)........................................................................................................16
3- Competent parties................................................................................................................................................16
4- Legal purpose.......................................................................................................................................................16
Distinct Characteristics of an Insurance Contract..................................................................................................16
Contract of Adhesion................................................................................................................................................17
Aleatory Contract.....................................................................................................................................................17
Personal Contract.....................................................................................................................................................17
Unilateral Contract...................................................................................................................................................17

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Conditional Contract................................................................................................................................................17
Legal Interpretations Affecting Contracts..............................................................................................................17
Ambiguities in a Contract of Adhesion....................................................................................................................17
Reasonable Expectations..........................................................................................................................................17
Indemnity..................................................................................................................................................................17
Utmost Good Faith...................................................................................................................................................17
Representations/Misrepresentations.........................................................................................................................17
Warranties.................................................................................................................................................................17
Concealment.............................................................................................................................................................17
Fraud.........................................................................................................................................................................18
Waiver and Estoppel.................................................................................................................................................18
Unfair Marketing Practices....................................................................................................................................18
Boycotting................................................................................................................................................................18
Intimidation..............................................................................................................................................................18
Misappropriation of Funds.......................................................................................................................................18
Rebating....................................................................................................................................................................18
Redlining..................................................................................................................................................................18
Section I - General Insurance Review Questions.............................................................................................19
Section II - Property Insurance Basics..................................................................................................................20
Principles and Concepts...................................................................................................................................20
Insurable Interest....................................................................................................................................................20
Underwriting...........................................................................................................................................................20
Function....................................................................................................................................................................20
Sources of Underwriting Information......................................................................................................................20
Rating Types.............................................................................................................................................................20
Loss ratio..................................................................................................................................................................20
Rates.......................................................................................................................................................................20
Types of Rates..........................................................................................................................................................20
Loss Costs.................................................................................................................................................................21
Components/Premium Determination......................................................................................................................21
Hazards...................................................................................................................................................................21
Physical....................................................................................................................................................................21
Moral........................................................................................................................................................................21
Morale......................................................................................................................................................................21
Legal.........................................................................................................................................................................21
Causes of Loss (Perils)...........................................................................................................................................21
Named Perils vs. Open Perils.................................................................................................................................21
Direct and Indirect Losses......................................................................................................................................21
Direct Loss...............................................................................................................................................................21
Consequential or Indirect Losses.............................................................................................................................21
Liability..................................................................................................................................................................21
Absolute/Strict Liability...........................................................................................................................................21
Vicarious Liability....................................................................................................................................................21
Proximate Cause.....................................................................................................................................................22
Blanket vs. Specific Insurance...............................................................................................................................22
Basic Types of Construction...................................................................................................................................22
Basic Types of Construction.....................................................................................................................................22
Loss Valuation........................................................................................................................................................22
Resale Value.............................................................................................................................................................23
Actual Cash Value....................................................................................................................................................23
Replacement Cost.....................................................................................................................................................23
Functional Replacement Cost...................................................................................................................................23
Guaranteed Replacement Cost.................................................................................................................................23
Market Value............................................................................................................................................................23
Agreed Value............................................................................................................................................................23
Stated Amount..........................................................................................................................................................23
Valued Policy............................................................................................................................................................23
Limit of Liability......................................................................................................................................................23
Fire Legal Liability...................................................................................................................................................23

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Policy Structure...............................................................................................................................................23
Declarations and Definitions..................................................................................................................................23
Insuring Agreement or Clause................................................................................................................................23
Conditions...............................................................................................................................................................23
Exclusions & Endorsements...................................................................................................................................24
Additional/Supplementary Coverage.....................................................................................................................24
Common Policy Provisions.............................................................................................................................24
Insureds-Named, First Named, Additional.............................................................................................................24
Policy Period..........................................................................................................................................................24
Policy Territory.......................................................................................................................................................24
Deductibles.............................................................................................................................................................24
Other Insurance......................................................................................................................................................24
Non-concurrency......................................................................................................................................................24
Primary and Excess..................................................................................................................................................24
Handling of Claims- Pro-Rata vs. Contribution by Equal Shares............................................................................25
Pro-rata.....................................................................................................................................................................25
Contribution by Equal Shares...................................................................................................................................25
Policy Limits..........................................................................................................................................................25
Restoration/Non-reduction of Limits.....................................................................................................................25
Coinsurance............................................................................................................................................................25
Vacancy or Unoccupancy.......................................................................................................................................25
Named Insured Provisions......................................................................................................................................26
Insured's Duties after Loss (Claims Handling)........................................................................................................26
Appraisal & Arbitration............................................................................................................................................26
Assignment...............................................................................................................................................................26
Abandonment...........................................................................................................................................................26
Insurer Provisions...................................................................................................................................................26
Duty to Defend.........................................................................................................................................................26
Liberalization Clause................................................................................................................................................26
Subrogation..............................................................................................................................................................26
Salvage.....................................................................................................................................................................26
Claim Settlement Options........................................................................................................................................26
Third-Party Provisions...........................................................................................................................................27
Standard Mortgagee Clause......................................................................................................................................27
Loss Payable Clause.................................................................................................................................................27
No Benefit To the Bailee..........................................................................................................................................27
.........................................................................................................................................................................27
State Laws, Regulations and Required Provisions...........................................................................................27
State Property and Casualty Insurance Guaranty Association...............................................................................27
Standard Fire Policy...............................................................................................................................................27
Cancellation and Non-renewal...............................................................................................................................27
Private Residence.....................................................................................................................................................28
Commercial..............................................................................................................................................................28
Basic Property Insurance-Death of Named Insured.................................................................................................28
Negligence..............................................................................................................................................................28
Elements of a Negligent Act.....................................................................................................................................28
Four Basic Categories of Individuals that Cannot Be Held Negligent.....................................................................28
Defenses Against Negligence...................................................................................................................................28
Binders....................................................................................................................................................................29
Insurance Consultation Services Exemption..........................................................................................................29
Fair Credit Reporting Act................................................................................................................................29
Use of Credit Information......................................................................................................................................30
How Long can Negative Information Stay on a Credit Report?..............................................................................30
Privacy Protection...........................................................................................................................................30
Terrorism Risk Insurance Act..........................................................................................................................30
Extension Act of 2005............................................................................................................................................31
Section III - Dwelling Policy................................................................................................................................34
Characteristics and Purpose.............................................................................................................................34

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Coverage Forms: Perils Insured Against and Property Covered......................................................................34
Basic Form (DP-1).................................................................................................................................................34
Broad Form (DP-2)................................................................................................................................................35
Special Form (DP-3)..............................................................................................................................................35
General Exclusions..........................................................................................................................................36
Conditions.......................................................................................................................................................36
Selected Endorsements....................................................................................................................................36
Special Provisions for States..................................................................................................................................36
Automatic Increase in Insurance............................................................................................................................37
Broad Theft Coverage............................................................................................................................................37
Dwelling Under Construction................................................................................................................................37
Personal Liability Supplement.........................................................................................................................37
Section III - Dwelling Review Questions........................................................................................................38
Section IV - Homeowners Policy..........................................................................................................................39
Coverage Forms...............................................................................................................................................39
HO-1.......................................................................................................................................................................39
HO-2 Through HO-8..............................................................................................................................................39
Broad Form/HO-2 (Named Peril).............................................................................................................................39
Special Form/HO-3 (All-Risks/Open Peril).............................................................................................................39
Homeowners Contents/Tenant/Renter's Coverage/HO-4.........................................................................................39
Comprehensive Form/HO-5 (All-Risk/Open Peril).................................................................................................39
Condominium Unit Owner Form/HO-6...................................................................................................................40
Property and Liability Coverages....................................................................................................................40
Coverage A-Dwelling.............................................................................................................................................40
Coverage B-Other Structures.................................................................................................................................40
Coverage C-Personal Property...............................................................................................................................40
Coverage D-Loss of Use........................................................................................................................................41
Coverage E-Personal Liability...............................................................................................................................41
Coverage F-Medical Payments to Others..............................................................................................................41
Additional Coverages.............................................................................................................................................41
Perils Insured Against......................................................................................................................................42
Broad Form/HO-2, Named Perils:............................................................................................................................42
Additional Homeowner Notes.........................................................................................................................42
Pair and Sets Clause.................................................................................................................................................42
Additional/Supplemental Coverages........................................................................................................................42
Exclusions.......................................................................................................................................................43
Conditions.......................................................................................................................................................44
Personal Property Replacement Cost.....................................................................................................................44
Selected Endorsements....................................................................................................................................45
Special Provisions for States..................................................................................................................................45
Limited Fungi, Wet or Dry Rot, or Bacteria Coverage..........................................................................................45
Permitted Incidental Occupancies..........................................................................................................................45
Earthquake..............................................................................................................................................................45
Scheduled Personal Property/ Personal Article Floater.........................................................................................45
Home Day Care......................................................................................................................................................45
Mobile Home Policies.....................................................................................................................................46
Restrictions on Mobile Home Policy Coverage.......................................................................................................46
Section IV - Homeowners Review Questions..................................................................................................47
Section V - Commercial Package Policy (CPP)....................................................................................................49
Insurance Services Office (ISO)...............................................................................................................................49
Components of a Commercial Policy..............................................................................................................49
Common Policy Declarations.................................................................................................................................49
Interline Endorsements...........................................................................................................................................50
One or More Coverage Parts..................................................................................................................................50
Commercial Property.......................................................................................................................................50
Commercial Property Conditions Form.................................................................................................................50

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Coverage Forms......................................................................................................................................................50
Building and Personal Property................................................................................................................................50
Condominium Association.......................................................................................................................................51
Condominium Commercial Unit-Owners................................................................................................................51
Builders Risk............................................................................................................................................................51
Business Income.......................................................................................................................................................51
Legal Liability..........................................................................................................................................................51
Extra Expense...........................................................................................................................................................51
Causes of Loss Forms: Basic, Broad and Special..................................................................................................52
Selected Commercial Property Endorsements.......................................................................................................52
Ordinance or Law.....................................................................................................................................................52
Spoilage....................................................................................................................................................................52
Peak Season Limit of Insurance...............................................................................................................................52
Value Reporting Form..............................................................................................................................................52
Commercial Inland Marine..............................................................................................................................52
Nationwide Marine Definition...............................................................................................................................53
Commercial Inland Marine Conditions Form........................................................................................................53
Inland Marine Coverage Forms..............................................................................................................................53
Accounts Receivable................................................................................................................................................53
Bailee's Customer.....................................................................................................................................................53
Commercial/Contractor's Equipment Floater...........................................................................................................53
Electronic Data Processing.......................................................................................................................................53
Equipment Dealers...................................................................................................................................................53
Installation Floater....................................................................................................................................................53
Jeweler's Block.........................................................................................................................................................54
Signs.........................................................................................................................................................................54
Camera & Musical Instrument Dealers Form..........................................................................................................54
Valuable Papers and Records...................................................................................................................................54
Transportation Coverages.......................................................................................................................................54
Common Carrier Cargo Liability.............................................................................................................................54
Motor Truck Cargo Forms........................................................................................................................................54
Transit Coverage Forms...........................................................................................................................................54
Equipment Breakdown Coverage....................................................................................................................55
Equipment Breakdown Protection Coverage Form...............................................................................................55
Selected Endorsements...........................................................................................................................................56
Business Income - Report of Values.........................................................................................................................56
Actual Cash Value....................................................................................................................................................56
Farm Coverage................................................................................................................................................56
Farm Property Coverage Forms.............................................................................................................................56
Coverage A.............................................................................................................................................................56
Coverage B.............................................................................................................................................................56
Coverage C.............................................................................................................................................................56
Coverage D.............................................................................................................................................................56
Coverage E.............................................................................................................................................................56
Coverage F..............................................................................................................................................................56
Coverage G.............................................................................................................................................................56
Mobile Agricultural Machinery and Equipment Coverage Form..........................................................................56
Livestock Coverage Form......................................................................................................................................57
Definitions..............................................................................................................................................................57
Causes of loss (Basic, Broad and Special).............................................................................................................57
Conditions...............................................................................................................................................................57
Exclusions...............................................................................................................................................................59
Limits......................................................................................................................................................................60
Additional Coverages.............................................................................................................................................61
Farm Umbrella Coverage.........................................................................................................................................61
Section V - Commercial Property Policy Review Questions...........................................................................62
Section VI - Business Owners Policy (BOP)........................................................................................................64
Characteristics and Purpose.............................................................................................................................64

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Business Owners Policy (Section I) Property...............................................................................................65
Coverages...............................................................................................................................................................65
Exclusions...............................................................................................................................................................65
Deductibles.............................................................................................................................................................65
Loss Conditions......................................................................................................................................................65
General Conditions.................................................................................................................................................66
Optional Coverages................................................................................................................................................66
Business Owners Policy (Section II) - Liability...............................................................................................67
Business Liability...................................................................................................................................................67
Medical Expenses...................................................................................................................................................67
Conditions...............................................................................................................................................................67
Exclusions...............................................................................................................................................................67
BOP Standard Form Exclusions...............................................................................................................................67
BOP Special Form Exclusions.................................................................................................................................67
Definitions..............................................................................................................................................................67
Business Owners Policy (Section III) - Common Policy Conditions...............................................................68
BOP Cause of Loss Form & Coverages...................................................................................................................68
BOP Additional Coverages.......................................................................................................................................68
BOP Extended Coverages........................................................................................................................................68
Selected Endorsements...........................................................................................................................................68
State Changes...........................................................................................................................................................68
Protective Safeguards...............................................................................................................................................68
Utility Services-Direct Damage Replacement Cost Coverage..............................................................................68
Utility Services-Time Element Coverage..............................................................................................................68
Section VII - Other Coverages and Options..........................................................................................................71
Aviation Insurance...........................................................................................................................................71
Aircraft Hull...........................................................................................................................................................71
Aircraft Liability.....................................................................................................................................................71
Ocean Marine Insurance..................................................................................................................................71
Major Coverages....................................................................................................................................................71
Hull Insurance..........................................................................................................................................................71
Cargo Insurance........................................................................................................................................................71
Freight Insurance......................................................................................................................................................71
National Flood Insurance Program..................................................................................................................71
Write Your Own versus Government Flood Insurance Policies.........................................................................71
Eligibility................................................................................................................................................................72
Coverages...............................................................................................................................................................72
Limits......................................................................................................................................................................72
Other Policies..................................................................................................................................................73
Boatowners.............................................................................................................................................................73
Difference in Conditions........................................................................................................................................73
Residual Markets including FAIR Plans..........................................................................................................73
Joint Underwriting/Joint Reinsurance Pool...........................................................................................................73
Mine Subsidence Insurance.............................................................................................................................74
Federal Crop Insurance and the RMA.............................................................................................................74
Section VII - Other Coverages and Options Review Questions.......................................................................75
Answers to Review Questions.........................................................................................................................76
Section I - General Insurance.................................................................................................................................76
Section II - Property Insurance Basics...................................................................................................................76
Section III - Dwelling Policy.................................................................................................................................76
Section IV - Homeowners Policy...........................................................................................................................77
Section V - Commercial Property Policy...............................................................................................................78
Section VI - Businessowners Policy......................................................................................................................78
Section VII - Other Coverages and Options..........................................................................................................78
Alphabetical Index................................................................................................................................................80

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Section I - General Insurance
PROPERTY AND CASUALTY CONCEPTS
Personal Lines vs Commercial Intervening Cause
An event that interrupts the chain of causation by
Lines providing an independent cause of the final result.
Property insurance and Casualty insurance can be
further divided into Personal and Commercial lines. Indirect or Consequential Loss
Personal lines includes Homeowners, Personal Auto
insurance and other related things owned by A loss in which damage occurs as the result of a
individuals. Commercial lines includes Business direct loss, such as the insured's increase in
Property and Liabilities (Loss caused by the expenses when required to stay in a hotel because
business to others) Commercial Auto (Trucking, a hail-damaged home cannot be lived in.
Business Auto) owned by businesses, and also
includes Commercial Crime coverages. Risk
Risk has two meanings. (1) The property or party
that is insured. (2) The uncertainty of loss.
Risk Management Key Terms
Pure Risk
Insurance Situation that only involves the chance for loss, or
Insurance is a contract that binds the insurer to no loss, such as property ownership.
indemnify (compensate) the insured against
specified types of loss in return for money Speculative Risks
(premiums). Insurance is designed to protect the Situation that involves the chance for either a loss or
financial well-being of an individual, company, or a gain, such as gambling.
other entity against the financial risks associated
with unexpected loss. In exchange for the premium Relationship Between Risk & Premium
payments from the insured, the insurer agrees to pay There is a direct correlation between risk and
the policyholder upon the occurrence of specific premium. The greater the risk, either in value or in
events. In most instances, the insured pays for a potential for a loss or claim, the greater will be the
portion of each loss in the form of a policy premium.
deductible, and the insurer pays for the balance of
the loss up to the policy limit of insurance. Exposure
The condition of being at risk for financial loss
Indemnity
The underlying principle of insurance which is
due to hazards or unforeseen events.
restoring an insured to the same financial position
that existed before a loss occurred. Hazard
A condition that increases the chance for loss or the
Loss severity of loss. There are four types:
The source of a claim for damages under an 1. Physical--Physical hazards are created by
insurance policy; losses cause a financial loss to the the use, condition, or occupancy of property,
insured due to loss of property, a liability from such as damaged steps or worn auto tires.
something the insured did to someone else, or the 2. Moral--Moral hazards are created by the
loss due to the loss of a loved one, or losses due to insured's habits, such as dishonesty or
medical problems. Loss arises from the occurrence criminal activity. It is a situation in which
of an event that is insured by a policy. one party gets involved in a risky event
knowing that it is protected against the risk
and the other party will incur the cost.
Direct Physical Loss 3. Morale--Morale hazards are created by the
A loss in which damage occurs as the result of an
attitudes of the insured, such as
occurrence without an intervening cause, such as
indifference. An example would be not
hail damage to the roof of a house.

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making sure doors and windows are locked Methods of Handling Risk
before leaving home.
4. Legal--Legal risks are created when legal When managing risk, an insured may choose to
authority in a certain situation is unclear or avoid, retain, transfer, share, or reduce risk..
unsettled. These can arise from changes in
the law or from court rulings. An example
would be a change in the building code Avoidance
requiring new construction to use different Refrain from engaging in activity that might give
materials. rise to risk, such as not owning or driving a car to
avoid the risk of car accidents.
Peril
The cause of a loss or the event insured against. Retention
Examples-fire, lightning, theft, etc. Assume responsibility for loss. Retention is the
1. Named Peril Policy-- A policy that only most common method of handling risk, typically
provides insurance for perils that are in the form of deductibles or choosing not to
specifically listed, or named, in then policy. purchase insurance.
2. Open Perils PolicyA policy that provides
insurance for all perils except those Sharing
specifically exclude in the policy. Spreading risk among several entities or a large
number of people, such as by insurance companies
Accident or physicians.
An unforeseen, unintended event that is identifiable
as to time and place
Reduction
Occurrence Decrease the chance for loss by removing or
An accident, including continuous and repeated reducing hazards, such as wearing safety goggles
exposure to conditions, that causes bodily injury or or installing safety railings around a dangerous
property damage neither expected nor intended by area.
the insured.
Transfer
Deposit Premium Shift the risk for loss from one party to another
An initial or provisional premium required by an either through the purchase of an insurance policy or
insurer that is based on estimated information and is issuance of another contractual agreement (e.g., hold
subject to adjustment after the end of the policy
harmless agreement).
period. After adjustment, the premium becomes the
final premium. (Most often used in workers'
compensation and liability insurance.) Elements of Insurable Risks
Tort To be considered insurable, a risk must:
In common law jurisdictions, a tort is a civil wrong 1. be accidental and due to chance
that unfairly causes someone else to suffer loss or 2. be measurable with respect to value
harm resulting in legal liability for the person who 3. be predictable
commits the tortious act. Although crimes may be 4. be one unit in a large enough pool of units
torts, the cause of legal action is not necessarily a that the law of large numbers allows for the
crime, as the harm may be due to negligence which accurate prediction of loss
does not amount to criminal negligence. The victim 5. not be catastrophic in nature
of the harm can recover their loss as damages in a 6. generate a rate that is reasonable and
lawsuit. In order to prevail, the plaintiff in the lawsuit affordable
must show that the actions or lack of action was the
legally recognizable cause of the harm. A person may Pure risks are insurable; speculative risks are not
be found not guilty in a criminal case, but can still be insurable.
found guilty/ legally liable in a lawsuit.

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Adverse Selection 1. Excess of Loss- Reinsurer only pays for
losses that exceed a certain dollar amount
(e.g., $500,000).
The tendency of persons who present a greater
than average degree of risk for loss to apply for, 2. Proportional- Reinsurer only pays a share
or continue insurance to a greater extent than of every reinsured loss (e.g., 90%).
persons with average or less than average degree
of risk for loss.
Limits of Liability
Law of Large Numbers
The maximum amount the insurer will pay for
A theory that states it's more likely to predict a loss or damage covered by an insurance policy.
particular outcome as the number of units in a group
increases. For example, an insurer is more likely to Deductible
predict the number and types of auto insurance
claims as the number of auto insurance The monetary amount an insured must pay before
policyholders increases. Insurance rating is based the insurer will begin making loss payment.
on the law of large numbers. Insurance is based on Adeductible is a form of risk-sharing and cost
this theory. containment. Most forms of insurance contain
standard deductible amounts (e.g., $500) and the
Reinsurance insured may choose higher or lower deductibles.
As a deductible increases (e.g., the insured pays
for more of the loss), the policy premium
Insurance sold and purchased between two insurance
decreases.
companies for the purpose of transferring and sharing
risk, usually catastrophic risk or losses in excess of a
specific amount (e.g., $500,000 or $10,000,000). Co-insurance
Another cost containment feature in a property
(usually commercial) insurance policy, the co-
Reinsurer insurance clause requires a specified amount of
The insurer selling reinsurance to ceding insurers. insurance based on the value of the insured
property. If the insured insures the property for less
Ceding Insurer than this amount, he or she must share in a
The insurer buying reinsurance from a percentage of a loss to the same percent that the
reinsurer. The ceding insurer issues primary property is under insured at the time of the loss. It
policies of insurance to individuals and/or encourages insuring of property to the proper
businesses. amount.

Reinsurance Contract or Treaty Self-Insurance


Two types of reinsurance contracts are sold: The concept of making financial preparations to
1. Facultative Reinsurance-The ceding meet risks by setting aside sufficient funds in
insurer offers individual risks to the advance to meet estimated losses, including enough
reinsurer and the reinsurer may choose to to cover possible losses in excess of those
accept or reject each individual risk. estimated.
2. Treaty Reinsurance- The reinsurer writes
coverage for one or more lines of insurance Applicant
issued by the ceding insurer based on terms An individual who requests insurance from an
stated in the reinsurance contract. Treaty insurance company.
reinsurance continues in force unless
canceled and the reinsurer cannot reject Insured
individual risks. An individual or business who has insurance on his
or her person, property, or business through an
The following types of reinsurance apply primarily insurer.
to property and casualty insurance, but are the
subject of all licensing exams:

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Insurer 1. the failure to do something that a reasonable
Another name for an insurance company. person would do OR
2. doing something that a reasonable person
Binder would not do.
A binder is a written or oral contract made by an
agent that puts a policy immediately but temporarily Burglary
into effect for a specified period of time, from the Breaking and entering (a building, safe, etc.) with
time initially bound until accepted or canceled by felonious intent and with visible signs of forced
the insurance company that includes all the terms of entry--for example, a broken window, jimmied
and endorsements to the policy. The minimum that door, or blown safe. (Burglary, Building. Both start
an agent needs in order to put a binder into effect is with B)
the insured's promise to pay the premium within a
certain time frame. Robbery
The taking of the personal property of another by
All policy terms and conditions are in force until a force or fear of force
policy is issued or coverage is declined by the
insurer on whom the binder was written. Agents Larceny
must be careful not to exceed their binding The taking or removal of another's personal
authority, as the company is liable for the entire risk property with the intent to permanently deprive
until reviewed and accepted or canceled by the them of it. This could be burglary or robbery, but if
insurer. property is taken without force, fear of force, or
breaking and entering, it is still larceny. Walking
Insurable Interest into someone's house through an unlocked door and
The concept that insurance can only be purchased picking up jewelry is an example of larceny.
when the applicant has a potential for financial loss,
if the insured person died, or if the insured items Theft
were destroyed or not in their possession. In The unlawful taking of the property of another,
property and casualty insurance, insurable interest including burglary, robbery and larceny
must be present at the time of loss as well as at the
time of application. In life insurance, insurable Mysterious Disappearance
interest is only required at the time of application. Personal property is missing, but there is no
provable cause for its disappearance; the property
Negligence might have been lost or stolen.
Negligence is conduct that is culpable because it
misses the standard required by law of a reasonable Liability
person in protecting others or the interests of others A legally enforceable debt or obligation.
against risky or harmful acts of other people. It is:

INSURERS
Types of Insurers Mutual Companies
Insurers owned by policyholders who share profits
Multi-Line Insurance Companies through dividends and can attend and vote at
Insurers that write more than one line of insurance company meetings. Mutual insurers are further
divided into Risk Retention Groups and Purchasing
Groups.
Stock Companies
Insurers organized under the laws of the state in
which they are incorporated that are owned by Assessment Mutual Insurers
shareholders who elect officers and directors and Losses are shared among group members.
share in profits through stock growth and dividends. Pure Assessment Group--There is no
advance premium; losses are assessed to
each member as they occur.

12 CPMI Professional Development, Inc.


Advance Premium Assessment Group-- groups (PGs), require members to be homogeneous,
Premiums are paid at the beginning of each i.e. engaged in similar businesses or activities that
assessment period and claims are paid from expose them to similar liabilities.
these premiums. If there are more claims
than premiums paid in, additional The primary difference between RRGs and PGs is
assessments must be levied against each that RRGs retain risk while PGs do not. PGs
member. If there is money left at the end of purchase insurance from an insurer, which issues
period the money is returned to the group the policies and serves as the risk bearer. RRGs, as
members. insurers, issue policies to their members and bear
risk. Another key difference between the two
Self Insurers entities is that RRGs typically require members to
Self insurers manage risk by setting aside a pool of capitalize the company whereas PGs require no
money to be used if an unexpected loss occurs. capital.
The more predictable and smaller the loss is, the
more likely the risk is to be retained by a self- Fraternal Benefit Societies (Self-Insurers)
insured person or business. Then, if losses occur, the Membership is based on religious, ethnic, or
self-insured person can draw against these funds, national lines, and noted primarily for social and
and retain any excess. charitable functions. Fraternal Benefit Societies
are societies, orders, or supreme lodges, with no
Reciprocals (Reciprocal Insurers) capital stock that may or may not be incorporated.
Groups that exchange insurance on each These fraternals:
other. 1. are conducted solely for the benefit of
1. Group members appoint and empower an members and their beneficiaries, and are not
attorney-in-fact, binding members together for profit.
to insure each other. 2. operate on a lodge system with ritualistic
2. Members share in any profits through lower form of work.
premiums or share in losses by assessment. 3. have a representative form of government.
3. Insured members are called subscribers. 4. provide benefits in accordance with their
charter.
5. started offering life insurance for the benefit
Risk Retention Groups of their poorer members on an assessment
A mutual insurer that insures people in the same basis but have expanded to operate the same
profession or business. as other insurers today, though they still
offer insurance only to members or their
Purchasing Groups families.
A purchasing group is not an insurance company.
Rather, a purchasing group can be any group of Syndicate Insurers/Lloyd's Associations
persons with similar or related liability risks who Syndicate insurers are not true insurance companies.
form an organization, whose purpose is to purchase 1. They provide a place for members to meet
commercial liability insurance on a group basis. No and transact the business of insurance
specific requirements are imposed regarding the individually or as groups through a
legal structure of a purchasing group. In the case of syndicate manager.
a trade association, a simple resolution of the board 2. They provide assistance in gathering
authorizing the organization's officers to make underwriting information and handling
arrangement to purchase commercial liability claims and disputes among syndicate
insurance on a group basis would be sufficient to members.
establish the purchasing group. 3. Members are individually and wholly liable
for all risks they accept, with no limitations
Members of a purchasing group must be in similar on liability. This lack of liability limits is
or related businesses which exposes them to similar the primary reason syndicates are not
or related liability risks. widespread today.
4. Example - Lloyd's of London
RRG vs PG
Both risk retention groups (RRGs) and purchasing

13 CPMI Professional Development, Inc.


Private Versus Government Insurers requirements.
State or Federal government sometimes cover
certain types of insurance that private insurers Domestic, Foreign, and Alien
cannot or will not insure. Insurers in each state are
required to participate in shared or involuntary Insurers
markets. These markets provide coverage for high-
risk insurance applicants that do not meet normal Domestic Insurer
underwriting standards. Insurers that transact business in the state where
they are chartered.
Some states require that these high-risk applicants
be assigned to individual insurers on a Foreign Insurer
predetermined basis while others require that losses An insurer transacting business in a state but that is
from these individuals be shared. chartered under the laws of a different state or one
1. Property insurance FAIR plans provide of the U.S. territories.
insurance to property owners in inner-city
and high risk areas who are unable to obtain Alien Insurer
insurance through normal market channels An insurer organized under the laws of a
because of property location or other jurisdiction outside of the United States or its
situations over which they have no control. territories.
If turned down in the normal market, the
property owner applies for insurance
through the state's FAIR plan that follows
Financial Status (Independent
its own guidelines to insure the property. Rating Services)
2. In casualty insurance Assigned Risk (AIP)
plans work similarly to the property FAIR Independent evaluation services provide
plans, but for auto insurance risks that are information on companies such as financial
difficult to obtain coverage for in the open strength, management caliber, and efficiency of
market. See more information on these operation.
plans later in this book. 1. They publish guides which analyze almost
3. Examples of federal government insurance all property and liability business insurers.
include Social Security, Medicare, flood 2. Review underwriting results, management,
insurance, and federal crop and crime adequacy of reserves for liabilities that are
insurance. State governments sometimes not discharged, adequacy of policyholder
offer competitive funds that compete with reserves to absorb shock losses, and
private insurers, or monopolistic funds that soundness of investments.
will not allow insurers to compete in certain
areas. One such example is that some states If properly used, these rating services help avoid
(North Dakota, Ohio, Washington, and delinquent insurance companies. Ratings should be
Wyoming) provide Workers' Compensation checked over a period of years to verify trends for
insurance benefits. the companies. A.M. Best and Weiss Research are
two companies that have guides available through
most public libraries.
Admitted vs Non-admitted
Insurers Marketing (Distribution Systems)
Admitted Insurer/ Authorized Insurer
An insurer authorized by a state's insurance
Types of Agents/Marketing Systems
department to transact business in that state. Exclusive/Captive Agents or Producers
Agents appointed by an insurer to represent the
company by selling and servicing policies on its
Non-Admitted Insurer/ Non-authorized
behalf, representing only one company.
Insurer
Insurance companies not authorized to transact Independent Agents or Brokers
business in a state because they either didn't seek Agents that represent several insurers and can,
admission to the state or failed to comply with state

14 CPMI Professional Development, Inc.


therefore, offer various premiums to the customer. captive/exclusive agent rather than through
independent brokers.
Nonresident Agent
An agent authorized to write business in a state Direct Mail/Direct Response
other than the one in which he or she lives. Policies are marketed from the company's home
office rather than through agents. Marketing is
Direct Writer done through direct mail, Internet, newspapers or
An insurer that deals directly with the insured magazines and radio or TV.
through a salaried representative or

PRODUCERS AND GENERAL RULES OF AGENCY


Insurer as Principal policies. The main difference between the two
entities lies in the relation these persons have with
the insurer and the insured. An insurance agent is
Insurance companies are principals of the insurance
designated by the insurance company to sell its
agent, which means that the insurer empowers the
products by convincing people to buy the
agent to act as a representative of the company.
company's policies, whereas a broker works
Legally, the acts of the agent are considered to be
independently and matches the needs of a client
the acts of the principal, so the agents' acts extend
with the products available with any of the
the insurance company's liability.
insurance companies. Both need a license to carry
out their business in a state and both get
Producer/Insurer Relationship commission from the company.

Agency Agreement/ Contract Authority & Powers of Producers


The producer:
1. is first and foremost the representative of
the insurance company and has an ethical
Law of Agency
Any act on the part of an agent of the company is
obligation to follow the rules of the insurer,
the same as if the company itself did the act. An
to submit applications only for those risks
agent represents the company through several types
that the insurer deems appropriate, and to
of authority or directives:
service the policies of company customers.
He or she is paid commission or salary by
the company and is given authority to Express
represent the company in conducting Authority expressly given the producer, either orally
business on the company's behalf. or in writing in his contract. Examples: the
2. acts as the representative go-between for countersigning and delivering of policies. Express
the company and the insured, with primary directive clauses are such things as scale of
responsibility to the company as the commissions, ownership of contracts sold, and
principal, while treating the customer in a contract cancellation procedures.
fair and ethical manner.
3. provides correct information to the Implied
customer about policy coverages. The doctrine of ostensible authority gives agents
4. processes any requests for or cancellations unwritten authority to perform incidental acts that
of coverage in a timely fashion. the public assumes the agent to have.
5. has no authority beyond that which the
insurer gives him or her. Example-Exclusive Property and Casualty agents
can bind insurance coverage. If the agent binds a
Difference between an Insurance Agent particular risk, the company is bound to that risk
and a Broker and must pay for any losses until it cancels the
contract.
Superficially, an insurance agent and a broker look
identical as both of them are selling insurance

15 CPMI Professional Development, Inc.


Apparent Responsibilities to the
Authority neither expressly given nor implied, but
exists because the agent has used it in the past Applicant/Insured
without the insurer stopping him or her from doing
so, or it is authority that a reasonable person would For risks covered by the policy, the insurer must pay
assume an agent to have. If the agent has paid all sums up to the policy limits that the insured
minor claims in the past and been reimbursed by the becomes legally liable to pay; in other words, the
insurer, it is apparent he or she has the authority to insurer pays the lower of the claim (loss) or the
do so. policy limits. Deductibles will be applied to any
property claims, but there is no deductible for
medical or liability claims.

CONTRACTS
Elements of a Legal Contract In the case of minors, the insurer may be required to
uphold the terms of the contract while minors may
not be.
There are four principle elements that must be in
every legal contract:
4- Legal purpose
1- Offer and Acceptance The insurance policy owner must have an insurable
interest in the property or person being insured.
Agreement Insurable interest is defined as having a financial
An insurance policy is the written statement of the
interest wherein the insured could lose financial
terms of the contract. There must be both an offer
position if the property were damaged or destroyed,
and an acceptance:
or if the person was injured or died.
Offer-the applicant submits an application along
with the correct premium Distinct Characteristics of an
Insurance Contract
Acceptance-the insurer issues the policy.
If the applicant does not submit money with the A contract is a binding agreement between two or
application, it is not an offer, but it is an invitation more parties, legally enforceable to do certain
to the insurer to make an offer, and the agent cannot things. In an insurance contract, the insured agrees
bind coverage. to pay a monetary premium and abide by certain
agreements in exchange for the insurer agreeing to
2- Consideration (Exchange of indemnify the insured in case of loss.
Consideration)
The applicant's consideration is the premium, and Two Party Contracts
the insurer's consideration is the promise to Insurance contracts are generally between two
indemnify the insured in the event of a loss. parties- the insured and the insurer. The insured
suffers a loss of property, health, or life or is liable
3- Competent parties for someone else's losses. The insurer agrees to
All parties concerned must have legal capacity to indemnify the insured for such financial loss.
enter into a contract. This is probably best shown Insurers may pay money to a third party to whom
by defining those who do not have legal capacity to the insured is liable (the insured has liability
enter into a contract. This includes: because they caused financial damage to another, or
1. minors owe compensation to for services rendered to us-
2. those legally declared incompetent repair of our property or health).
3. people under the influence of drugs or
alcohol. Third Party Contracts
Sometimes, a third-party agreement is created to

16 CPMI Professional Development, Inc.


indicate that the performance of the contract will Legal Interpretations Affecting
result in a benefit to a person that did not sign the
contact. Benefits to third parties are usually Contracts
expected, and left out of contracts, unless one of the
signers wants to designate a specific benefit to a Ambiguities in a Contract of Adhesion
specific third-party. To be able to enforce the Any doubt or ambiguity found in an insurance
contract, a third-party must be able to prove that the policy will be found in favor of the party that did
contract was drawn for it's benefit. Otherwise, the not draw up the contract-the insured.
benefit is considered incidental and the contract is
only enforceable by the original signers. Reasonable Expectations
The reasonable expectations of policy owners or
Banks and other mortgagors are common third beneficiaries will be honored even though the strict
parties because many contracts involve payment on terms of the policy do not support these
property for which the mortgagor has a financial expectations
interest because of a loan.
Indemnity
Contract of Adhesion The concept of restoring someone to the same
Only one party to the contract, the insurer, prepares financial position they were in before a loss
the contract and submits it to the other party, the occurred. Compensating or reimbursing someone
insured, for acceptance. The insured cannot make for a suffered loss.
any changes to the contract.
Utmost Good Faith
Aleatory Contract Applicants and insureds are expected to make a full,
Unequal amounts of money are exchanged. The fair and honest disclosure of facts. Insurers are
premium that the insured pays is less than the expected to promptly indemnify the insured in the
potential benefit he or she will receive in the event event of loss according to the contract.
of a loss.
Representations/Misrepresentations
Personal Contract Representations are statements made by one party
Insurance policies are personal contracts. They that are believed to be true. The insured's
cover the insurable interest of the individual insured misrepresentation will not affect the insurance
and cannot be transferred or assigned to another contract or policy unless it affects the conditions
individual-the exception is life insurance. under which the policy would be issued or not.
Therefore, it is material to the risk. An agent's
Unilateral Contract misrepresentation, whether intended or not, is more
Only one party is legally bound to perform any likely to void a policy. For example, an agent may
duties once premium is paid. In an insurance falsely represent that certain coverage is contained
contract, only the insurer makes any legally in the policy, when in fact it is not.
enforceable promise. The insured does not make a
promise but pays a premium, which constitutes his Warranties
or her part of the consideration. The insured's guarantee that facts as stated are
correct in reference to the risk, or that specified
Conditional Contract conditions will be fulfilled to maintain the contract.
Both parties must perform certain duties to make
the agreement enforceable. The insured pays Property Insurance Example:
premiums and follows certain policy conditions. The insured states there is a sprinkler system in the
The insurer pays claims according to policy terms. building and that it will be kept in working
condition.

Concealment
The willful failure to disclose facts that are material
to the risk. An applicant's concealment of
information from the insurance company could

17 CPMI Professional Development, Inc.


affect the insurer's decision whether or not to insure Unfair Marketing Practices
the property and could void the policy.

Casualty Insurance Example: Boycotting


To boycott is to stop buying or using the goods or
A women says she is divorced or legally separated
services of a certain company or country as a
from her husband in order to get auto insurance.
protest. Boycotting in insurance is to stop buying
She actually is fully married and living with him,
from a particular business to force them to buy
but he lost his driver's license due to a DUI and is
insurance from a particular source.
not insurable.

Fraud Intimidation
To force into or deter from buying insurance by
Deceit, intentional misrepresentation, or the
inducing fear.
concealment of material facts with the intention of
causing injury to another party.
Misappropriation of Funds
Waiver and Estoppel Misappropriation of funds means the intentional,
illegal use of the funds of another person for one's
Waiver own use or other unauthorized purpose. It is a
The voluntary abandonment of a known or legal punishable offense.
right or advantage.

Estoppel Rebating
Returning a portion of the premium or the
The concept that, once a fact has been admitted to
agent's/broker's commission on the premium to the
be true by a previous action, it can no longer be
insured or other inducements to place business with
denied to be true.
a specific insurer.
Fiduciary
An individual who holds a position of public trust
Redlining
Redlining is a discriminatory practice in which
and confidence. Insurance agents are fiduciaries to
insurance companies refuse or limit insurance
both the companies they represent and their client.
within certain geographic areas, especially inner-
As fiduciaries, agents are expected to be
city neighborhoods.
professional and to act ethically.

18 CPMI Professional Development, Inc.


SECTION I - GENERAL INSURANCE REVIEW QUESTIONS
1. Which of the following explains that any 3. An insurance company which shares
act by an insurance agent is the same as if dividends with policyholders is called a:
the insurance company did the act? a) Syndicate insurer.
a) Representative insurance b) Stock insurer.
b) Fraternal insurer c) Mutual insurer.
c) Domestic insurer d) Miracle.
d) Law of agency
4. An insurer that can only sell insurance to its
2. Frank sold his car to Jill but did not cancel members or their families is a:
his auto insurance policy. Jill had an a) Mutual insurer.
accident one month later and Frank reported b) Fraternal Benefit Society.
the accident to his insurance company. c) Domestic insurer.
Frank was not able to collect money for d) Reinsurer.
damages to the car, even though his policy
was still in force because
a) Frank no longer had insurable interest.
b) Frank was not the individual who had
the accident.
c) Frank misrepresented that he still
owned the vehicle by keeping the
policy in force.
d) The insurance company did not follow
proper claims procedures.

19 CPMI Professional Development, Inc.


Section II - Property Insurance Basics
PRINCIPLES AND CONCEPTS
Insurable Interest Loss ratio
An insurer's loss ratio is one way of measuring the
The insurance applicant must have a potential for insurer's profitability. It takes claim expenses and
financial loss if some person or entity suffers compares them to premiums.
damages as the result of using the insured's
property, goods, or services. In Property and Loss (incurred losses + loss adjustment expenses)
=
Casualty insurance, insurable interest must be Ratio earned premiums
present at the time of both application and loss. In
Life insurance, insurable interest is only required at
The lower the ratio, the better the claims experience
the time of application.
of the insurer and the more profitable the company.
This ratio does not include profits the insurer makes
Underwriting from interest on collected premiums.

Function Premium rates generally need to be submitted to or


Once an insurance application is received by the approved by state insurance departments before
insurance company, underwriters review the they may be used in sales.
application to verify information and to decide if
this risk is one acceptable by the company. Rates
Sources of Underwriting Information Types of Rates
1. The application Judgment Rating
2. The agent report Premium is determined without manuals or tables.
3. Credit Reports Rather, the underwriter evaluates the individual risk
4. Prior insurance to determine the probability of loss, the extent of
possible loss, and the premium that would need to
Rating Types be charged to cover possible claims, other expenses,
There are several categories under which an and projected profits.
application can fall:
Acceptable with standard rates-The Manual Rating
insurance policy will be issued as applied This method separates risks into category groupings
for, subject to full premium payments. or classes. The agent/underwriter decides the class
Acceptable with substandard rates or into which the risk would fit and then consults a
with exclusions-The application will be rating manual. The printed manual rate is on a per
issued, but the insured must sign an unit of insurance, such as per $1,000 of coverage.
endorsement showing that he or she accepts The underwriter can then multiply the rate by the
the changes and/or increased premium and required number of units for the specific risk to
must pay the increased premium to keep the determine the proper premium to charge.
policy in force.
Unacceptable and denied coverage-If the Merit Rating
insurer denies coverage to an applicant, the Merit rating generally modifies a manual rating by
insurer must give a detailed, written taking particular aspects of the individual risk into
explanation as to why the coverage was account. Experience Rating, for instance, takes the
denied. Any paid/unearned premium is particular risk's past loss history (usually the past
returned. The insured must seek insurance three years) and compares it to an average claim
elsewhere, either through a high risk insurer experience for similar risks. If the risk has a poorer
or through state FAIR plans. loss history the premium will be adjusted upward.
If there is a better than average loss history the

20 CPMI Professional Development, Inc.


premium will be adjusted downward. can either be specifically named in the policy, or
included unless they are specifically excluded from
Loss Costs coverage.
Loss costs represent the portions of insurance rates
used to cover claims and the costs of adjusting Named Perils vs. Open Perils
claims. Insurers determine rates by estimating their
future loss costs and adding a provision for Named Peril Policies
expenses, profit, and other contingencies. These policies protect only against perils
specifically listed in the policy.
Components/Premium Determination
Factors taken into consideration when determining Open Peril Policies
premium rates include claims costs and related Also called Special Peril policies, these policies
expenses, insurer administrative expenses, have much broader coverages. They protect against
investment income (from invested premiums and all physical loss risks, except perils specifically
other income), producer commissions, and insurer limited or excluded by the policy.
profits.

Hazards Direct and Indirect Losses


The following are types of hazards, or conditions Direct Loss
that increase risk or the chance of a loss occurring: A loss in which the covered peril is the immediate
or proximate (dominant or first) cause of damage to
Physical property, such as hail damage to the roof of a house.
Material or structural problems such as damaged After hail has damaged the roof, water from the rain
steps or worn auto tires. was able to damage property inside.

Moral Consequential or Indirect Losses


The insured's habits, such as dishonesty or criminal A loss in which the covered peril is not the direct
activity. Moral hazard occurs when the party with cause of damage. If a restaurant suffers a fire, for
more information about its actions or intentions has instance, the fire is the direct cause of the loss. The
a tendency or incentive to behave inappropriately loss of income from the business while the
from the perspective of the party with less restaurant is closed for repairs is an indirect loss.
information.
Liability
Morale
The insured's attitude/lack of concern about safety Absolute/Strict Liability
and liability issues because of the existence of A legal doctrine that states that an individual can be
insurance coverage, such as a business not having or held liable even if negligence does not exist or
following safety policies, or allowing people with cannot be proven. The injured party may collect
bad driving records to drive company owned damages even though there is nothing legally wrong
vehicles because they know their insurance will with what the other person did or the manner in
cover and losses. which they did it. Examples:
1. Strict Liability: Workers' Compensation.
Legal 2. Absolute Liability: Especially dangerous
Hazards arising from changes in law while the activities. Examples would include using
policy is in force, requiring the insurer to add dynamite, or owning a pet rattle snake.
coverages that were not included before.
Vicarious Liability
Causes of Loss (Perils) Vicarious liability arises out of imputed negligence,
in which one individual becomes liable for the
The cause of loss is the event insured against. negligent behavior of another. Employers are
Examples include: fire, lightning, and theft. Perils generally held liable for the negligent acts of
employees while those employees are acting within

21 CPMI Professional Development, Inc.


the scope of their employment. Insurance 2. Masonry (brick)
companies, as principals, are liable for the negligent 3. Reinforced Concrete (multi-family units)
acts of their agents. 4. Structured Steel
5. Steel Frame (garages & outbuildings,
Proximate Cause especially around farms)
6. Prefabricated Structures (most commonly
used for residences)
An event that, in natural and sequential order, is
responsible for a loss. It is an event considered to be
a primary cause of that loss. Classifications of Construction
1. Framed Construction- buildings with
In Property insurance, rain coming in an open floors, walls, and roofs constructed of
window would not be covered. However, if combustible material(s).
lightning struck, breaking the window, the lightning 2. Joisted Masonry Construction- buildings
would be the proximate cause for rain coming in the with exterior walls of masonry or fire-
window, and the loss would be covered. resistive construction rated for not less than
one hour, and with combustible floors and
In Casualty (Liability) insurance, consider that roofs.
someone runs their truck into the wall, causing a 3. Non-combustible Construction- floors,
brick to shake loose and fall, and it knocks a walls, roofs, and building supports must be
pedestrian in the head. The brick is the actual cause made of non-combustible or slow-burning
of loss, but the driver who lost control of the truck materials.
could be negligent as the proximate cause. 4. Masonry Non-combustible Construction-
buildings with fire-resistive masonry walls,
and non-combustible or slow-burning floors
Blanket vs. Specific Insurance and roofs.
5. Modified Fire-resistive Construction-
An insurance contract covers a particular type of buildings with exterior bearing walls and
risk, but may be open or closed as to the people or load-bearing portions of exterior walls
objects covered. A specific policy would cover only made of masonry or non-combustible
those objects or perils named in the policy. A materials (exterior non-bearing walls may
blanket policy would be one that covers a class of be slow-burning, combustible, or have no
objects or perils. A property blanket policy, for fire-resistive rating).
instance, might be one that covers all apartment 6. Fire-Resistive Construction
buildings owned by the insured, while a casualty solid masonry, including reinforced
blanket policy would cover the liability associated concrete not less than four inches thick.
with those apartments. A blanket health policy hollow masonry not less than 12 inches
might cover all students at a particular school or all thick.
members of a sport team. hollow masonry less than 12 inches
thick, but not less than eight inches
Basic Types of Construction thick with a listed fire-resistance rating
of not less than two hours.
There are two types of property covered by Property assemblies with not less than a two-
Insurance policies: hour fire-resistance rating.
1. real property (land and buildings)
2. personal property (belongings such as Loss Valuation
clothes and furniture).
Property may be valued differently by different
Basic Types of Construction individuals.
Property insurance agents must know the six basic
types of construction when determining the value to Sentimental Value
which the property should be insured. In general, Someone might have strong emotional ties to
these methods include: property, such as an heirloom or an old car.
1. Wood Frame (most common construction
for residences in the U.S.)

22 CPMI Professional Development, Inc.


Resale Value 2. fewer potential buyers for a property in a
The price that the individual could get for the small town.
property if it were sold
Agreed Value
Actual Cash Value A provision that specifies a certain value that will
The ACV of property is calculated as the satisfy policy co-insurance requirements. The
replacement cost at the time of loss minus insured cannot be assessed a co-insurance penalty as
depreciation. long as the policy limit is at least the agreed value
amount.
Replacement Cost
The cost to rebuild or replace property with Stated Amount
materials of like kind and quality, and at the same An agreed upon policy amount that is paid in the
location. event of a total loss, regardless of the property's
actual value.
Functional Replacement Cost
This is the cost to repair or replace damaged Valued Policy
property with less expensive but functionally With a valued policy, in the event of a total loss, the
equivalent materials. An example would be custom entire face amount is payable without regard for
woodwork that is replaced with standard woodwork. depreciation. Common with Ocean Marine policies,
and required coverage in many states.
Guaranteed Replacement Cost
The actual cost to rebuild or replace the property Limit of Liability
after a loss, even if that cost is more than the stated The maximum amount an insurance company will
value insurance amount. pay to protect the insured under a given policy. The
insurer will pay the amount of the loss or the limit
Market Value of coverage under the policy, whichever is less.
The price property would likely fetch if sold on the Liability coverage is NOT subject to deductibles.
market. A home in a small, remote town would
have a similar price to one in a larger city to rebuild Fire Legal Liability
or replace (Replacement Cost). However, if the A form of liability insurance that covers damage to
house were sold (Market Value), the price might be leased or rented property caused by fire or other
considerably less in the small town because of: specified perils. It may be used in Personal or
1. lower land and property values Commercial Lines rental policies.

POLICY STRUCTURE
(D-I-C-E)
Declarations Who?
What?
Identifies both the insured's and the insurer's name & address.
Identifies both the real and the personal property insured.
and Where? Identifies the territory covered by the policy.
Definitions When? Identifies the policy period (inception and expiration dates & times.)
How much? The amount of insurance coverage and the premium.
Insuring Summarizes covered risks, additional or supplementary coverages, and the
Agreement or insurer's responsibility to indemnify against losses suffered as a result of the perils.
Clause
Lists the insured's responsibilities both at the time of application (truthful
representations in the application and payment of premium) as well as at the time
Conditions of loss (notice of and proof of loss, which is a sworn statement made by an insured
verifying the amount, date, and cause of a loss).

23 CPMI Professional Development, Inc.


Exclusions & Lists the property, perils, and other hazards not covered by the policy or which
Endorsements have a reduction of coverage in the policy.

Additional/Supplementary 1. Legal fees for defending the insured if a


lawsuit goes to trial
Coverage 2. Claims expense
3. First aid expense for others
Supplementary payments that the insurer will pay 4. Damage to property or person of others
over and beyond the policy's liability limits include when not legally liable
the following: 5. Loss assessment coverage.

COMMON POLICY PROVISIONS


Insureds-Named, First Named, Policy Territory
Additional In personal lines, the policy territory is the location
of the insured property and/or the area in which the
An insured person is:
policy will cover liability issues.
1. Any member of the insured household who
is a relative or is under 21 years of age.
In commercial lines, the policy territory is a list of
2. A child or parent living with the insured is
states in which the insured does business and a list
included, regardless of age.
of other states in which the insured may potentially
3. Other members of the insured household
do business in the future, except for any of the four
who are under 21 years of age.
monopolistic fund states of North Dakota, Ohio,
4. The definition of Insured has been
Washington, and Wyoming.
expanded under HO to include other
persons under the age of 21 and in your care
or the care of a resident of your household Deductibles
who is your relative.
Deductibles are a type of cost containment tool
Named Insured wherein the insured pays for the first portion of
The person(s) listed as an insured in the declarations costs, and the insurer pays the balance, up to policy
page. limits. When the insured has to pay something
upfront, he/she is less likely to submit a claim, or
First Named Insured there will be no claim to submit because the
The first insured listed and the person to whom the deductible covers the loss. In this way, the insurer
insurer sends correspondence such as renewal is only paying for bigger claims, which do not
notices, policy changes. happen as often.

Additional Insured Other Insurance


An individual or entity, other than the named
insured, who qualifies as an insured under the Non-concurrency
policy. This is especially the case if there is a Happens when two or more policies do not cover a
specific interest involved, such as a mortgage or a risk in the same way at the same time. This can
business arrangement. create coverage gaps for the insured.

Policy Period Primary and Excess


Primary Insurance
Loss must occur between the policy inception and The main, or underlying, coverage on a risk.
cancellation dates.

24 CPMI Professional Development, Inc.


Excess Insurance the next company pays its policy limit of
Coverage that starts when the underlying policy's $300,000, and the remaining insurance
coverage ends, also known as an umbrella policy, company pays the remaining $400,000 to
which will be covered later. cover the loss.

Handling of Claims- Pro-Rata vs. Policy Limits


Contribution by Equal Shares
When there are two or more liability policies on a The maximum lifetime benefit of an insurance
given risk, depending on the type of policy, claims policy.
are handled differently than on a property policy.
Liability insurance can be primary or excess Restoration/Non-reduction of
insurance.
Limits
Pro-rata
If a loss occurs that is covered by more than one Limits of liability will return to the insured amount
insurance policy that was purchased by the insured, showing on the Declarations Sheet after a property
each policy pays a portion of the loss that is claim has been settled. There is no reduction in
proportional to the amount of that policy over the value because a claim has been paid.
total amount of all policies for the loss- each policy
pays its pro rata share.
Coinsurance
Example: Pro Rata Liability
The insured has a building worth $1million, but, for A clause which requires the insured to keep
underwriting reasons, the maximum amount he can insurance equal to or greater than the stipulated
purchase from 3 insurance companies is $600,000, percentage of full value, or they will not be able to
$300,000, and $100,000. He purchases the three collect the partial losses in full. If the insurance is
policies with the maximum limits. If he suffers a not as high as required, the amount payable is
$200,000 loss, then the first company will pay 60% calculated as follows:
of the loss, the second 30%, and the third 10%.
(Amount of insurance carried / Amount of insurance
Contribution by Equal Shares required) x Amount of loss = Amount Payable
Some policies handle multiple coverage through
payments of equal shares rather than pro rata Examples:
payments. Each company pays an equal amount 1. A $10,000 loss for Property valued at
until the loss is covered, or the policy limit of any $100,000 with an 80% co-insurance
policy is reached. If one or more of the policy limits requirement and insured for $80,000:
is reached, then the equal share principle applies to $80,000/$80,000 x $10,000 = $10,000
the remaining insurers. As each policy limit is 2. A $10,000 loss for Property valued at
reached, the remaining insurers make equal $100,000 with an 80% co-insurance
payments with the remaining amount of uncovered requirement and insured for $60,000:
loss until the loss is covered or all policies are $60,000/$80,000 x $10,000 = $7,500
maxed out.
Vacancy or Unoccupancy
Example: Contribution by Equal Shares
Consider the same facts as in the pro rata example. Coverage is canceled if the building is vacant or
a) If there is a $150,000 loss, each company unoccupied. Such buildings can have a greatly
pays $50,000 for a total of $150,000. increased risk of loss by becoming an attractive
b) If the loss was $400,000, each company nuisance in the neighborhood, meaning that it
pays $100,000, and the 2 with higher would attract vandals or other groups who may
coverage pay an additional $50,000 for a use the unwatched or abandoned property for illegal
total of $400,000. purposes.
c) If the loss was $800,000, then the low-limit 1. Unoccupancy: Buildings which have no
company pays its policy limit of $100,000, residents or active business for more than

25 CPMI Professional Development, Inc.


60 days are considered unoccupied. Insurer Provisions
2. Vacancy: Buildings that are both
unoccupied and have no personal/business
property in them for more than 60 days are Duty to Defend
considered vacant. The insurer has the responsibility to defend the
insured against lawsuits or liability claims.
1. The insured will only be defended up to the
Named Insured Provisions limits of the policy.
2. The only time the insurer cannot settle a
Only the first named insured is responsible for lawsuit without the permission of the
interactions with the insurance company, including insured is when the insured is covered
the making of policy changes, receiving returned under an Errors and Omissions policy.
premium, and giving or receiving notice of
cancellation. Liberalization Clause
If the insurer changes the same type of policy the
insured owns in any way, providing for more
Insured's Duties after Loss (Claims coverage without additional premium, the insured's
Handling) original policy will be extended for those coverages
1. Fully cooperate with the insurer's without need for additional forms or premium.
investigation, settlement, or defense of a
claim. Subrogation
2. Provide proof of loss and take reasonable The insurer has the right to pursue legal action in its
steps to prevent further loss. own name or the name of a policy owner against a
3. A third party claimant must make a claim third party who is liable for a loss that has been paid
against the insured. The insured must then by the insurer. The insured must assign rights to
submit the claim to his insurer. An insurer make a claim against the other party to the insurer
is not liable to a third party claimant and upon the insurer's handling of the claim settlement.
cannot be sued directly by the claimant This prevents insured from collecting from both
unless the insurer agrees its insured is liable his/her insurer and a third party, so he/she does not
and refuses to pay, or if the insurer is not profit from his insurance.
making payments when ordered to do so by
a court of law. Salvage
The insurer may pay either the cost to repair or
Appraisal & Arbitration replace the damaged vehicle or property, or the
In the event of disagreement of the insurer's actual cash value. Any replaced personal property
handling of a claim, the insured and the insurer may then belongs to the insurer.
each select an appraiser, and if there is still
disagreement, the two appraisers select an umpire If a valuable vase is declared a loss as the result of a
appraiser. fire, the insurer has the right to take possession of
the vase after paying its full value minus any
Assignment deductible to the insured. The insurer then has the
An assignment is the transfer of a policy or some of right to sell the vase for whatever it can and keep
the policy's rights from the insured to another entity. the proceeds of such sale.
The Assignment Clause states that the policy cannot
be assigned or transferred to another without written Claim Settlement Options
authorization, signed by an officer (not the agent) of The insurer may pay either:
the insurance company. 1. the cost to repair the damaged property
2. the cost to replace the damaged property
Abandonment 3. or the Actual Cash Value
Property cannot be abandoned to the insurer. The
insured cannot declare something a total loss and
turn it over to the insurer and demand payment
without the insurer's consent.

26 CPMI Professional Development, Inc.


Third-Party Provisions Loss Payable Clause
A loss payee listed in the Declarations page is
Standard Mortgagee Clause considered an insured with respect to the property
he/she is linked to. The Loss Payee will be notified
A provision in a property insurance policy that gives
in writing if the insured cancels or non-renews the
a mortgage holder (such as a bank) three rights:
policy.
1. The right to be given 10 days notice if
either the insured or the insurer cancels the
policy. No Benefit To the Bailee
2. Claims settlement will be made directly to This provision does not allow the bailee to receive
the mortgagee in the event of a loss. payment for coverage to insured property while it is
3. The right to provide proof of loss so the being held, stored, repaired or moved for a fee by
mortgagee can be compensated for damages the bailee. This prevents the bailee from benefiting
if the insured does not provide such proof in from the insured's coverage on the property.
the event of a loss.

PERSONAL PROPERTY LINES


There are two major types of personal property Each of these is further broken down into Basic,
policy forms, also called Cause of Loss forms: Broad, and Special (All-Risk) policies. These
1. Dwelling forms divisions each include a set of coverages and
2. Homeowners forms. exclusions that are intrinsic to that type- whether the
policy is a Dwelling or Homeowners Policy.

STATE LAWS, REGULATIONS AND REQUIRED PROVISIONS


State Property and Casualty
describing the coverage.
It was generally replaced by simplified
Insurance Guaranty Association language policies in the 1980s.
When still used, other forms must
Insolvency accompany it in order to make it a complete
Unable to pay debts as they arise. A company in modern policy.
bankruptcy. Covered perils include:
fire
After an insurer becomes insolvent, the state finds lightning
funds to guarantee that the insureds' claims will be removal of property after a fire to
covered. All of the insurance companies in the state protect it from further damage
will provide their share of the money to cover the
claims of the insolvent insurer. All states, except for
New York, collect the funds on a post-insolvency Cancellation and Non-renewal
basis.
The insured may cancel the policy by:
1. Returning the policy to the insurer or to the
Standard Fire Policy insurer's representative.
2. Notifying the insurer in writing as to when
The Standard Fire policy is the most basic of all the cancellation is to take effect.
property insurance policies.
Initially drafted in New York in 1918, it was The insurance company may cancel the policy by
amended in 1943 and has only 165 lines written notice delivered to the insured or to the

27 CPMI Professional Development, Inc.


insured's representative for the following reasons: 3. Relatives residing in the property
1. Non-payment of premium (notification 4. Any person having custody of the property
must be at least 10 days before until a legal representative is appointed
cancellation).
2. Any reason, within 60 days of application. Negligence
If in effect for more than 30 days, the policy
may be canceled on its anniversary date,
with 31 days written notice. Elements of a Negligent Act
Negligence is a concept that has been developed
Or at any time with 31 days written notice for: through common law. The basic premise of
1. Discovery of grossly negligent acts or common law is that people have an obligation or
omissions by the insured that increase the legal duty to behave in a reasonable and prudent
risk of the hazard insured against. fashion. This is called the Reasonable Person Rule.
2. Operational changes in the insured's
business or the covered risk. Failure to act in this manner constitutes negligence.
3. Physical changes in the insured's property If this negligence leads to the injury of another or to
which result in its becoming uninsurable. the damage of another's property, the negligent
4. The insured being convicted of a crime that party may be held liable for the damage. In order
increases the hazard insured against. for legal liability to exist it must be established that:
5. Discovery of fraud in obtaining the policy 1. negligence occurred,
or pursuing a claim. 2. that there was actual damage or loss
3. that the negligence was the proximate cause
Non-Renewal or Conditional Renewal of the loss
The insurer may non-renew or conditionally renew
A person cannot be held legally liable unless he or
with a reduction of limits or with elimination of
she had a duty to act and failed to do so, or failed to
some coverages by giving a 30-day written notice.
act correctly.
Example: An insurer decides it will no longer offer
Negligence is the failure to take reasonable care,
sewer or sump pump back-up coverage, or that it
precaution, or action to lessen risk exposure.
will change the way it will cover damage caused by
Negligence may be the result of either omitted acts
an earthquake.
(such as failure to shut a window before leaving the
house) or committed acts (playing catch with your
Private Residence child in front of a sliding glass door).
The notification for canceling homeowner policies
requires more advance notice because it is a private
residence and the insured's belongings need to be
Four Basic Categories of Individuals that
covered. Depending on the state, the notice must be Cannot Be Held Negligent
sent 45 days before the effective date of 1. Infants
cancellation or non-renewal. 2. The mentally ill
3. Governmental bodies
Commercial 4. Charitable institutions
Because the notification is being sent to a
However, recent legislation and court decisions
corporation instead of an individual, notice on a
have held that the government can be liable to the
commercial policy must be sent 60 days before the
same extent as private individuals and charitable
effective date of the cancellation or non-renewal.
institutions are to be treated in the same manner as
The number of days varies by state.
for-profit businesses.
Basic Property Insurance-Death of
Defenses Against Negligence
Named Insured Negligent behavior doesn't necessarily mean legal
In the event of the death of the named insured, liability. Certain defenses can free the person from
coverage still exists for: legal liability in spite of negligent behavior, or
1. The legal representative of the deceased prevents recovery for possible injuries caused by
2. The spouse negligence:

28 CPMI Professional Development, Inc.


1. Assumption of Risk A person who 4. SODDI- Some Other Dude Did It
understands the danger involved in a Binders
particular activity and voluntarily chooses
to do the activity anyway can be The binding of coverage is the giving of an oral or
acknowledged to have assumed the risk written statement that provides immediate insurance
himself. An individual who goes to a protection for a specified time period, usually from
hockey game assumes the risk of getting hit the time an application for coverage and premium
by a flying puck. payment is accepted by the agent until a policy is
2. Contributory Negligence Any negligence issued or denied by the insurance company.
on the part of an injured party will normally Exclusive agents have authority to bind
defeat a claim. A few states use the
coverage when they write an application.
doctrine of contributory negligence.
Independent agents/brokers often do not
3. Comparative Negligence More lenient and
have authority to bind coverage, but rather
used by more states than contributory
they submit the application to one of the
negligence. Contributory negligence on
companies they represent and the insurer
the part of the injured party will not
may or may not bind the coverage.
necessarily defeat the claim but will be used
in some way to lessen the damages payable
All policy terms and conditions are in force until a
by the other party.
policy is issued or coverage is declined by the
4. There are two separate schools of thought:
insurer on whom the binder was written.
1) Mississippi Rule- any defendant who is
partly at fault must pay in proportion to
their share of the fault. 2) Wisconsin Rule- Insurance Consultation Services
Used by most states, the defendant who is Exemption
least at fault is not required to pay for any
of the damages. Insurance Consultation Service is any of the
5. Intervening Cause/Last Clear Chance The following:
injured party would be able to collect 1. survey
damages even if he/she had contributory 2. consultation
negligence if the other party had an 3. inspection
opportunity (last clear chance) to avert the
accident but did not do so. performed by an insurer to reduce the likelihood of
6. Statutes of Limitations Time limit on how injury, death or loss.
long an injured person can sue for damages.
The injured party must act to collect for If a consultation is made or not made, this does not
damages during the given time period or subject the insurer to liability for damages occurring
forfeits the right to do so. as a result of omission during insurance
7. Common Law Fellow Servant Rule An consultation services. Unless the damages (injury,
employer cannot be held liable for the death or loss)
actions of a co-worker if an employee is 1. Occurred during the performance of the
injured due to the negligence of that co- consultation and was caused by negligence
worker. 2. Are the result of any consultation service
required by a service contract
Common Law Defenses 3. Are the result of actions by the insurer
Some of the more common Common Law defenses which are determined by a judge to be
include: criminal, malicious, or because of gross
1. Automatism negligence
2. Duress
3. Insufficient mental capacity

FAIR CREDIT REPORTING ACT

29 CPMI Professional Development, Inc.


The Fair Credit Reporting Act is a federal law more traditional rating factors such as motor vehicle
that regulates the collection, dissemination, and use records and claims history. Some states allow
of consumer information, including consumer credit insurance companies to use credit alone to
information determine the rate, others will not.

A growing number of personal auto and A consumer must be told if their premium has been
homeowner's insurance companies have begun adversely affected by a credit score. They may get
looking at consumer credit information to decide a free report from the reporting agency, and
whether to issue or renew policies, or to decide challenge any adverse information. While they can't
what premiums to charge for those policies. just change the information, they can:
1. discover what creditors issued offending
Insurance companies may not use credit information information and write them asking to
to discriminate against people with low incomes, correct misinformation
particular genders, or races. They also may not 2. Write the credit company with their side of
gather information to track medical information a credit dispute.
and use that in figuring credit worthiness and
premium rates. How Long can Negative Information
Stay on a Credit Report?
Use of Credit Information A credit reporting company generally can report
most negative information for seven years.
Underwriting departments use this information in Information about a lawsuit or a judgment against
deciding whether to issue a new policy or to renew you can be reported for seven years or until the
existing policies. Some state laws prohibit insurance statute of limitations runs out, whichever is longer.
companies from refusing to issue a new policy or Bankruptcies can stay on a report for up to 10 years.
from non-renewing an existing policy based solely The credit company won't generally report this
on information obtained from a credit report. information after these time limits, but these time
limits on reporting negative information do not
Rating- Deciding what premium to charge, either apply if the credit report will be used in connection
by placing the insured into a specific rating tier or with:
level, or by placing them into a specific company Your application for a job that pays more
within their group of companies. Some insurance than $75,000 a year
companies use credit information along with other Your application for more than $150,000
worth of credit or life insurance

PRIVACY PROTECTION
The Gramm Leach Bliley Act regulates the be informed that information will not be so shared,
disclosure of non-public information to non- and the insured must sign forms showing they have
affiliated third parties. When insurers gather had this information disclosed to them.
information from prospects and insureds, they must

TERRORISM RISK INSURANCE ACT


Purpose insured losses in all of their covered commercial
Also known as TRIA, this federal law provides a lines policies.
federal backstop for defined acts of terrorism and
imposes certain obligations on insurers. As a result Definitions
of this act Property and Casualty insurers must Act of Terrorism
participate in the Terrorism Insurance Program (the Any act that is certified by the Secretary of the
Program) and must make coverage available for all Treasury, in concurrence with the Secretary of State

30 CPMI Professional Development, Inc.


and the Attorney General of the United States to be Non-Certified Loss
an act of terrorism and: A loss that is not covered as described in the Act.
1. to be a violent act or an act that is
dangerous to human life, property, Certified vs. Non-Certified Losses
infrastructure The main difference between a certified and a non-
2. to have resulted in damage within the U.S., certified act of terrorism is that a certified act
or outside the U.S. in the case of an air always involves a foreign person or interest, while a
carrier or vessel or on the premises of a non-certified act may not.
U.S. mission
3. to have been committed by an individual(s)
on behalf of a foreign person or foreign Requirement for Terrorism Risk
interest as part of an effort to coerce the
civilian population of the U.S. or to
Coverage to be Offered
Insurers are allowed to charge extra premium for
influence the policy or affect the conduct of
terrorism coverage, but must give the option to all
the U.S. Government by coercion.
commercial property and casualty insureds.
No act that is committed in the course of a declared
To speed availability of terrorism risk insurance as
war is considered an act of terrorism.
called for in the Act, rates and forms for the
coverage covered by the Act do not need to be pre-
Exceptions: filed with any state or be subject to prior approval
1. For purposes of Workers' Compensation. or a waiting period under any state's law through
2. For the case of property and casualty December 31, 2003, but may be subject to
policies where the losses resulting from the regulatory review for excessive charges or
act exceed $5 million in total losses. compliance with state laws once the rates and forms
are in use.
Insured Loss
Any loss resulting from an act of terrorism
(including an act of war, in the case of Workers'
Effect on Workers' Compensation
The federal program shares the risk of loss with
Compensation) that is covered by primary or excess
Workers' Compensation for acts of war as well as
property and casualty insurance issued by an insurer
for acts of terrorism.
if such a loss occurs:
1. within the United States.
2. in an air carrier (as described in section Extension Act of 2005
40102 of title 49, United States Code), to a
United States flag vessel (or a vessel based The Extension Act of 2005 extended the program
principally in the United States, on which through 2007. Updates Section 102(B) so that the
U.S income tax is paid and whose insurance term property and casualty insurance does not
coverage is subject to regulation in the include the following types of insurance:
U.S.), regardless of where the loss occurs, 1. commercial automobile
or 2. burglary and theft
3. at the premises of a U.S. mission. 3. surety
4. professional liability
Insured loss excludes amounts awarded in a civil 5. farm owners multiple peril
action that are attributable to punitive damages.
Insurers must make property and casualty insurance The insurer deductible for 2006 was the value of an
coverage available for these insured losses that do insurer's direct earned premiums for 2005
not differ materially from the terms, amounts, and multiplied by 17.5%. The insurer deductible for
other coverage limitations applicable to losses 2007 was the value of an insurer's direct earned
arising from events other than acts of terrorism. premiums for 2006 multiplied by 20%.

Certified Loss The insurance marketplace aggregate retention


A loss that fits the definition of an insured loss as amount will now be the lesser of the aggregate
described in the Act. amount for all insurers and $27,500,000,000 for
2007 2014.

31 CPMI Professional Development, Inc.


The insurer deductible for 2008-2014 is the value of
Reauthorization Act of 2007 an insurer's direct earned premiums for the previous
year multiplied by 20%.
In December 2007, the Terrorism Risk Insurance
The U.S. Secretary will notify Congress within 15
Act was extended for 7 years until 2014. (Note:
days after an act of terrorism whether the aggregate
The current test outline only covers the Extension
insured losses will exceed $100,000,000,000.
Act of 2005, but the information is included here for
your convenience.)
Any policy that is issued or renewed after 2008
must provide clearly disclose to the policy owner
An act of terrorism can be done by any
the existence of the $100,000,000,000 cap.
individual(s) as part of an effort to coerce the
civilian population, no longer only in the interest of
The secretary is required to collect terrorism
a foreign person or interest.
premiums within two years or by 2017.

32 CPMI Professional Development, Inc.


SECTION II - PROPERTY INSURANCE BASICS REVIEW QUESTIONS
1. Chris moves to another city before selling 6. Which section of the insurance policy
his house in the first city, leaving some of identifies the insured's responsibilities?
his property in the house to aid in its sale. a) Declarations
He leaves the insurance policy in force to b) Insuring Agreement
protect the house and personal property. c) Conditions
Three months later the insurer finds out that d) Exclusions & Endorsements
Chris is no longer living in the house and
decides to cancel the policy. Which 7. Where does a policy mention that once the
definition explains this situation and why insurer has paid a claim, the insurer has the
the insurer can cancel the policy? right to pursue action against a liable third
a) Unoccupancy party to recoup the loss?
b) Vacancy a) Arbitration clause
c) Abandonment b) Subrogation clause
d) Loss assessment c) Assignment clause
d) Other insurance provision
2. Which section of the insurance policy
identifies areas where there are reductions 8. The Standard Fire Policy insures against all
in coverage? of the following perils except:
a) Declarations a) fire.
b) Insuring Agreement b) lightning.
c) Conditions c) hail.
d) Exclusions & Endorsements d) removal of property to protect from
further damage.
3. Which section of the insurance policy
identifies the insured? 9. An act of terrorism must be certified as
a) Declarations such by:
b) Insuring Agreement a) The U.S. Secretary of the Treasury, the
c) Conditions Secretary of State and the U.S. Attorney
d) Exclusions & Endorsements General.
b) The President of The United States.
4. Which section of the insurance policy c) The Secretary of State and the U.S.
identifies the insurance company's Attorney General.
responsibilities? d) The U.S. Secretary of the Treasury, as
a) Declarations approved by the U.S. Congress.
b) Insuring Agreement
c) Conditions 10. For a loss due to terrorism to be considered
d) Exclusions & Endorsements an insured loss, the loss must occur in any
of the following locations except:
5. Calvin sells his home to Don and Peg. In a) within the United States.
order to make the sale easier, he wants to b) on a U.S. flag vessel in foreign waters.
transfer his Homeowners insurance policy c) on the premises of a U.S. embassy.
to them at the time of the closing. Which d) on a vessel on which U.S. income tax is
part of the policy explains this type of paid, regardless of where the vehicle's
situation? insurance coverage is regulated.
a) Arbitration clause
b) Subrogation clause
c) Assignment clause
d) Other insurance provision

33 CPMI Professional Development, Inc.


Section III - Dwelling Policy
CHARACTERISTICS AND PURPOSE
Dwelling Policy (DP) forms are mono-line policies. 1. Maximum of four families and five
Mono-line policies only cover one type of boarders in the building
insurance. The DP covers the dwelling/building 2. Owner occupancy not required
only, not liability or theft. Contents coverage is 3. Mobile homes can be included on a
included only by endorsement. Dwelling form policy, but only if they are
permanently located
Eligibility 4. Incidental service business occupancy only,
Certain criteria must be met to be eligible for a such as beauty shops, music lessons, or
Dwelling policy: professional offices with a maximum of two
workers.

COVERAGE FORMS: PERILS INSURED AGAINST AND PROPERTY COVERED


Definitions eruption
3. Vehicle damage
4. Windstorm
Appurtenant Structures 5. Smoke
Other buildings or structures on the premises which
6. Hail
are of lesser value than the main building being
7. Aircraft damage
insured. Includes buildings such as storage sheds or
8. Explosion
guest houses. Also called separate structures.
General Policy Exclusions (8)
Fair Rental Value In a named peril policy, any peril that is not
Similar to additional living expense, fair rental
specifically mentioned is automatically excluded.
value can cover the loss of rents due to damage to
There are eight perils that are explicitly excluded
the rented property if the damage is due to a
from all property policies:
covered peril. It applies only for the period required
1. Earth movement
to repair or replace the damage.
2. Ordinance or law changes
3. Water damage by flood
Homes that are under construction are often covered
4. Sewer back-up
under a dwelling policy with the Building/Dwelling
5. Overflow from a sump pump
Under Construction endorsement, which is
6. Power interruption/failure
explained later.
7. Neglect
8. War or nuclear risk
Standard Fire Policy Perils
Other generally excluded perils include:
Standard Fire Policy perils include: 1. artificially generated electrical current
1. Fire, 2. explosion of steam boilers
2. Lightning, and 3. predictable losses.
3. Removal of Property to prevent further
damage.
Basic Form (DP-1)
Extended Coverage Perils Covered Perils
The three standard fire perils
1. Riot or civil commotion The eight extended coverage perils
2. Above ground damage from volcanic Vandalism & malicious mischief (V&MM),

34 CPMI Professional Development, Inc.


until the building is vacant for 30
consecutive days Coverage D-Fair Rental Value (Optional)
Theft coverage is optional-broad form 10% of the Coverage A amount if the rented
coverage if owner-occupied, limited if building is damaged by a covered peril.
tenant-occupied
Coverage E-Additional Living Expense
Coverage A-Building Insurer covers living expenses so the household
Covered for Actual Cash Value (ACV). may maintain its normal standard of living; also,
payment will be for the shortest time to repair or
Coverage B-Structures other than the replace the dwelling, or the shortest time to settle
Building/Separate Structures/Appurtenant elsewhere.
Structures
Insured for 10% of the Coverage A amount. Can be Special Form (DP-3)
increased for additional premium.
Special Form policies usually have more
Coverage C-Personal Property (Optional) underwriting requirements, such as greater square
If covered, covered on an ACV basis for additional footage, or the building being less than a certain
premium. age. The buildings are more likely to be owner-
occupied, so greater coverage is available.
Coverage D-Fair Rental Value
10% of the Coverage A amount if the rented Special Form Covered Perils
building is damaged by a covered peril. All-Risk
The Special Form policy is the first policy written
Broad Form (DP-2) on an all-risk basis. As described previously
these policies cover all risks unless explicitly
Covered Perils excluded from coverage. While the Basic and
The Basic Form perils (Riot or civil Broad form policies only cover the perils listed in
commotion, Above ground damage from the policy, some exclusions are listed, basically for
volcanic eruption, Vehicle damage, the sake of clarification, or to be more explicit.
windstorm, smoke, hail, aircraft Exclusions are more important to the all-risk
damage,explosion) policy, because if a peril is not listed as excluded, it
Broader explosion and smoke coverage is covered.
Glass breakage
Damage caused by burglars Coverages A, B, and D are each covered on an all-
Falling objects risk basis (covered unless specifically excluded).
Weight of ice, snow, and sleet Theft coverage is optional.
Collapse
Artificially generated electric currents Coverage A-Building
Freezing of or discharge from a plumbing, Covered for replacement value.
heating, or cooling system
Theft coverage is optional- it is broad form Coverage B-Other Structures (Optional)
if owner-occupied, limited if tenant Insured for 10% of the Coverage A amount. Can be
occupied increased for additional premium.

Coverage A-Building Coverage C-Personal Property (Optional)


Building is insured for Replacement Value as If included, covered against Broad Form perils only.
opposed to the Basic Form's ACV coverage.
Coverage D-Fair Rental Value (Optional)
Coverage B-Other Structures 10% of the Coverage A amount if the rented
Included. building is damaged by a covered peril.
Coverage E-Additional Living Expenses
Coverage C-Personal Property (Optional) Insurer covers living expenses so the household
If covered, it is settled on an ACV basis. may maintain its normal standard of living; also,

35 CPMI Professional Development, Inc.


payment will be for the shortest time to repair or elsewhere.
replace the dwelling, or the shortest time to settle

GENERAL EXCLUSIONS
Excluded Perils for Basic Form: interruption/failure, neglect, war or nuclear
1. The eight general policy exclusions (earth risk, V&MM if the premises have been
movement, ordinance or law changes, vacant 30 consecutive days, artificially
water damage by flood, sewer back-up, generated electrical current, explosion of
overflow from a sump pump, power steam boilers, damages from a vehicle
interruption/failure, neglect, war or nuclear owned or operated by an insured or a
risk) tenant)
2. Vandalism & Malicious Mischief (V&MM) Damage caused by agricultural or industrial
if the premises have been vacant 30 smudging (pollution)
consecutive days
3. Artificially Generated Electrical Current Excluded Perils for Special Form
4. Explosion of Steam boilers If a particular peril is not specifically excluded, it is
5. Predictable Losses (assumed) covered. The Special Form Exclusions include:
6. Damages from a vehicle owned or operated The Basic Form policy exclusions
by an insured or a tenant Agricultural or industrial smudging
(pollution)
Excluded Perils for Broad Form: Damage by wear & tear, rot & deterioration
The Basic Form policy exclusions (earth Settling & cracking, or mechanical
movement, ordinance or law changes, breakdown
water damage by flood, sewer back-up, Damage caused by birds, vermin, and
overflow from a sump pump, power insects

CONDITIONS
Duties After a Loss The Homeowners Policy becomes secondary
The insured must cooperate with the insurer in the coverage, paying after the other plan's coverage
event of a claim investigation. ends.

Legal Action Loss Payable Clause


The time allowed to bring action against the insurer A loss payee listed in the Declarations page is
is two years. considered an insured with respect to the property
they are linked to. The Loss Payee will be notified
Other Insurance in writing if the insured cancels or non-renews the
Losses covered by a home warranty or service plan. policy.
are covered first by the warranty or service plan.

SELECTED ENDORSEMENTS
Special Provisions for States changes to meet the state regulation, whether the
written policy is changed or not.
If a state's requirements differ from the policy
wording or change during the policy period, the
state regulations take precedence. The policy

36 CPMI Professional Development, Inc.


Automatic Increase in Insurance already finished construction.

Builder's Risk policies have been further broken


Adjusts the amount of property coverage (the
down to two methods of determining premiums:
policy's face amount) according to a stipulated
annual percentage based on an index of costs to
1. Completed value form
Perhaps the most common method, the
rebuild or replace the property. Premiums will
completed value form determines the
increase along with the coverage.
amount of coverage based on the projected
value of the building when it is completed.
Broad Theft Coverage The insurer will pay the actual cash value of
a loss, up to the proportion of the coverage
Coverage is on an all-risk basis for loss due to theft as compared to the actual value of the
or mysterious disappearance of personal property, property after construction is finished.
damage to premises and property resulting from If, for instance, the insured valued the final
theft, with sub-limits on property particularly construction at half-price when taking out
susceptible to theft ( e.g. money, securities, the insurance, the insurer will pay only half
paintings and jewelry). Also covers vandalism and of the ACV of the actual loss.
malicious mischief to the premises interior and to 2. Reporting Form
other property of the insured away from the insured The insured is required to file a monthly
premises. report with the insurer that shows the
construction's current completion value.
Along with this the insured pays premium
Dwelling Under Construction only on the amount completed, and the
insurer is only responsible for a claim up to
Also known as the Builder's Risk form, this covers the percentage of the final completed value
buildings that are under construction for loss due to that is shown as the amount on the current
liability or theft/destruction of materials or of monthly report.

PERSONAL LIABILITY SUPPLEMENT


Provides personal liability coverage as a separate insurance for them) or on a supplemental basis to
policy (for example someone who owns neither the mono-line dwelling policies.
personal property nor an auto and hence, have no

37 CPMI Professional Development, Inc.


SECTION III - DWELLING REVIEW QUESTIONS
1. In which of the following situations could a 4. Which of the following is not one of the
Dwelling Policy form not be used? twelve basic basic form exclusions for the
a) The owner does not live in the building. Dwelling policy?
b) There are three families, but two of a) Industrial Smudging
them have a non-family member living b) Explosion of Steam Boilers
with them c) Predictable Losses
c) There is only one family living in the d) Artificially Generated Electrical
building, but the wife does hairstyling Current
in the basement.
d) Five families live in the building, but 5. How will the loss payee be notified if the
there are no boarders. insured cancels or non-renews the Dwelling
policy?
2. Jim and Barb buy a rental unit and insure it a) Face-to-face
under a DP-2 policy. Which of the b) In writing
following situations would NOT be c) By phone
covered? d) Vocally
a) The kitchen ceiling caves in under the
pressure of snow after a severe 6. Adam lives in Delaware. His state's
snowstorm. requirements have changed since his
b) Children playing baseball in the lot next Dwelling policy started. What will take
door hit a ball through the front window precedence?
of the house. a) The municipality's regulations
c) A hailstorm damages the roof of the b) Adam's Dwelling policy
building. c) Delaware's regulations
d) A factory next door to the building d) A new policy will be immediately sent
spills chemicals that get into the to Adam
drinking water of the insured building.
7. The Dwelling Under Construction form is
3. Which of the following situations would also known as:
NOT be excluded from coverage in a DP-1 a) Builder's Risk Form
form policy? b) Broad Theft
a) The building has been vacant for 40 c) Automatic Increase
days. d) Major Coverages
b) The building falls into a sinkhole that
was located under it. 8. Broad Theft does not cover which of the
c) A flood causes damage to the building's following?
basement. a) Vandalism to the premises interior
d) The home next door to the insured b) Malicious mischief
building catches fire and the resulting c) 15 foot Sailboats
smoke causes damage to the insured d) Paintings
building.

38 CPMI Professional Development, Inc.


Section IV - Homeowners Policy
COVERAGE FORMS
Note: The HO-1 is rarely used anymore and there is against all risks except those specifically
no HO-7 policy. excluded.
2. Concurrent Causation principles, however,
HO-1 say that if two causes combine to produce
loss or damage, and one of the two causes is
excluded (e.g. flood) and the other cause is
The HO1 Home Insurance Policy is the most basic,
covered (e.g. windstorm), the loss will be
named perils insurance policy available to
covered.
homeowners. Most homeowners that purchase HO1
3. Coverages A- Building and B-Separate
insurance are insuring for catastrophic losses only.
Structures, are covered on a Replacement
The HO1 home insurance policy only protects the
Cost basis. Coverage C - Personal Property
home and contents for the most common perils that
is covered on an ACV basis but may be
occur. It is a very uncommon form today
endorsed to a replacement cost basis.
4. Does not cover losses done by a vehicle
Perils Insured Against with the HO-1 Home owned or operated by the insured to a fence,
Insurance Policy driveway, or walkway.
The 10 perils the HO1 Home Insurance Policy will
protect your home and belongings from are:
1. Fire or Lightning
Homeowners Contents/Tenant/Renter's
2. Windstorm or Hail Coverage/HO-4
3. Explosion There is no building coverage in a renter's policy.
4. Riot or Civil Commotion 1. In the Renter's Policy, Coverage C-
5. Aircraft Personal Property is the stated, basic
6. Vehicles(unless caused by the insured) insured amount.
7. Smoke 2. Renter's Coverage D-Additional Living
8. Vandalism or Malicious Mischief Expense is for 20% of the Coverage C
9. Theft (limit of liability on HO1 is usually amount. It is used by the insured for a
$1,000) motel or other living accommodations while
10.Volcanic Eruption waiting for their rental unit to be repaired.
The HO-1 policy can Be Replacement Cost or
Actual Cash Value Comprehensive Form/HO-5 (All-
Risk/Open Peril)
HO-2 Through HO-8 As with the HO-3, the HO-5 policy protects both
the building and outbuildings on an all-risk basis,
The definition of Insured has been expanded under except for those specifically excluded.
HO the Homeowner policies to include other Coverage C - Personal property is also
persons under the age of 21 and in your care or the covered on an all-risk basis and on a
care of a resident of your household who is your replacement cost basis, as opposed to the
relative. HO-3's ACV basis coverage
While claim settlements are usually ACV,
Broad Form/HO-2 (Named Peril) market value or stated value basis on the
HO-1, 2, and 3, the HO-5 settlements are
The Broad Form policy does not cover losses done
usually based on replacement cost basis.
by a vehicle owned or operated by the insured to a
fence, driveway, or walkway.
Guaranteed Replacement Cost
A modification of Replacement Cost, buildings are
Special Form/HO-3 (All-Risks/Open replaced at the actual cost to replace, even if more
Peril) than the stated insurance amount.
1. Buildings on an HO-3 policy are protected

39 CPMI Professional Development, Inc.


Extended Replacement Cost bounds of the association's policy over the entire
A cap such as 25% is placed on the amount over the complex.
actual stated insurance amount that the insurer will
pay to replace property. Condo coverage can be tricky. The condo
association must purchase an association policy to
Condominium Unit Owner Form/HO-6 cover building exteriors, outbuildings, and common
Special Form coverage can be purchased for properties and liabilities owned collectively by all
additional premium. the condominium owners. Different condo
associations include different parts of the structure
Condo unit coverages: as association-owned. Some include the basic
Coverage A-Building cabinets, plumbing, and wall-to-wall carpets, but
not any upgrades. Others include only to the
The HO-6 policy protects interior walls and
drywall and floor surrounding the unit. Still others
structures the unit owner owns individually, such as
include all parts of or attachments to the building,
cabinets, plumbing and electrical fixtures and wall-
needing only a renter's policy to cover the insured's
to-wall carpet.
personal property and liability. Care must be given
to ensure the correct coverage is extended in each
Coverage B-Outbuildings case.
(Optional in case the insured is responsible for
protecting such.)
Market Value/ Modified
Coverage C-Personal Property Coverage Form HO-8
Covers a stated amount as in a Renters Package.
This is used primarily for homes and structures that
might have a replacement cost greater than the
Coverage D-Additional Living Expense market value. For example, older homes, usually
20% of Coverage C (personal property) amount. built before 1950, often have ornate details or may
involve reproducing obsolete techniques at high
Loss Assessment Coverage labor costs.
Loss assessment is an optional coverage that Building coverage is actual cash value or
protects the individual condominium owner from repair cost using functionally equivalent
their share of a pro-rata loss assessed by the materials and methods rather than a
association for losses over the amount of the replacement cost basis.
association's policy, usually in amounts between HO-8 personal property is covered on an
$1,000 and $5,000. This could happen from a loss ACV basis unless endorsed to a
sustained in a common area used by all the condo replacement cost basis.
owners, such as a pool, or extending beyond the

PROPERTY AND LIABILITY COVERAGES


While Coverages A-D cover the physical property structure coverage, this coverage includes such
itself, Coverages E and F are for liability, including things as a separate garage, a shed, fencing, or an
personal liability and medical payments to others. in-ground swimming pool. An above-ground
removable pool would be considered personal
Coverage A-Dwelling property.

Buildings coverage includes only the dwelling Coverage C-Personal Property


itself.
Covers furniture, clothing, appliances, etc. Personal
Coverage B-Other Structures property which is usually located at the insured's
residence, but is temporarily away from those
Also called appurtenant structure or separate premises or is stored at a self-storage facility, is

40 CPMI Professional Development, Inc.


limited to 10% of the Coverage C amount or residence premises
$1,000, whichever is greater. This 10% limit does 3. blocks a ramp or other fixture designed to
not apply to personal property moved from the help a handicapped person to enter or leave
primary residence while the residence is being the dwelling.
repaired, or while in a newly acquired principal
residence for up to 30 days. Personal property Ordinance or Law
coverage is usually on an ACV basis except for the Coverage of up to 10% of the Coverage-A limit for
HO 5, but replacement cost coverage may be the increased cost to repair or rebuild a dwelling or
endorsed with extra premium. other structure to conform to applicable building
and land use codes is included as part of the
Coverage D-Loss of Use Homeowners policies without endorsement.
Additional amounts of coverage may be purchased
Includes temporary rental or motel expenses, meals for additional premium. This is not covered under
out, and other costs over and above normal living the HO-8 policy.
expenses while an insured home is being repaired
due to loss suffered by an insured peril, but not Credit Card, Fund Transfer Card, Forgery
normal expenses such as a mortgage. and Counterfeit Money
This includes coverage for electronic fund transfer
cards and devices used to deposit, withdraw or
Coverage E-Personal Liability transfer funds.
Covers amounts for which an insured is legally Collapse
liable because of bodily injuries or property damage
Building collapse, or the abrupt falling down or
caused to third parties, whether on or away from the
caving in of all or part of a building, or the risk of
insured premises. Includes $100,000 liability
loss involving a collapse making the collapsed
coverage.
portion so that it cannot be occupied is covered.
1. On-site liability example: A visitor falls
Collapse resulting from hidden decay or hidden
down the stairs of the insured home.
insect or vermin damage is excluded if the insured
2. Off-site liability example: The insured
knew about the damage before the building
breaks someone's leg while playing
collapsed. Collapse is not covered under the HO-8
basketball at a local gym.
policy.

Coverage F-Medical Payments to Breakage of Glass or Safety Glazing


Others Material by Earth Movement
The HO forms allow for coverage of glass that is
Medical payments cover emergency medical part of a covered building, storm door, or storm
treatment to those other than the insured for injuries window when caused directly by earth movement.
suffered on the insured premises or caused by an Direct physical loss to covered property caused
insured. Medical payments coverage is considered solely by the pieces, fragments, or splinters of such
goodwill coverage and is included in addition to broken glass is also covered.
liability coverage. It is often viewed and used as a
method to avoid the need for entering the liability Grave Markers
coverage area by taking care of minor injuries. Up to $5,000 for grave markers, including
mausoleums, on or away from the insured premises,
is covered for loss caused by a peril insured against.
Additional Coverages
Smoke Coverage
Debris Removal In the homeowners policy, smoke coverage includes
Fallen tree removal is $1,000, with a $500 limit for
the release of soot, vapor, and fumes from a boiler,
any one tree. Coverage is available if the fallen
furnace, or similar equipment.
tree:
1. damages a covered structure
Policy coverage limit percentages are different,
2. blocks a driveway, preventing a motor
depending on the type of policy and the number of
vehicle from entering or leaving the

41 CPMI Professional Development, Inc.


families in the dwelling. claims expense.
first aid expense for others.
OtherAdditions damage to property of others when not
legal fees for defending the insured if a legally liable.
lawsuit goes to trial. loss assessment coverage.

PERILS INSURED AGAINST


Broad Form/HO-2, Named Perils: aircraft damage, explosion)
The three standard fire perils (Fire, Broader explosion and smoke coverage
Lightning, and Removal of Property to Glass breakage
prevent further damage.) Falling objects
The eight extended coverage perils(Riot or Weight of ice, snow, and sleet
civil commotion, Above ground damage Collapse
from volcanic eruption, Vehicle damage, Artificially generated currents
windstorm, smoke, hail, aircraft damage, Freezing of or discharge from a plumbing,
explosion) heating, or cooling system
Vandalism & malicious mischief (V&MM), Theft coverage is optional--broad form if
until the building is vacant for 30 owner-occupied, limited if tenant occupied
consecutive days
Broad form theft is included in owner- Homeowners Contents/ Tenant/ Renter's
occupied homes. Coverage/HO-4
Coverage is against the Broad Form named
Special Form/HO-3, All-Risks/Open Peril perils listed previously.
Buildings on an HO-3 policy are protected against
all risks except those specifically excluded. Comprehensive Form/HO-5 (All-
Personal property is insured against the Broad Form
named perils, which include:
Risk/Open Peril)
These policies cover all risks unless
The Basic Form perils (fire, lightning, and
explicitly excluded from coverage for both
removal of property to prevent further
building and personal property.
damage, and the eight extended coverage
perils of (riot or civil commotion, above
ground damage from volcanic eruption, Condominium Unit Owner Form/HO-6
Vehicle damage, windstorm, smoke, hail, Includes the Broad Form named perils
listed above.

ADDITIONAL HOMEOWNER NOTES


Pair and Sets Clause vs. individual pieces.) A set of 12 silver spoons may
If a single item in a pair or set is lost or destroyed, be worth $1,800 as a set, but each individual spoon
the insurer will repair, replace, or pay the value of is worth only $100. If one spoon is lost or
the lost part, or will pay the difference between the destroyed, the remaining spoons are worth only
actual cash value of the property before and after $1,100. The loss of the one spoon, therefore, is not
the loss. This provision prevents the insured from $100, but the loss to the set as a whole, for a total
collecting for a total loss when only a part of a pair loss of $700.
or set is lost.
Additional/Supplemental Coverages
Example Payments over the stated insured amount include:
(Note- numbers used here are strictly arbitrary. Debris removal and cost of reasonable
There is no formula to determine the value of a set repair to prevent additional loss.

42 CPMI Professional Development, Inc.


Loss of trees, shrubs, and plants is covered, Fire department charges are covered up to a
but for limited perils only, and coverage is $500 limit.
limited to only 5% of the Coverage A Credit card, check forgery, or counterfeit
amount, and there is a $500 limit/plant. money is covered with a $500 limit.

EXCLUSIONS
Hovercraft and Parts 6. War
Self-propelled motorized ground effect vehicles 7. Nuclear
such as flarecraft and air cushion vehicles. 8. Freezing of plumbing
9. Theft in or to a dwelling under construction
Water or Steam 10. Vandalism
Water is not considered personal property of the 11. Hidden mold or wet rot
insured, even after it has passed through the 12. Wear and tear
insured's water meter. 13. Pollution
14. Concurrent Causation
Excluded Perils 15. The insured's animals and/or pets
The general fire policy exclusions-however,
Homeowners policies do include theft and Additional Liability Exclusions
will cover vehicular damage to the building, The following types of liability were added as
even if done by the owner or tenant. specific exclusions under the HO policies:
Vandalism and Malicious Mischief Communicable Disease- Bodily injury or
(V&MM) if vacant for 60 days property damage arising out of the
Agricultural and industrial smudging transmission of a communicable disease by
(pollution) an insured.
Damage by wear & tear, rot & Sexual Molestation, Corporal Punishment,
deterioration, settling & cracking, or or Physical or Mental Abuse
mechanical breakdown (i.e., a furnace) Controlled Substance- Bodily injury or
Damage caused by birds and insects property damage arising out of the sale,
Damage to animals (such as pets) of the manufacture, delivery, transfer or
insured or caused by animals of the insured possession by any person of a controlled
substance, including cocaine, LSD,
As discussed earlier, the following perils are marijuana and all narcotic drugs, except by
generally excluded under Property insurance the legitimate use of prescription drugs
policies, but may be added for additional premium: under the care of a licensed physician.
1. Ordinance or law Liability caused by intentional acts by or at
2. Earth movements - mine subsidence and the direction of the insured, or failure to
earthquake prevent another person's intentional act
3. Flood (covered through the National Flood Liability to an insured's employee which
Insurance Program- NFIP) should be covered by Workers Comp
4. Sewer back-up and sump pumps policies
5. Off premises power failure--loss caused by Professional liability
power company outages Business Pursuits
Vehicle, Watercraft, or Aircraft

43 CPMI Professional Development, Inc.


CONDITIONS
The Conditions section of the Homeowners policy Legal Action
is the same as in the Dwelling policy, and includes Other Insurance
the following: Loss Payable Clause
Duties After a Loss

Personal Property Replacement Cost


Homeowners-2, -3, -5, and -8 Policies
Coverage Limit of Liability
A This is the primary limit:
Dwelling ACV, Market Price, or Replacement Cost
B One and Two Family Dwellings: 10% of Coverage A
Other Structures Three and Four Family Dwellings: 5% of Coverage A
C One and Two Family Dwellings: 50% of Coverage A
Personal Property Three Family Dwellings: 30% of Coverage A
Four Family Dwellings: 25% of Coverage A
D Any necessary increase in living expenses so the household can maintain its
Loss of Use normal standard of living- Payment will be for the shortest time required to
repair or replace the damage or, if the insured permanently relocates, the
shortest time required for the household to settle elsewhere

Homeowners-4 and -6
Coverage Limit of Liability
A Homeowners-4: Not applicable
Dwelling Homeowners-6: $1,000 limit
B Not applicable
Other Structures
C This is the policy's primary limit, and the coverage amount depends on the
Personal Property amount of the insured's personal property.
D Any necessary increase in living expenses so the household can maintain its
Loss of Use normal standard of living- Payment will be for the shortest time required to
repair or replace the damage or, if the insured permanently relocates, the
shortest time required for the household to settle elsewhere

Special Limits of Liability


Money, bank Notes, bullion, gold or silver other than goldware or silverware $200
Securities, manuscripts, passports, tickets and stamps $1,500
Watercraft, including trailers & equipment $1,500
Trailers & semi-trailers not used with watercraft $1,500
Theft of jewelry, watches, furs and precious/semi-precious stones $1,500
Theft of silverware, goldware, pewterware, platinumware, or things plated with these $2,500
metals
Grave markers and mausoleums (not covered under HO-8) $5,000
Personal property used for business purposes $2,500
Property away from residence used for business purposes $1,500
Electronic devices and accessories used primarily for business while away from $1,500
residence premises

44 CPMI Professional Development, Inc.


Electronic devices while in, upon or away from a motorized vehicle $1,500
Theft loss of firearms and related equipment $2,500

SELECTED ENDORSEMENTS
Special Provisions for States Off-premises coverage not included.

If a state's requirements differ from the policy Earthquake


wording or change during the policy period, the
state regulations take precedence. The policy Covers loss caused by earthquake or volcanic
changes to meet the state regulation, whether the eruption. Earthquake coverage can be for the
written policy is changed or not. buildings only, or for both the buildings and
personal property of the insured. When added to
Limited Fungi, Wet or Dry Rot, the property policy, earthquake coverage may have
the same deductible as the rest of the policy but
or Bacteria Coverage usually has a separate deductible that is often
expressed as a percentage of the total loss rather
Coverage is included on the HO-3 and HO-5, and than a set amount.
endorsable on the other forms.
Note that if there is an earthquake, it is often
Loss is covered when such damage is caused by the followed by aftershocks. As long as the after
accidental discharge or overflow of water or steam, shocks are within 168 hours of the initial quake,
or by constant seepage or leakage of water or the they are considered a single occurrence. If 168
presence of condensation or humidity, moisture or hours has passed before another shock occurs,
vapor. The resulting damage must be unknown to insurers consider them separate occurences.
all insureds and be hidden in the walls, ceilings or
beneath the floors or above the ceilings of a covered
structure. This endorsement covers the cost of
Scheduled Personal Property/
damages caused by this peril in the building if the Personal Article Floater
loss is caused by a peril insured against during the
policy period. Subject to the limits the insured An endorsement which provides open-peril
chooses and for additional premium, this coverage on specific property. The insured
endorsement covers the cost to: schedules both the coverage and the value. Often,
Remove the fungi a current appraisal of the object's value is needed.
Tear out and replace any part of the building There are nine different types of property that can
as needed to gain access to the fungi be endorsed:
Test air or property to confirm the absence, 1. Personal furs
presence, or level of fungi, but only if there is 2. Personal jewelry
a reason to believe there is the presence of 3. Silverware
fungi, wet or dry rot or bacteria. 4. Golfer's equipment
5. Cameras
6. Guns
Permitted Incidental 7. Fine arts and antiques
Occupancies 8. Stamp and coin collections
9. Musical instruments
Homeowner policies cover personal property and
liability and extends coverage on a limited basis to While this is a floater that is usually attached to
property that is used in a business. The Permitted homeowner policies, it is considered a commercial
Incidental Occupancies endorsement extends policy form.
coverage to premises business property and Home Day Care
premises liability for a named particular businesses.

45 CPMI Professional Development, Inc.


Property and liability coverage for a home day care activity. Expenses include notarized affidavits,
business may both be endorsed or added to the certified mail to law enforcement officials, lost
policy. The typical endorsement is for insureds income up to $200 per day, loan application fees for
caring for up to three children in addition to the reapplication for loans rejected as the result of
insured's own children. Special permission from the incorrect information, reasonable attorney fees to
insurer's underwriting department required for more defend lawsuits brought against the insured because
children. of the identity theft. This endorsement has a special
$250 deductible.
Windstorm or Hail
(all forms except HO-4 & HO-6) Functional Replacement Cost
A percentage deductible is applied to the total loss (Forms HO-2, HO-3 and HO-5)
caused by windstorm or hail, separate from the The amount to repair or replace a damaged covered
policy deductible. Windstorm or hail damage may building with less costly common construction
be totally excluded from coverage for a premium materials and methods that are the equivalent to
credit, or may be endorsed to be covered by Actual obsolete, antique, or custom materials and methods
Cash Value for such losses. used in the building's original construction.
(Receives a premium discount.)
Special Additional Amount of
Insurance for Coverage A Property Remediation for Escaped Fuel
Dwelling (Forms HO-2, HO-3 & HO-5) & Limited Lead & Escaped Liquid Fuel
Coverage is extended to cover an additional Liability
percentage over the coverage amount of the Covers covered real property (land and buildings)
dwelling in Coverage A if the insured has allowed and personal property from damage caused by
the insurer to increase the coverage on the home escape of liquid fuel from a fuel system, boiler,
along with inflation, and with additional premium. heater or pumping apparatus located on an insured
location. Also covers the cost to temporarily stop
Identity Fraud Expense Coverage such leakage and clean up or remove the damage as
Covers expenses up to $15,000 incurred by the required by law or in response to a governmental
insured if a means of identification of the insured authority request. The endorsement does not pay
(such as a driver's license or passport) is unlawfully for any reduction in market value, fuel replacement,
taken with the intent to commit any unlawful or repair or restoration of the fuel system.

MOBILE HOME POLICIES


Mobile homes are legally classified as personal Restrictions on Mobile Home Policy
property and are not covered by Homeowners Coverage
policies. Mobile homes have their own policies that Actual cash value coverage on both the
have been developed for them. Mobile home structure and personal property is standard.
coverage includes: Replacement cost can be endorsed on the
the structure itself
structure, but not usually on contents.
original equipment as well as additions
Age and value requirements are common,
appurtenant (added) structures
where the insurer will only insure mobile
personal property homes less than a certain age and greater than
liability coverage a certain monetary value.
medical payments to others.

46 CPMI Professional Development, Inc.


SECTION IV - HOMEOWNERS REVIEW QUESTIONS
1. Debra's Victorian home has ornate wood a) Mobile homes are covered as dwellings
banisters along a winding staircase, as well b) Medical coverage is not included.
as intricate moldings around the windows. c) Personal property is covered with
If a fire destroys the house and the replacement cost
insurance company replaces the woodwork d) A mobile home is personal property.
with standard material and work, which of
the following types of coverage does Debra 7. The RWE Safe Condominium Association
have? is sued for liability damages when a visitor
a) Replacement cost drowns in the association's pool. The
b) Guaranteed replacement cost amount of damages awarded is above the
c) Functional replacement cost liability limits of the association's policy.
d) Stated value Which of the following would give the
individual association owners coverage for
2. Ted just bought a home in a small town for their share of the amount in excess of the
$60,000. He knows the home would cost association's policy?
$150,000 if he were to build it today, but a) Replacement cost
wants to insure the home for the actual cost b) Loss assessment
he paid for it. For which of the following c) Liability coverage
coverages types will he insure the home? d) Additional living expense
a) Actual cash value
b) Replacement cost 8. Ray has an HO-5 all-risk policy. He came
c) Market value home one day to find his house burglarized
d) Stated value with $800 stolen. If Ray had a $200
deductible, how much would the insurer
3. The amount of personal property coverage pay to indemnify him?
in an HO-6 policy form is: a) $0
a) a stated amount. b) $250
b) 10% of the Coverage A amount c) $300
c) 50% of the Coverage A amount. d) $550
d) Personal Property is not covered on an
HO-6 policy. 9. Gene and Dee have an HO-3 policy with
the building insured for $100,000. How
4. Which of the Homeowners forms would much coverage of personal property do Dee
offer the least coverage, but still cover and Gene have for property they keep
damage caused by a deer breaking the front stored at a second residence they own?
window of the insured building? a) $0
a) HO-1 b) $1,000
b) HO-2 c) $5,000
c) HO-3 d) $10,000
d) HO-5

5. What is the standard amount of coverage 10. Which of the following would not be
for Separate Structures on a Homeowners allowed a homeowner policy under the HO
Policy? eligibility rules?
a) 10% of Coverage A a) A building with four families living in it
b) 10% of Coverage B b) A home with one family that has two
c) 20% of Coverage A boarders
d) 20% of Coverage B c) A building with three families living in
it
d) A one family home with an incidental
6. Which statement is true regarding Mobile bakery business
Home policies?

47 CPMI Professional Development, Inc.


11. What is the special limit of liability for theft b) Removal of the fungi
of jewelry on the HO policies? c) The cost to tear out and replace any part
a) $500 of the building as needed to gain access
b) $1,000 to the fungi
c) $1,500 d) The cost of a house guest's medical bills
d) $2,500 after he or she becomes ill because of
the presence of mold.
12. Pritika and Allan bought a home built in the
1880's in a small town for $85,000 that 14. The amount to repair or replace a damaged
would cost $235,000 to rebuild if destroyed covered building with less costly common
because of the ornate molding and construction materials and methods which
windows. What type of Homeowners are the equivalent to obsolete, antique or
policy would BEST cover their needs if custom materials and methods used in the
Pritika and Allan would be willing to building's original construction is called:
rebuild the home with functionally a) Functional Replacement Cost
equivalent materials and modern b) Replacement Cost
techniques? c) Modified Replacement Cost
a) HO-2 d) ACV
b) HO-3
c) HO-5
d) HO-8

13. Which of the following is NOT covered by


the Limited Fungi, Wet or Dry Rot, or
Bacteria Coverage endorsement in the HO
policies?
a) Periodic testing of the building to test
for the possible existence of fungi

48 CPMI Professional Development, Inc.


Section V - Commercial Package Policy
(CPP)
INTRODUCTION
Our thriving economy does so well because of the policies, and policy types.
many different types of businesses that have sprung
up to meet the needs of people. The fact that these Insurance Services Office (ISO)
businesses are so different means that they have The ISO is an independent organization that
quite different needs in terms of insurance services the insurance industry. The ISO developed
protection. A restaurant, for instance, has different standardized forms to offer a spread of coverages to
needs than a bookstore, a trucking company, or a larger segments of the business marketplace in
manufacturing plant. 1986. Coverage modules allow for policy
flexibility, because some coverages might be needed
For this reason, the first commercial policies were by one type of business but not by another. Two
customized to the needs of the particular business. broad categories are:
Fire insurers wrote commercial fire policies that 1. Commercial Package Policy (CPP)
covered losses from fire and extended coverage (for Large businesses)
endorsement perils, but did not cover property away Allows insured to pick and choose
from the insured premises, theft, or crime. Casualty coverages on a monoline policy basis,
insurers developed commercial auto policies and grouping the monoline policies together
boiler and machinery policies to cover the particular into one place for the insured's convenience
nuances of that market. There were no general 2. Business Owners Package Policy (BOP)
guidelines for policies, and coverages could differ (for Smaller businesses)
greatly from one company to another. Also, gaps in A package of coverages that will serve the
coverage developed between different companies, needs of most small businesses

COMPONENTS OF A COMMERCIAL POLICY


As stated above, the Commercial Package Policy records and to hold inspections and
allows the insured to pick and choose coverages on surveys
a monoline policy basis, grouping the monoline g) Other insurance provisions
policies together into one place for the insured's h) Policy liberalization procedures
convenience. i) Premium amounts
j) Subrogation
There are two required sections:
1. Common Policy Declarations The Commercial Policy must also contain at least
2. Common Policy Conditions contains the two of the following commercial coverages:
agreed upon legal obligations and duties of 1. Commercial Property
the insurer and the insured. 2. Commercial General Liability
3. Commercial Crime
This will include: 4. Commercial Auto
a) Policy Period (loss must occur between 5. Commercial Inland Marine
policy inception and cancellation dates) 6. Boiler & Machinery
b) Policy Territory (coverage only in the U.S., 7. Farm Property and Liability
its territories, Puerto Rico, or Canada)
c) Policy cancellation or changes Common Policy Declarations
d) Concealment
e) Misrepresentation or fraud Contains information about the insured, the
f) Insurer's right to examine company

49 CPMI Professional Development, Inc.


inception and ending dates and premium charges. discussed earlier in the Dwelling and
Each coverage part in the policy has its own Homeowners Policies-Basic, Broad and
declarations page, because each is a monoline Special causes of loss forms and the
policy in and of itself. Earthquake Form.
Sinkhole and sprinkler leakage damage is an
added peril.
Interline Endorsements V&MM is also a Commercial peril, but is not
covered if the property has been vacant for 60
Endorsements can modify one or more of the days or more.
Commercial Package Policy coverages. An
interline endorsement modifies two or more The most common Commercial Property Coverages
coverages. include:
Building and Personal Property
Coverage Extensions
One or More Coverage Parts Commercial Property Form Endorsements
Glass
Coverage on Commercial Building and Property Condominium Association
forms or parts is on a monoline basis for the Builders Risk Form
buildings only. Legal Liability Form
Coverage is on an ACV basis, but
Leasehold Interest Form
replacement cost settlement can be added as Mortgage Holders Error & Omissions Form
an endorsement. Tobacco Sales and Warehouse Form.
Covered Peril Forms include those

COMMERCIAL PROPERTY
Commercial Property Conditions
the insured's business.
Personal Property of Others-items
Form covered under this heading include
improvements and alterations made
A Commercial Property Policy (CPP) consists of by the insured to a building that is
the basic parts of a policy: leased and that cannot be removed
Declarations upon the termination of the lease,
Insuring Agreement as well as personal property of
Conditions someone other than the insured that
Exclusions and Endorsements is under the care, custody, or control
of the insured.
Coverage Forms Other Provisions-
Additional Coverages (extra perils
covered)
Building and Personal Property Extensions of Coverage (additional
The structure of the Building & Personal Property
amounts)
Coverage Form includes:
Covered Property
Newly Acquired Buildings/ Personal Property
Buildings-Listed and described in
Any newly acquired/constructed building coverage
the Declarations section; anything
is temporary as it exists for a finite period no greater
that is or has become a permanent
than policy expiration or 30 days. Coverage during
part of the buildings (additions,
this temporary period is limited to $250,000 per
fixtures, extensions, machinery, and
newly acquired or constructed building and
equipment) is covered as well.
$100,000 for personal property at each of these
Business Personal Property-
same covered buildings.
property that is owned by the
insured and used in the course of

50 CPMI Professional Development, Inc.


Business Personal Property Exclusions furniture, fixtures, stock, and improvements or
Covered property does not include: alterations owned by the insured.
accounts, bills, and currency
animals unless held for sale or boarded by Builders Risk
the insured, or owned and held as stock Covers commercial, residential, or farm buildings
inside of buildings that are under construction.
automobiles held for sale
aircraft and watercraft unless held for sale Business Income
crops outside of buildings Covers earnings losses while the business is shut
signs not attached to the insured building down to remodel and restock after a loss due to a
contraband or property from illegal trade covered peril. Incomes included in this coverage
bridges, roadways, walks, patios, or other are:
paved surfaces 1. net income before taxes
the cost of excavations, grading, filling, or 2. earnings necessary for continued operating
backfilling expenses
foundations of buildings, structures, 3. extra expense coverage.
machinery or boilers if their foundations are
below the lowest basement floor or the Operating expenses are those like utilities,
surface of the ground, if there is no advertising, rent or mortgage payments, and payroll.
basement Payroll is automatically included unless excluded
land (including land on which the property by endorsement. This coverage allows a business to
is located), water, growing crops or lawns maintain employees who might otherwise be lost if
personal property while airborne or they had to look for a different job. Coverage is on
waterborne a co-insured basis, with the insured choosing the
bulkheads, pilings, piers, wharves, or docks level of coverage-50%, 75%, 80%, or 100%. The
property that is covered under another insured chooses the percentage of lost income
coverage form of any other policy in which coverage she wants. The insurer pays only that
it is more specifically described, except for percentage and not the full amount of lost income.
the excess of the amount due (whether the
insured can collect on it or not) from that Legal Liability
other insurance Covers damage to property of others in the insured's
retaining walls that are not part of a care, custody and control.
building
underground pipes, flues, or drains
electronic data, except as provided under
Extra Expense
Covers business continuation at another location
Additional Coverages
while repairs from a covered loss are occurring at
the cost to replace or restore information on
the insured premises-rent, phone installation,
valuable papers and records, including
mailings to customers about temporary relocation,
those which exist as electronic data.
etc.
Condominium Association There are two basic ways that Extra Expense
Covers buildings and fixtures and is primary to Insurance can be provided. Extra Expense can be
individual unit owner policies. written as a separate Coverage Form or it can be
Some association policies cover the entire provided in combination with Business Income
building. Insurance. The most common way to provide Extra
Some policies cover only up to the Expense is in combination. One of the advantages
drywall, with the individual condo owners of the combination form is that it does not have
responsible for covering from the paint in, Limits on Loss Payment which has often been
such as cabinets and built-in bookshelves. referred to as the 40/80/100 clause.

Condominium Commercial Unit-Owners Percentage availability (40/80/100)


Protects the owner of a business or commercial The ISO form states:
condominium unit against loss or damage to We will not pay more for Extra Expense than the

51 CPMI Professional Development, Inc.


percentages shown in the Declarations times the smoke, sprinkler leakage, riot or civil
Limit of Insurance. commotion, sinkhole collapse, volcano.
2. broad form-includes perils found under the
When the period of restoration is: basic form plus falling objects causing
a) 30 days or less, the first percentage applies exterior damage that results in interior
b) 60 days or less, but more than 30 days, the damage; weight of ice, sleet, and snow;
second percentage applies accidental discharge of water or steam from
c) More than 60 days, the third percentage a system or appliance containing steam or
applies water, but not including an automatic
sprinkler system; and breakage of glass;
Using the 40/80/100 as applicable percentages, on subject to a $500 maximum limit.
first read the policy appears to be saying that the 3. special cause-of-loss form-includes all
most an insured can collect the first month of their direct accidental losses except those
loss is 40% of the limit. Reading more closely, that specifically excluded in the policy (such as
is not what the form says at all. It says when the flood, war, wear and tear, and earth
period of restoration is less than 30 days then the movement).
insured can only collect the 40% of the loss. Stated
differently, if the insured's loss lasts more than sixty Selected Commercial Property
days to repair or replace so that the insured is
operational, then the insured is entitled to 100% of Endorsements
the amount of Extra Expense loss they are able to
prove. The intent of the limits of loss payment is to Ordinance or Law
limit the amount of Extra Expense if the loss is This endorsement covers loss of value or damage to
minor in nature. an undamaged portion of a building, demolition and
removal of undamaged parts of the building, and
Causes of Loss Forms: Basic, any increased costs of repairs due to civil building,
zoning or land use law changes.
Broad and Special
Spoilage
For a loss to be covered, it must exceed the If endorsed to the policy, the Spoilage endorsement
deductible stated in the Declarations section, but be covers perishable stock for damage resulting from a
less than the Limit of Insurance-the amount between mechanical breakdown, a power outage, or a
the two is the covered amount. Also, there may be refrigerant contamination.
deductions for any co-insurance or Agreed Value
coverage provision.
Peak Season Limit of Insurance
This seasonal endorsement allows additional
When the loss or damage from any one occurrence
amounts of personal property coverage during
involves two or more items of covered property and
designated periods such as Christmas or other
more than one Limit of Insurance, the deductible is
holidays when inventory levels are increased.
applied to the total amount of loss, as long as loss to
at least one item is less than the total or sum of the
Limit of Insurance on that item plus the Deductible. Value Reporting Form
The Value Reporting Form allows an insured that
The CPP uses the same three covered peril forms as has property that fluctuates in value to pay premium
the HO and Dwelling policies: The Basic Form, the on an average value for the entire policy year.
Broad Form, and the Special Form. Periodic updated value reports are filed with the
1. The basic form-includes fire, lightning, insurer to keep the property completely insured with
windstorm, hail, explosion, vandalism, no penalties in the event of a loss.

COMMERCIAL INLAND MARINE


Historically, inland marine coverage started after the order to cover inland transportation, as opposed to
development of the railroad, trucks, and airplanes in ocean marine coverage for ocean-bound ships. It

52 CPMI Professional Development, Inc.


covers property on land that is mobile and away Commercial/Contractor's Equipment
from the owner's premises. Major forms include: Floater
Common Carrier Covers contractor's equipment either on or off
Trucker's premises.
Shipper's
Owner's
Electronic Data Processing
Transit forms
Provides all-risk coverage for loss of computer
programs, data or media. all-risk refers to all risks
Nationwide Marine Definition except those expressly excluded.

The standard for inland marine coverages, the EDP policies provide special peril coverage
Nationwide Marine Definition includes six coverage similar to that provided by special property forms,
types: PLUS coverage for all electrical and magnetic
1. personal property floaters and pleasure craft damage, mechanical breakdown and often
2. commercial property coverages, including the temperature and humidity changes as well.. Some
contractor's equipment floater insurers include the perils of electrical and magnetic
3. domestic shipments (trucking) damage, mechanical breakdown and often
4. instrumentalities of transportation or temperature and humidity changes in the basic
communication form, while others make them available by
5. imports endorsement for an additional premium.
6. exports.
Equipment Dealers
Commercial Inland Marine Insures the stock in trade of the insured that consists
mainly of mobile agriculture and construction
Conditions Form equipment and similar property of others in the
insured's care, custody and control, not including
Contains the agreed upon legal obligations and autos, trucks, motorcycles, aircraft, or watercraft.
duties of the insurer and the insured. The same as
the CPP Conditions form. Exclusions:
Mysterious disappearance
Inland Marine Coverage Forms Shortages found at inventory
Water damage
Accounts Receivable Loss caused by artificially generated current
Covers amounts due the insured that are not
collectible from customers because of direct Installation Floater
physical loss to accounts receivable records because Covers machinery and equipment that are to be
of fire or other insured perils. installed in a building while in-transit and while
being installed. Further coverage on this floater may
Bailee's Customer vary with individual companies.
Covers damage to or loss of a customer's goods
regardless of the Bailee's (insured's) liability. Some floaters, for example, include coverage for
Businesses such as laundries or dry cleaners would collapse of a building or structure, which is a
have need of Bailee's customer coverage. definite plus, particularly for contractors involved in
the repair or refurbishing of television or
Commercial Articles communication towers. Some floaters also provide
Covers cameras, musical instruments, projection coverage for testing, debris removal, pollution
machines, film and related equipment and cleanup, and soft costs, such as:
accessories of others while in the insured's care, delay in completion of work,
custody and control being used for a commercial or loss of use, and
professional purpose. extra expenses.

At what point coverage ends under an installation


floater also is an important consideration. It is not

53 CPMI Professional Development, Inc.


unusual for coverage to end when construction by Transportation Coverages
others continues for long periods.
Inland marine policies also contain transportation
Jeweler's Block coverages for those firms that carry cargo or
Covers a jeweler's stock consisting mainly of merchandise from one location to another.
jewelry, precious and semi-precious stones, precious
metals and alloys, and similar property of others in Common Carrier Cargo Liability
the insured's care custody and control. This Also known as Transit Coverage policies, common
includes that which is held for sale, on exhibit, in carrier cargo liability policies cover legal liability
transit by common carrier, or that which is in the for damage to goods the carrier carries with only a
custody of an outside salesperson. few exceptions, those being acts of God and acts of
a public enemy (war). Order of public authority
Claims are settled for the lesser of: could also exclude liability if the authority were to
actual cash value cause problems with roads or dams that cause the
cost to restore to prior condition ruin of the cargo.
immediately before the loss
cost to replace the property
Neglect of the Shipper
the lowest figure in the insured's books and Excludes the carrier from liability in the event the
records showing the property's value. shipper did not pack the cargo well.
Sentimental, antique, or historic value is not
Inherent Vice
considered in claim payment.
A characteristic of the merchandise to destroy itself,
Coverage is suspended if protective
such as the spoilage of fresh fruits and vegetables.
safeguards such as security alarms that are
required in the policy are not in active
working order. Coverage resumes when the Motor Truck Cargo Forms
devices are working again. Forms exist for truckers, shippers, and owners. The
The insured must take inventory every 12 standard form to insure a carrier's liability is the
months detailing purchases, sales records, Motor Truck Cargo Policy-Trucker's form, and it is
and keep the records for 36 months after the usually written on a named-peril basis. It pays
policy ends. damages only when the trucker is legally obligated
to pay.
Signs
Covers the insured's signs and similar property of Transit Coverage Forms
others in the insured's care, custody and control. Inland marine coverage on the insured's property
while in transit over land from one location to
another. These forms can cover property on either
Camera & Musical Instrument Dealers an Annual or a Specific Trip Transit policy.
Form
Covers the insured's merchandise of cameras and Released Bills of Lading
musical instruments and related or similar A means by which carriers attempt to limit their
equipment of others in the insured's care, custody, liability by specifying a maximum amount for
and control. which the carrier will be held liable. The carrier
often charges a lower rate to those shippers who
Valuable Papers and Records accept the limitation and a higher rate to those who
Covers such items as deeds, abstracts, mortgages, do not accept it. Coverage for the owner of goods
books, manuscripts, files, maps, drawings and other being shipped by common carrier is provided under
records that are important to the continuation of the a Motor Truck Cargo Policy Shipper's Form or
insured's business, whether owned by the business under a Transit Coverage Form. The Shipper's
or the property of others in the insured's care, version of the form is a property coverage policy.
custody and control.

54 CPMI Professional Development, Inc.


EQUIPMENT BREAKDOWN COVERAGE
(Formerly known as Boiler and Machinery)

Historically, Boiler and Machinery (B&M)


coverage began with the inspection and insuring of Coverage does not include:
steam boilers and eventually expanded to include 1. valve leakage
other pressure machinery. This form of insurance 2. breakdown of structures that support the
provides important mechanical breakdown coverage equipment
generally not available under any other insurance 3. something outside the boiler exploding and
policy. A Boiler and Machinery policy can protect causing damage
an insured against the effects of catastrophic 4. losses caused while the equipment is being
property loss, such as steam boiler explosion or an tested
expensive breakdown of machinery and equipment. 5. loss to adjoining property.
It can also protect against the loss of earnings or
income while machinery is being repaired. Today,
Equipment Breakdown coverage includes machines
Conditions
as diverse as refrigeration and air conditioning
units, deep well pumps, transformers, and turbines.
Periodic Inspection and the Suspension
Provision
Equipment Breakdown coverage policies cover A major part of the Equipment Breakdown policy
most machines and equipment used to contain still includes the insurer's periodic inspection of
pressure or generate/transmit power and which are the insured devices. The purpose of this inspection
subject to accidental breakdown that could destroy is to discover dangerous conditions before they
or damage a large part of the machine. cause an accident; the inspection does not create a
warranty for the equipment. The insurer may
Parts of an Equipment Breakdown Policy suspend coverage or cancel the policy at any time if
the equipment is found to be in bad or dangerous
The Equipment Breakdown policy consists of four
condition. This is known as the Suspension
parts:
Provision.
1. the Declarations Page
2. the Coverage Form
3. the Object Definition Form(s) Equipment Breakdown
4. any applicable endorsements. Protection Coverage Form
Coverages One or more of the Object Definition Forms must
There are three types of Equipment Breakdown be included with the policy.
policies:
1. The Standard Equipment Breakdown Pressure and Refrigeration Objects Form
policy Covers boilers, refrigeration units, piping, and air
2. Small Business Coverage Form conditioning units
3. Small Business Broad Coverage Form
Mechanical Objects Form
Equipment Breakdown policies cover losses caused Covers engines, compressors, fans and blowers,
by sudden and accidental breakdown or explosion wheels and shafting, and deep-well pumps
on a replacement cost basis.
Turbine Objects Form
Covered Property Includes both steam and water turbines

Covered property includes: Electrical Objects Form


1. any building or business personal property Covers such things as transformers and rotating
the insured owns electrical machines.
2. any property of others in the insured's care,
custody, or control or for which the insured
is legally liable.

55 CPMI Professional Development, Inc.


Comprehensive Coverage Form, Excluding year in order to qualify for this coverage. Form BM
Production Machinery 15 31 Business Income-Report of Values may be
Defines all Equipment Breakdown objects that can provided to the insured as a means of reporting this
be covered, except for production machinery. information.
Business Interruption, Actual Loss
Comprehensive Coverage Form, Including Sustained Endorsement-Covers the actual
Production Machinery loss of business income as the result of an
Defines all Equipment Breakdown objects that can accident to a covered object, including extra
be covered, including production machinery expense to reduce or prevent the
interruption.
Object definition forms are endorsed onto the Business Interruption, Valued Coverage
standard Boiler and Machinery form, but are Endorsement-Pays a specified amount for
included in both Small Business Equipment each day the business interruption continues
Breakdown coverage forms.
Selected Endorsements Actual Cash Value
For damaged property not repaired within 18
months of the accident (unless previously agreed to
Business Income - Report of Values in writing by the insurer) claim payment will be for
Business income is income received for products the lesser of the:
sold or for services rendered. 1. cost it would have taken to repair OR
2. the property's Actual Cash Value at the
Business Interruption-Insureds must report net time of the accident.
annual sales and other earnings, and profits each

FARM COVERAGE
While there are still some small family farms in the
United States, most farming done today is big Coverage C Household personal
property
business. Farmers usually need coverage for their
home and personal property as well as for their farm Loss of use
business operations. Aside from a farm dwelling, Coverage D (Additional living
most farms also have a large investment in land, expenses or fair rental
other buildings, and farm equipment that need value)
insurance protection.
Coverage E Scheduled farm
personal property*
Farm Property Coverage Forms Coverage F Unscheduled farm
personal property*
The Farm Property coverage form is similar to that
of a Homeowners Policy and covers buildings and Coverage G Other farm structures
personal property. The difference between the two
*Coverages E and F cover farm machinery
policy types is that business coverage is generally
whether on or away from the described
excluded from a Homeowners Policy but is included
premises. They also include coverage for
in the Commercial Farm Property Policy as
mules, swine, and sheep, but do not cover
coverages E, F and G. Each coverage is available
poultry.
only if there is a limit shown for it in the
Declarations Page of the policy.
Farm Policy Coverages Mobile Agricultural Machinery
Coverage A Dwellings and Equipment Coverage Form
Coverage B Other private Used when machinery and equipment is the only
structures exposure. Provides all-risk coverage for mobile
equipment.

56 CPMI Professional Development, Inc.


There is an 80% co-insurance clause or use of the insured location as a farm. These
Coverage is written on either a blanket or duties include the maintenance or use of the
scheduled form. insured's farm equipment. Farm employee does
Coverage is excluded for irrigation not mean any employee while engaged in an
equipment and for dishonesty of the insured insured's business.
or the insured's employees or agents.
Farming
Livestock Coverage Form This means the operation of an agricultural or
aquacultural enterprise and includes the operation of
roadside stands on farm premises maintained solely
Mainly used when livestock is the only farm
for the sale of products produced principally on
exposure, but also used if it is desirable to write
those premises. Unless specifically indicated in the
livestock coverage separately.
Declarations, farming does not include:
Written on a named-peril basis and covers death or
retail activity other than that described
destruction from 11 perils:
1. fire above or
2. lightning mechanized processing operations.
3. windstorm
4. hail Causes of loss (Basic, Broad and
5. explosions Special)
6. riot
7. collision with vehicles on public roads
The Farm policy uses the same three covered peril
except for vehicles owned or operated by
forms as other policies- the Basic form, Broad form,
the insured
and Special form, with their specific covered perils.
8. sinkhole collapse
9. volcanic action
10. vandalism Conditions
11. theft
The following conditions apply in addition to
Livestock excluded from coverage under this form common policy conditions:
include race or show animals, livestock on ranges,
and livestock being transported to, from, or while at Loss Conditions
stockyards or commercial feedlots. Bankruptcy
The bankruptcy or insolvency of the insured or of
Definitions the insured's estate will not relieve the insurer of its
obligations.
Custom farming
This is the performance of specific planting, Insured Duties In The Event Of Occurrence,
cultivating, harvesting or similar specific farming Offense, Claim, Or Suit
operations by an insured, at a farm that is not an Notice of a claim must be provided to the insurer as
insured location, when the performance is for, and soon as is possible, including
under the direction or supervision of, the owner or How, when, and where the occurrence took
operator of the farm or the authorized representative place;
of the owner or operator. However, custom farming The names and addresses of any injured
does not mean: persons and witnesses
Operations conducted at a premises rented The nature and location of any injury or
to, leased to, or controlled by an insured damage arising out of the occurrence or
Operations for which no compensation in offense.
money or goods is received
A neighborly exchange of services. If a claim is made or suit is brought against any
insured, he or she must:
Farm employee Immediately record the specifics of the
This means any insured's employee whose duties claim or suit and the date received
are principally in connection with the maintenance Notify the insurer in writing as soon as

57 CPMI Professional Development, Inc.


possible. liability signed by the insurer, the insured, and the
claimant or the claimant's legal representative.
The insured must give the insurer written notice of
the claim or suit as soon as practicable. No Admission Of Liability With Medical
Payments
In addition, the insured must: No payment we make under the Medical Payments
1. Notify the police if a law may have been provisions of Coverage J constitutes an admission
broken of liability by any insured or the insurer.
2. Immediately send the insurer copies of any
demands, notices, summonses, or legal Other Insurance
papers received in connection with the This condition applies only if, in addition to the
claim or suit insurance provided under a Coverage Form, the
3. Authorize the insurer to obtain records and insured has other insurance under any other policy
other information covering the same obligations to pay damages and
4. Cooperate with the insurer in the provide defense against suits for damages.
investigation or settlement of the claim or
defense against the suit The insurer will pay only the proportion of covered
5. At the insurer's request, assist in the damages and related defense costs that the
enforcement of any right against any person applicable Limit of Insurance under this Coverage
or organization that may be liable to the Form bears to the total amount of all your insurance
"insured" because of injury or damage to providing the same coverage, in covered
which this insurance may also apply. occurrences arising from any cause except the
ownership, maintenance, use, operation or loading
No insured will, except at that insured's own cost, or unloading of a:
voluntarily make any payment, assume any Motor vehicle
obligation, or incur any expense, other than for first Vehicle which qualifies as mobile
aid, without the insurer's consent. equipment only while used on premises the
insured owns or rents
Any injured person who makes a claim for payment Watercraft.
of medical expenses under the provisions of
Coverage J must:
Give the insured written proof of claim,
Transfer of Rights of Recovery Against Others
under oath if required, as soon as to the Insurer (Subrogation)
practicable If the insured has rights to recover all or part of any
Execute authorization to allow the insured payment the insurer has made under this Coverage
to obtain copies of medical reports and Form, those rights are transferred to the insurer. The
records insured must do nothing after loss to impair them.
Submit to physical examination by a At the insurer's request, the insured will bring suit
or transfer those rights to the insurer and help
physician selected by the insurer when and
enforce them.
as often as reasonably required.

Insurance Under Two Or More Coverages Liberalization


If the insurer adopts any revision that would
If two or more of a policy's coverages apply to the
broaden the coverage under a coverage form
same loss or damage, the insurer will not pay more
without additional premium within 45 days prior to
than the actual amount of the loss or damage.
or during the policy period, the broadened coverage
will immediately apply to the Coverage Form.
Legal Action Against the Insurer
A person or organization may sue the insurer to Representations
recover on an agreed settlement or on a final By accepting a policy, the insured agrees:
judgment against an insured, but the insurer will not 1. the statements in the Declarations are
be liable for damages that are not payable under the accurate and complete
terms of this Coverage Form or that are in excess of 2. the statements are based upon
the applicable Limit of Insurance. An agreed representations made to the insurer
settlement means a settlement and release of

58 CPMI Professional Development, Inc.


3. the insurer has issued the policy in reliance a) the transportation of mobile equipment
upon the insured's representations. by a motor vehicle owned or operated
by, or rented or loaned to, any insured
Separation Of Insureds b) the use of any self-propelled land
Except with respect to the limits of insurance, and vehicle, or mobile equipment in, or
any rights or duties specifically assigned in a while in practice or preparation for, a
coverage form to the first named insured, this prearranged racing, speed, strength, or
insurance applies: demolition contest or in any stunting
1. as if each named insured were the only activity.
named insured 9. Use of Livestock or Other Animals
2. separately to each insured against whom Bodily injury or property damage
claim is made or suit is brought. arising out of the use of any livestock or
other animal:
a) in, or while in practice or preparation
Exclusions for, a prearranged racing, speed or
strength contest, or prearranged
This insurance does not apply to: stunting activity.
1. Expected Or Intended Injury b) with or without an accessory vehicle,
2. Contractual Liability for providing rides to any person for a
3. Pollution fee or for providing rides in connection
4. Release Or Discharge From Aircraft with or during a fair, charitable
5. Aircraft, Motor Vehicle, Motorized function, or similar type of event.
Bicycle, Or Tricycle 10. Business Pursuits
6. Bodily injury or property damage: Bodily injury or property damage
a) arising out of ownership, maintenance, arising out of or in connection with a
use, or entrusting to others of any business engaged in by an insured. This
aircraft, motor vehicle, motorized exclusion applies but is not limited to an
bicycle or tricycle owned or operated act or omission, regardless of its
by or rented or loaned to any insured. nature or circumstance, involving a
Use includes operation and loading or service or duty rendered, promised,
unloading owed, or implied to be provided because
b) giving rise to vicarious liability, of the nature of the business.
whether or not imposed by law, for the 11. Custom Farming
actions of a child or minor involving Bodily injury or property damage
any aircraft, motor vehicle, motorized arising out of the insured's performance
bicycle or tricycle. of, or failure to perform, custom
7. Watercraft farming operations.
Bodily injury or property damage: (This exclusion applies only when
a) arising out of ownership, maintenance, receipts from custom farming
use, or entrusting to others of an operations exceed $5,000 for the 12
excluded watercraft. Use includes months immediately preceding the date of
operation and loading or unloading the occurrence.)
b) giving rise to vicarious liability, 12. Professional Services
whether or not imposed by law, for the Bodily injury or property damage
actions of a child or minor involving an arising out of the rendering of, or failure
excluded watercraft. to render, professional services.
Excluded watercraft are those that are 13. Rental of Premises and Ownership or
principally designed to be propelled by Control of Premises
engine power or electric motor or are Bodily injury or property damage
sailing vessels, whether owned by or arising out of:
rented to an "insured". a) an act or omission in connection with
8. Mobile Equipment any location (other than an insured
Bodily injury or property damage location) that is rented to, or owned or
arising out of: controlled by, the insured.

59 CPMI Professional Development, Inc.


b) The rental or holding for rental of an loss of use, withdrawal, recall, inspection,
insured location. repair, replacement, adjustment, removal or
14. Communicable Disease disposal of the insured's:
15. Workers Compensation or Similar Law a) product
16. Employers Liability b) work
Bodily injury sustained by: c) impaired property
a) any employee (other than a residence if such product, work, or property is
employee) as a result of his or her withdrawn or recalled from the market or
employment by the insured from use, by any person or organization
b) any residence employee, unless the because of a known or suspected defect,
employee makes a written claim or deficiency, inadequacy or dangerous
brings suit no later than 36 months after condition in it.
the end of the policy period 24. Sexual Molestation, Corporal
c) the spouse, child, parent, brother or Punishment Or Physical Or Mental
sister of any employee as a Abuse
consequence of bodily injury to that 25. Controlled Substances
employee. 26. Personal Injury
This exclusion applies whether the
insured may be held liable as an Limits
employer or in any other capacity and to
any obligation to share damages with or 1. The Limits of Insurance shown in the
repay someone else who must pay Declarations and the provisions below fix
damages because of the injury. the most the insurer will pay regardless of
17. Building / Structure Under Construction the number of:
Bodily injury arising out of any a) insureds
premises on which a building or b) claims made or suits brought
structure is being constructed. c) persons or organizations making claims
The only exception to this exclusion is in or bringing suits
an occurrence of bodily injury sustained 2. The General Aggregate Limit is the most
by: the insurer will pay for the sum of:
a) persons who are not insureds a) damages under Coverage H and
b) residence employees of an insured Coverage I.
arising out of or in the course of their b) medical expenses under Coverage J.
employment. 3. The Each Occurrence Limit is the most the
18. Bodily Injury to An Insured insurer will pay for the sum of:
19. Damage to Property a) damages under Coverage H
20. Damage to Your Product b) medical expenses under Coverage J
21. Damage to Your Work because of all bodily injury and property
22. Damage To Impaired Property Or Property damage arising out of any one occurrence.
Not Physically Injured
Property damage to impaired property or All bodily injury and property damage resulting
property that has not been physically from any one accident or from continuous or
injured, arising out of: repeated exposure to substantially the same general
a) a defect, deficiency, inadequacy or harmful conditions will be considered to be the
dangerous condition in your product or result of one occurrence.
the insured's work
b) a delay or failure by the insured or Included within the Each Occurrence Limit is a
anyone acting on his or her behalf to special Limit of Insurance of $10,000, which is the
perform a contract or agreement in most the insured will pay for all covered damages
accordance with its terms. that the insured becomes legally obligated to pay
23. Recall of Products, Work, or Impaired because of statutorily imposed vicarious liability for
Property the actions of a child or minor.
Damages claimed for any loss, cost or
expense incurred by you or others for the

60 CPMI Professional Development, Inc.


Additional Coverages Structures and Household Personal Property
Liability coverage
As with other real property policies, farm policies
also include coverages for such things as:
Debris removal Farm Umbrella Coverage
Fire department charges An umbrella policy adds additional liability or
Cost to restore farm records excess coverage for $1 million or more, over and
Limited coverage For Fungi and Bacteria above the basic liability limits of an underlying
for Property, Farm, Dwellings, Appurtenant policy.

61 CPMI Professional Development, Inc.


SECTION V - COMMERCIAL PROPERTY POLICY REVIEW QUESTIONS
1. If the insured desires coverage for business did not pack the cargo well?
continuation at another location while a) Motor Truck Cargo-Shipper's form
repairs from a covered loss are being b) Neglect of the Shipper
completed, they should purchase which of c) Inherent vice
the following coverages? d) Released Bills of Lading
a) Business Income
b) Commercial Property 7. An insured's air conditioning unit would be
c) Extra Expense covered under which of the following
d) No coverage is offered for indirect Object Definition Forms?
losses. a) Mechanical Objects
b) Turbine Objects
2. Which of the following is NOT an optional c) Pressure and Refrigeration Objects
part of a Commercial insurance policy? d) Electrical Objects
a) Commercial Policy Conditions
b) Commercial Property 8. WE R Growing, Inc. recently bought an
c) Commercial General Liability additional building. How much coverage is
d) Boiler & Machinery automatically extended to the new building
on their Commercial Property coverage
3. Boiler & Machinery coverage covers all of form?
the following except: a) Up to 10% of the Commercial
a) deep well pumps. Buildings amount
b) periodic inspections of the insured b) Up to 50% of the Commercial
devices. Buildings amount
c) transformers. c) Up to $100,000
d) loss caused while the unit is being d) Up to $250,000
tested.
9. Farmers can insure their crops through all
4. Showplace Windows has large plate glass of the following EXCEPT:
windows to show off its merchandise and a) crop hail insurance.
has only the Commercial Property coverage b) unscheduled farm property insurance.
form. How much will the insurer pay if the c) the FCIC.
glass is damaged by fire? d) multi-peril crop insurance.
a) $100/pane with a maximum of $500
b) $100/pane with no limit to the 10. Krismis Goodies has increased merchandise
aggregate amount in stock in November and December of
c) The full amount of the loss each year. What coverage would give them
d) $0--no glass coverage unless the the best coverage for their stock during this
insured purchased a Glass Coverage period of time?
Form policy a) Commercial Property
b) Peak Season
5. If the insured works on the property of c) Value Reporting
customers that it holds in its premises, d) Personal Effects
which of the following would BEST protect
the insured against damage to the 11. Which of the following is protected under
customer's property? the Inflation Guard provision of the
a) Personal Article Floater Commercial policy?
b) Bailee's Customer a) Seasonal stock variations of up to 25%
c) Commercial Articles b) Increases in building valuation of up to
d) Contractor's Equipment 10% per year
c) Increases in the insured's stock value
6. Which of the following would exclude a due to the purchase of an additional
carrier from liability in the event the shipper facility

62 CPMI Professional Development, Inc.


d) Guaranteed replacement cost of the
insured merchandise.

63 CPMI Professional Development, Inc.


Section VI - Business Owners Policy (BOP)
CHARACTERISTICS AND PURPOSE
Why Needed? are no more than six stories and have
Commercial package policies are designed for large less than 100,000 square feet of floor
businesses. They cover a wide variety of risks and space
options that may occur with business changes and may contain apartments and certain
growth. Smaller businesses do not meet the wholesale, service, or processing
eligibility requirements of the Commercial Package incidental occupancies that do not
Policy, nor do they have the need for many of the exceed 25,000 square feet
coverages, yet these small businesses have special restaurants (such as delis, cafes, pizza
needs that must be met. parlors, etc.) limited to fast food types up to
7,500 square feet-beer and wine sales (only)
What is a BOP? are permitted but limited to25% of gross
The Business Owners Package Policy, or BOP, is sales
for smaller businesses and is primarily designed for convenience stores with gasoline pumps
small, one-location risks. They are commercial gas sales are limited to 75% of gross
package policies that provide both property and sales
liability coverage to certain types of small no auto services, restaurant, or propane
businesses. It is a package of coverages that will or kerosene dispensing is permitted
serve the needs of most small businesses. laundries and dry cleaners
Employing the homeowners approach, the BOP motels not exceeding three stories and not
provides extensive building and business personal including a bar or a lounge
property coverages and broad liability insurance. It contractors-carpenters, electricians,
is unique in that it basically includes coverage for painters, plumbers, etc.
loss of earnings, due to insured hazard, on an self-storage facilities (excluding industrial
actual loss sustained basis. storage) not exceeding two stories

Eligible Businesses Ineligible Businesses


Insurers consider a number of factors when deciding Certain categories of risks are ineligible for
to write BOPs, including: Business Owners policies. They include the
1. the type of business following:
2. the size of the premises large premises operations
3. the required limits of liability businesses whose majority of operations are
4. the extent of offsite activity conducted off-premise
automobile-type businesses-dealers,
Premiums for BOP policies are based on business garages, repair shops, parking lots, etc.
location, financial stability, building construction, places of amusement
security features, and fire hazards in addition to the bars, grills, and restaurants (unless within
above factors. eligibility guidelines)
Risks covered by the BOP include the following: financial institutions
businesses with fewer than 100 employees manufacturing or processing risks (unless
and less than $1 million in revenue within eligibility guidelines)
apartment buildings that may also contain one or two family dwellings
offices and certain service and mercantile household personal property
occupancies high risk or highly specialized operations
eligible office buildings for the BOP 2002 businesses that require higher liability limits
are those that- than those offered in a BOP.
are principally for office purposes

64 CPMI Professional Development, Inc.


BUSINESS OWNERS POLICY (SECTION I) PROPERTY
Coverages and 15 others:
1. Wear & tear
2. Rust, corrosion, fungus, decay,
BOP Policy/Cause of Loss Forms and deterioration, and hidden or latent defects
Coverages 3. Smog and other pollution
1. Standard Form (Named peril) 4. Settling, cracking, or expansion
Covered losses include: 5. Damage from birds, insects, rodents or
Fire animals
Lightning 6. Dishonest or criminal acts of the insured or
Explosion his employees
Windstorm or hail 7. Voluntary parting with property through
Aircraft and Vehicles fraud
Riot or civil commotion 8. Rain, snow, sleet, or ice damage to personal
Vandalism and Malicious Mischief property that is not in a building
Sprinkler leakage 9. Collapse
Sinkhole collapse 10. Faulty planning, workmanship, or repair
Volcanic action 11. Smoke, vapor, or gas
Transportation damage to property in 12. Frozen plumbing
transit 13. Weather conditions that contribute to
2. Special Form (Open-peril/All-risk) causing a loss
14. Loss resulting from acts or decisions or the
Exclusions failure to act or decide
15. Consequential losses caused by delay, loss
of use, or loss of market.
BOP Standard Form Exclusions (13)
1. Ordinance or law
2. Earth movement Deductibles
3. Government action
4. Nuclear hazard The standard deductible on the BOP is $500, but
5. Utility failure occurring away from the other deductibles may be chosen.
insured's premises
6. War
7. Water, such as flood and sewer backup
Loss Conditions
8. Artificially generated electrical current
Unless a dollar limit has been specified in the
9. Water pipe rupture or bursting
declarations, business income or loss of income
10. Leakage or discharge of water or steam
coverage provided by a business owners policy
caused by breakdown of water or steam
basically covers the actual loss sustained by
system or appliance, or mechanical
interruption of operations during the period of
breakdown
restoration that occurs within 12 consecutive
11. Consequential loss that causes extra
months following the date of direct physical loss or
expenses or increases in loss of income
damage. Co-insurance does not apply.
12. Failure of computers to recognize a
particular date or time (i.e. the year 2000).
BOP policies cover extra expenses the insured
13. Loss to valuable papers, records and
incurs following a loss, and this helps the business
accounts receivables due to the insured's
resume normal business activities. It also means
dishonest or criminal acts
that less pure income is needed for the use of
employees.
BOP Special Form Exclusions Major insurers use all-purpose time element
The BOP Special Form is an all-risk policy and forms (a product that addresses business
covers any risks that are not listed as exclusions. interruption underwriting problems and loss
Exclusions include the standard form exclusions experience) to provide the earnings protection

65 CPMI Professional Development, Inc.


needed by most businesses, eliminating a number of Policy Period, Coverage Territory Condition
forms previously used for the purpose. As an A loss must occur during the policy period and in
automatic feature, this business income insurance the policy's coverage territory of the U.S. or its
includes rental value coverage by virtue of territories, Puerto Rico or Canada in order to be
generalization of terms and extra expense coverage, covered.
without monthly limits. These forms are designed
for the vast majority of businesses for which
earnings loss is the primary time element risk.
Optional Coverages
The following are included in the BOP, but only
General Conditions apply if particulars are noted in the Declarations
page and extra premium is paid:
BOP conditions consist of: Outdoor signs
policy cancellation or changes Exterior Glass
concealment Interior Glass
misrepresentation or fraud Employee Dishonesty
insurer's right to examine company records Mechanical Breakdown
and to hold inspections and surveys Burglary and Robbery
policy liberalization procedures Money and Securities
premium amounts
subrogation BOP Additional Coverages
other insurance provisions (Subject to policy limits)
Debris removal
Inflation Guard Provision Property preservation
Increases building coverage by 8% each year. Fire department service charge
Business Personal Property can be increased Loss of business income and extra expense
by up to 25% to provide for seasonal stock Pollutant cleanup and removal
variations. Order of civil authority
Money order and counterfeit currency
The Control of Property Condition Forgery and alteration
States that a negligent act of someone
beyond the insured's direction or control BOP Extended Coverages
will not affect coverage. Personal property at a newly acquired
If the insured violates contract conditions at premises: up to $10,000 coverage
one location, coverage to other locations Personal property off-premises (i.e., at a
will not be affected. storage facility): up to $5,000 coverage
Outdoor property up to $1,000 coverage
Legal Action Against the Insurer Provision with a $250 limit for any one tree, shrub or
Limits the insured's right to bring action against the plant
insurer for damages to two years if the insured has Valuable papers and records: up to $1,000
complied with policy conditions and the insurer has coverage
not indemnified the insured for direct physical loss.

66 CPMI Professional Development, Inc.


BUSINESS OWNERS POLICY (SECTION II) - LIABILITY
Business Liability caused by breakdown of water or steam
system or appliance, or mechanical
breakdown
Business Liability-$300,000 limit
Consequential loss that causes extra
Medical Expense-$5,000 limit per person
expenses or increases in loss of income
Fire-Legal Liability-$50,000 limit
Failure of computers to recognize a
Policy Aggregate Limit-Two times the
particular date or time (i.e. the year 2000).
business liability and medical expense
Loss to valuable papers, records and
liability limit for all damages or injuries that
accounts receivables due to the insured's
happen during the policy period.
dishonest or criminal acts
Products and Completed Operations liability is
separate from other liability limits. BOP Special Form Exclusions
The BOP Special Form is an all-risk policy and
covers any risks that are not listed as exclusions.
Exclusions include the standard form exclusions
Medical Expenses and 15 others:
1. Wear & tear
Medical Expenses have a $5,000 limit per person. 2. Rust, corrosion, fungus, decay,
deterioration, and hidden or latent defects
Conditions 3. Smog and other pollution
4. Settling, cracking, or expansion
Like those of the CPP, BOP conditions consist of: 5. Damage form birds, insects, rodents or
policy cancellation or changes animals
concealment 6. Dishonest or criminal acts of the insured or
misrepresentation or fraud his employees
insurer's right to examine company records
7. Voluntary parting with property through
and to hold inspections and surveys fraud
policy liberalization procedures
8. Rain, snow, sleet, or ice damage to personal
property that is not in a building
premium amounts
9. Collapse
subrogation
10. Faulty planning, workmanship, or repair
other insurance provisions.
11. Smoke, vapor, or gas
12. Frozen plumbing
Exclusions 13. Weather conditions that contribute to
causing a loss
BOP Standard Form Exclusions 14. Loss resulting from acts or decisions or the
Ordinance or law failure to act or decide
Earth movement 15. Consequential losses caused by delay, loss
Government action of use, or loss of market.
Nuclear hazard
Utility failure occurring away from the Definitions
insured's premises
War Insured
Water, such as flood and sewer backup The business, its owner(s) and employees acting in
Artificially generated electrical current the course of employment and under the direction of
Water pipe rupture or bursting the company are considered insureds under a BOP.
Leakage or discharge of water or steam

67 CPMI Professional Development, Inc.


BUSINESS OWNERS POLICY (SECTION III) - COMMON POLICY CONDITIONS
BOP Cause of Loss Form & Coverages
1. Standard Form (Named peril) Selected Endorsements
Covered losses include:
Fire
State Changes
Lightning
If a state's requirements differ from the policy
Explosion
wording or change during the policy period, the state
Windstorm or hail regulations take precedence. The policy changes to
Aircraft and Vehicles meet the state regulation, whether the written policy
Riot or civil commotion is changed or not. This is automatically included on
V&MM policies.
Sprinkler leakage
Sinkhole collapse Protective Safeguards
Volcanic action Rather than a coverage in itself, the Protective
Transportation damage to property in Safeguards endorsement lists the protective devices
transit or services the insured must maintain as a condition
2. Special Form (Open-peril/All-risk) for coverage. The insurer will not pay for loss if the
insured failed to keep the protective safeguard in
BOP Additional Coverages working order or if he didn't notify the insurer the
Subject to policy limits, but includes: device was not working properly.
Debris removal
Property preservation The following device classifications apply:
Fire department service charge 1. P-1 Automatic Sprinkler System
Loss of business income and extra expense 2. P-2 Automatic Fire Alarm System
Pollutant cleanup and removal 3. P-3 Security Service
Order of civil authority 4. P-4 Service Contract for a privately owned
Money order and counterfeit currency fire department
Forgery and alteration
Utility Services-Direct Damage
BOP Extended Coverages Replacement Cost Coverage
Personal property at a newly acquired Covers loss or damage to scheduled property caused
premises: up to $10,000 coverage by an interruption in water, communication or power
Personal property off-premises (i.e., at a service. The cause of the loss must be one of the
storage facility): up to $5,000 coverage policy's covered perils.
Outdoor property up to $1,000 coverage
with a $250 limit for any one tree, shrub or Utility Services-Time Element Coverage
plant Covers loss of business income and extra expense
Valuable papers and records: up to $1,000 that occurs as a result of utility service interruption.
coverage Again, the cause of loss must be one of the covered
perils.

68 CPMI Professional Development, Inc.


BOP Eligible Wholesale/Distributor Risks

Auto parts and supplies Fruits & vegetables Jewelry


Baked goods (no baking on premises) Gardening and light farming supplies Meat, fish, poultry & seafood
Barber/beauty shop supplies Groceries Office machines &
appliances
Bookbinding and printers' supplies Hardware and tools Optical goods
Clothing/wearing apparel Hearing Aids Plumbing supplies & fixtures
Coins, stamps & rare books Heating/heating & air conditioning Refrigeration equipment
equipment
Drugs Hobby, model maker and artist supplies Stationery & paper products
Fabrics Household appliances Tobacco
Floor coverings Janitorial supplies Toys
Wholesale florists

BOP Eligible Processing or Service Businesses


Commercial or Household appliances Laundries & dry cleaning stores using Printing
and accessories installation, service, petroleum or synthetic solvents (3 or
or repair fewer receiving stations)
Bakeries with baking on premises Laundries and dry cleaning or dyeing Tailoring/dressmaking establishments
receiving stations
Barber shops Funeral homes/chapels Shoe repair
Beauty shops & hairstyling Lithographing Taxidermists
Dental labs Mailing or addressing companies TV or radio receiving set installation
or repair
Engraving Photocopy services Watch, clock, jewelry repair

Restaurants
Certain fast food and limited-cooking restaurants (No appliances that emit smoke or grease-laden vapors)
Cafes Donut shops Oriental/ethnic restaurants
Caf-style buffets Drive-ins Pizza shops
Coffee shops Drugstores Salad bars
Concession stands Hot Dog & Hamburger stands Take-out only restaurants
Delis/sandwich shops Ice cream/yogurt shops

Small Contractors
(Annual sales less than $3 million, Annual payroll under $300,000) that meet certain requirements.
Appliances & accessories Glass & glazing Plastering or stucco work
Carpentry Heating and/or air conditioning Plumbing (non-industrial)
Carpet & furniture cleaning Interior decorating Refrigeration systems
Concrete construction Landscape gardening Roofing
Decorative or artistic metal Lawn sprinkler installation Septic tank cleaning
erection
Driveway, parking area or Masonry Siding installation
sidewalk paving
Electrical work- Inside Metal ceiling/wall installation Sign painting
Fencing Metal door, window or assembled Tile or stone work (interior)
millwork installation
Floor covering installation Painting Window cleaning--up to 3 stories high
Furniture or fixture Paper hanging
installation

69 CPMI Professional Development, Inc.


SECTION VI - BUSINESS OWNERS POLICY REVIEW QUESTIONS
1. A Standard Form coverage offered on a 5. How long a period does an insured have to
BOP policy that is not covered on an HO-2 bring a lawsuit against an insurer for failure
policy is: to provide payment for a covered loss?
a) lightning a) One year
b) fire b) Two years
c) sprinkler leakage c) Three years
d) riot or civil commotion d) There is no time limit.

2. The Common Policy Conditions of the BOP 6. The Protective Safeguard does not require
contains all of the following EXCEPT: that the insured keep which of the following
a) co-insurance in working order:
b) concealment a) Automatic sprinkler system
c) fraud b) Security system
d) subrogation c) Automatic Fire Alarm system
d) Security Cameras at all entrances
3. All of the following are covered under the
BOP's extended coverages area EXCEPT: 7. Chloe's Rent A Storage Unit facility was
a) $9,000 personal property at a newly broken into and had some furniture was
acquired location. stole from their office valued at $3,900. If
b) $3,000 of personal property being they have the BOP standard deductible,
stored at an off-location unit. how much will the insurer cover?
c) $750 for the replacement of a Maple a) $250
tree. b) $3,590
d) $1,000 for replacement of valuable c) $3,400
papers destroyed by a covered peril. d) $3,900

4. Which of the following is NOT covered by 8. Gas sales are limited to what percent of of
a BOP form? gross sales?
a) Apartment buildings a) 75%
b) A 9-story office building b) 100% in New Jersey
c) A 90,000 sq ft office building c) 33%
d) Apartment buildings with a few small d) 80% in Alaska
retail stores located therein

70 CPMI Professional Development, Inc.


Section VII - Other Coverages and Options
AVIATION INSURANCE
Aircraft liability coverage is essentially the same as lightning and explosion in flight, and excluding
the coverages in an Auto Policy. The two main crash or collision.
aviation coverages are the Aircraft Hull and Aircraft
Liability policy forms. Aircraft Liability
Aircraft Hull Coverage for the insured in the event of the
insured's negligent acts and/or omissions result in
Hull insurance can be either all-risk for both on the losses in connection with the use, ownership, or
ground and in-flight, or it can be written as all-risk maintenance of aircraft.
on the ground and limited to only the perils of fire,

OCEAN MARINE INSURANCE


Ocean Marine policies are valued policies. In the itself and is written on a modified all-risk basis. It
event of a total loss, the entire face amount is includes a running-down clause that also protects
payable without regard for depreciation. against liability caused by damage to other ships.

Provides property and liability coverage for all Cargo Insurance


types of vessels and on their cargoes. Protects the owner of the cargo from loss due to
destruction.
Major Coverages
Freight Insurance
Hull Insurance Indemnifies the ship owner from loss of income that
Protects the ship owner against damage to the ship would have been earned had the ship completed its
voyage.

NATIONAL FLOOD INSURANCE PROGRAM


(NFIP)

Losses caused by storms, earthquakes, and other


natural disasters can cover large areas and impact
Write Your Own versus
large portions of the population. Aside from the Government Flood Insurance
devastation to the population, insurance company Policies
resources and capabilities can be stretched too thin
to handle the claims resulting from such losses. In Flood insurance protection is offered exclusively by
such cases the government may step in to help the National Flood Insurance Program and is both
mitigate damages. Flooding is one such loss that administered and underwritten by the federal
the federal government has deemed too large for government (FEMA- the Federal Emergency
private insurance companies to handle. Management Association). Some insurers sell the
policy on their own paper or letterhead as they do
Loss caused by flooding is excluded from coverage any of their other policies. This is called "Write
in all fire/property policies. Your Own" flood insurance, but it is actually
covered through the federal government's program.
Flood insurance can be purchased directly from the

71 CPMI Professional Development, Inc.


NFIP or from any licensed broker. 3. Structures that are mainly containers or
storage units such as gas or liquid storage
Eligibility tanks (silos, grain storage buildings, and their
contents can be covered).
Flood Plain Determination and NFIP
Qualification Coverages
Local municipal or county governments must apply
Damage from high waters
to the federal government for inclusion in the
National Flood Insurance Program (NFIP), and Damage caused by subsidence or erosion
there must be proper zoning, land use laws, and from high waters
building use laws in place. A FIRM map will be Damage from unusual accumulations and
designed to show eligible property zoning. surface runoff

Once an area is determined to be part of a flood Only one building can be insured per policy.
plain, lenders must require flood insurance on any Multiple buildings mean multiple policies.
loan they process for buildings located in that area.
This provision helps the government to maximize Limits
the amount of premiums received to help fund the
plan. Property owners who do not buy flood When a community first applies for NFIP coverage,
insurance are not eligible for full disaster relief a basic coverage maximum limit is set under the
funding in the event of a loss. Emergency Program. The Flood Insurance Agency,
or FIA, then conducts a detailed study of the area
Eligible Properties and the plans set forth by the community. The FIA
Most walled and roofed buildings that are fixed to a issues a detailed Flood Insurance Rate Map (FIRM)
permanent site and are mainly above ground are that establishes flood zones and rates for the area.
eligible properties. Only after this process does the community enter
the NFIP's regular program with increased
coverages.
Non-Eligible Properties
1. Underground structures and equipment such
Note: There is a standard deductible of $1,000 for
as wells and septic tanks
property insured under the NFIP, post-FIRM, or
2. Newly constructed buildings that are in, on,
after the rating map is developed. It is $2,000 pre-
or above the water
FIRM

Flood Coverages
Emergency Program Regular Program
Buildings
Single Family $35,000 $250,000
2-4 Family Dwelling $35,000 $250,000
Other Residential $100,000 $250,000
Non-residential $100,000 $500,000
Contents
Residential $10,000 $100,000
Non-residential $100,000 $500,000

72 CPMI Professional Development, Inc.


OTHER POLICIES
Boatowners Liability arising from use of the boat.

Boats and yachts can be insured either as an These policies are covered in more depth in the
extension on a Homeowners policy or on a separate Casualty section.
policy. Coverage included is for:
Damage to the boat, including hull and Difference in Conditions
propeller damage caused by collision either
while in the water or while the boat is being Difference in Conditions covers, to a specified limit,
transported. any cause of loss that leaves the property in a
Theft. different condition than it was before, excluding fire
and extended coverage perils.

RESIDUAL MARKETS INCLUDING FAIR PLANS


Some areas, usually urban, are at high risk for inspections and investigations
insurance claims due to increased probability of riot the furnishing of loss and expense statistics
or other criminal activity, so many insurers reduce or other information
or stop writing insurance in these areas. To make or conducting research.
insurance available to these areas, the federal
government made riot reinsurance available through Eligibility
the National Insurance Development Fund in the Properties must be located in specific areas.
Urban Property Protection and Reinsurance Act of They must be an insurable risk, i.e., they need
1968. This is operated through the federal to be structurally sound.
government's Department of Housing and Urban The owner must have made an attempt to
Development, but is administered by the states. obtain insurance through normal markets and
been refused coverage.
Also called joint underwriting pools, joint
reinsurance pools, the assigned risk pool or the How it Works
insurance pool, most states administer the program 1. First a proposed insured applies for coverage
in a similar manner and require that all insurers through standard carriers and is turned down.
which offer property insurance in their state be 2. Next the applicant applies for insurance through
required to participate in the pool, to the proportion the pool by applying to any property insurance
of their market share of gross premiums written in agent or broker.
the state. Check specifics in your state-specific 3. Then the agent submits the application to the
books. state program and representatives of the state
program inspect the property and determine the
Joint Underwriting/Joint structural soundness and occupancy of the
Reinsurance Pool building.
4. If the risk meets certain state determined
standards, the policy will be assigned to one of
Insurers in these pools cooperate with each other in
the standard insurers who must accept the risk
the making of:
as a condition to continue to do business in the
rates
state. The state also determines the rules under
rating systems which a company may refuse a risk assigned
policy forms under the plan.
underwriting rules
surveys

73 CPMI Professional Development, Inc.


MINE SUBSIDENCE INSURANCE
Mine Subsidence Insurance is coverage for loss some of these old abandoned mines.
caused by the movement of land underneath a Mine subsidence may be added by endorsement.
property.
In certain areas where mines have been prevalent,
Mine subsidence is particularly common in areas mine subsidence is automatically added to the
where mining is active, or once was active and has policy unless specifically rejected by the policy
subsequently closed operations. Builders move into owner.
the area and begin construction that may be over

FEDERAL CROP INSURANCE AND THE RMA


Crop insurance is coverage for crops in the case of crop insurance.
loss or insured perils, including hail, lighting, 3. Multi-Peril Crop Insurance (MPCI)-
freezing, fire and wind. Basically the same insurance as FCIC
insurance but is written and serviced by
There are three main types of crop coverages: private insurers and reinsured by those
1. Crop Hail Insurance-Issued for only one companies through the FCIC.
season at a time and covers the marketable
portion of the crop against damage from Risk Management Agency
hail, fire, lightening and wind. Some state
require that the perils of freezing and frost (RMA)
be covered as well.
2. Federal Crop Insurance Corporation A program under the USDA, the RMA provides
(FCIC)-Federal crop insurance has existed insurance for over 100 types of crops.
in many forms since 1938. The Federal Federal crop insurance policies usually consist of:
Crop Insurance Act of 1980 established a the Common Crop Insurance Policy
federal all-risk program. It is an agency of specific crop provisions
the U.S. Department of Agriculture and policy endorsements
provides coverage against natural disasters. special provisions
Farmers can apply for coverage directly
through the FCIC or purchase multi-peril

74 CPMI Professional Development, Inc.


SECTION VII - OTHER COVERAGES AND OPTIONS REVIEW QUESTIONS
1. The captain of a ship directed his crew to 5. The maximum amount a single-family
throw stowed merchandise overboard in bad residence can be assured under the NFIP is:
seas to save the ship. Which Ocean Marine a) $ 35,000.
policy would indemnify the merchandise b) $100,000.
owner for his loss? c) $185,000.
a) Hull insurance d) $250,000.
b) Freight insurance
c) Cargo insurance 6. Hull insurance can be:
d) Protection and Indemnity a) All risk on the ground
b) All risk in-flight
2. Which of the following is NOT excluded c) Both A and B
from coverage by flood insurance? d) 50% coverage
a) Septic Tanks
b) Corn silos 7. Freight Insurance indemnifies the ship
c) A new rental unit built on top of a dam owner from loss of income that would have
d) A gasoline storage tank on a farmer's been earned:
field a) If the ship owner could have made a
15% profit.
3. FAIR plans are: b) If the ship had completed its voyage.
a) mandated and administered by the c) If the ship only sails in the Pacific.
federal government. d) If the ship owner only owns the one
b) mandated and administered by ship.
individual state governments.
c) mandated by the NAIC and 8. Multi-Peril Crop Insurance is similar to
administered by the state governments. what other type of insurance?
d) mandated by the federal government a) Crop Hail Insurance
and administered by the state b) FAIR Plan
governments. c) Federal Crop Insurance Corporation
d) Homeowners Insurance
4. Juan and Katy's home is built in an area
where mines were dug years ago. The
mines have long since been closed, but
there is the possibility that homes built in
the area may be built over one of these
abandoned mines. What coverage should
Juan and Katy purchase to protect their
home from the risk of sinking into one of
these abandoned mines?
a) Mine subsidence coverage
b) HO-5 Comprehensive coverage
c) Earthquake coverage
d) Sinkhole coverage

75 CPMI Professional Development, Inc.


ANSWERS TO REVIEW QUESTIONS
Section I - General Insurance
1) D. Because of the Law of Agency, the acts of the 3) C. Mutual insurers are owned by policyholders
agent are legally considered to be the acts of the who share profits through dividends.
insurance company.
4) B. Membership in Fraternal Benefit Societies is
2) A. Frank no longer owned the car and so did not based on religious, ethnic, or national lines, and
have a financial interest in the car. insurance is only sold to members or their families.

Section II - Property Insurance Basics


1) A. Buildings which have no residents or active 6) C. The Conditions section lists the insured's
business for more than 60 days are considered responsibilities both at the time of application
unoccupied. Because Chris left property at the (truthful representations in the application and
house, it is not considered vacant. payment of premium) as well as at the time of loss
(notice of and proof of loss).
2) D. Exclusions list the property, perils, and other
hazards not covered by the policy or which have a 7) B. The subrogation clause gives the insurer the
reduction of coverage in the policy. right to pursue any course of action in its own name
or the name of a policy owner against a third party
3) A. The Declarations section contains the Who? who is liable for a loss that has been paid by the
(identifies the insureds and the insurer's name & insurer. This clause prevents the insured from
address), the What? (identifies the real and personal collecting from both his insurer and a third party.
property insured), the Where? (identifies the
territory covered by the policy), the When? 8) C. The standard fire policy perils are fire,
(identifies the policy period--inception/expiration lightning, and the removal of property to protect it
dates and times), and the How much? (the amount from further damage.
of insurance coverage and the premium).
9) A. Terrorism is any act that is certified by the
4) B. The Insuring Agreement summarizes covered Secretary of the Treasury, in concurrence with the
risks, additional or supplementary coverages, and Secretary of State and the Attorney General of the
the insurer's responsibility to indemnify against United States to be an act of terrorism.
losses suffered as a result of the perils.
10) D. A vessel based principally in the United
5) C. The assignment clause states that the States, on which U.S income tax is paid and whose
insurance policy cannot be assigned/transferred to insurance coverage is subject to regulation in the
another without the insurance company's written U.S., could be considered the victim of terrorism
authorization, and an officer of the insurance and would be an insured loss.
company, not the insurance agent, must sign it.

Section III - Dwelling Policy


1) D. To be eligible for a Dwelling policy, there can chemical spill.
be a maximum of four families and five boarders in
the building. 3) D. Smoke damage is a covered peril. The others
are specific exclusions.
2) D. The factory would bear responsibility for the

76 CPMI Professional Development, Inc.


4). A. Industrial Smudging is one of the excluded other state.
perils for broad form.
7) A. The Dwelling Under Construction form is
5) B. The loss payee will be notified in writing also known as the Builder's Risk form.
according to the loss payable clause.
8) C. Sailboats would be covered under a
6) C. The state's regulations always take Boatowners policy.
precedence, whether you live in Delaware or any

Section IV - Homeowners Policy


1) C. Functional Replacement Cost is the cost to 8) A. There is a cap of $200 for cash, so there
repair or replace damaged property with less would be NO claim payment. The lost cash satisfies
expensive but functionally equivalent materials. An the deductible.
example would be custom woodwork that is
replaced with standard woodwork. 9) A. There is no coverage for property left stored
at another residence, though there would be if it
2) C. Market value is the price property would were temporarily stored.
likely fetch if sold on the market. A home in a
small, remote town would have a similar price to 10) D. Incidental service businesses such as beauty
one in a larger city to rebuild or replace shops, accountants, or music lessons are allowed
(Replacement Cost). However, if the house were under the HO policies, but bakeries are not.
sold (Market Value), the price might be
considerably less in the small town because of: 11) C. The special limit of liability for the theft of
Lower land and property values jewelry, watches, furs and precious/semi-precious
Fewer potential buyers for a property in a stones is $1,500.
small town.
12) D. HO-8 is used primarily for homes and
3) A. Personal Property is covered for a stated structures that might have a replacement cost
amount in a Condo Package. greater than the market value.

4) C. Animal coverage is not included in the HO-1 13) D. This endorsement covers the cost to:
or HO-2, and wild animal coverage is not excluded remove the fungi
in the HO-3 so is therefor covered. tear out and replace any part of the building
as needed to gain access to the fungi
5) A. Separate structures (Coverage B) provides an test air or property to confirm the absence,
additional 10% of the Coverage A amount. presence, or level of fungi, but only if there
is a reason to believe there is the presence
6) D. Mobile homes are treated as personal of fungi, wet or dry rot or bacteria.
property, cannot be covered by a homeowners But not medical liability issues.
policy.
14) A. Functional Replacement Cost covers the
7) B. Loss assessment is an optional coverage that amount to repair or replace a damaged covered
protects the individual condominium owner from building with less costly common construction
their share of a pro rata loss assessed by the materials and methods that are the equivalent to
association for losses over the amount of the obsolete, antique, or custom materials and methods
association's policy, usually in amounts between used in the building's original construction.
$1,000 and $5,000.

77 CPMI Professional Development, Inc.


Section V - Commercial Property Policy
1) C. Extra expense coverage covers business carrier from liability in the event the shipper did not
continuation at another location while repairs from a pack the cargo well.
covered loss are occurring at the insured premises--
rent, phone installation, mailings to customers about 7) C. The Pressure and Refrigeration Objects form
a temporary relocation, etc. covers boilers, refrigeration units, piping, and air
conditioning units.
2) A. Commercial Policy Conditions is a
required section of a commercial insurance policy. 8) D. Extension of coverage to newly acquired
property is limited to $250,000, for 30 days.
3) D. Boiler and Machinery coverage Coverage
does not include losses caused while the equipment 9) B. Unscheduled farm property insurance is not
is being tested. an option; the other three are legitimate possibilities
for crop insurance.
4) C. Commercial Property coverages include glass.
10) B. The Peak Season endorsement allows
5) B. The Bailee's Customer form covers damage to additional amounts of personal property coverage
or loss of a customer's goods regardless of the during designated periods such as Christmas or
Bailee's (insured's) liability. Businesses such as other holidays when inventory levels are increased.
laundries or dry cleaners would have need of
Bailee's customer coverage. 11) A. With the Inflation Guard provision, business
personal property can be increased by up to 25% to
6) B. The Neglect of the Shipper form excludes the provide for seasonal stock variations.

Section VI - Businessowners Policy


1) C. Sprinkler leakage is a standard form coverage than six stories.
under a Business Owners Policy.
5) B. The Legal Action Against the Insurer
2) A. BOP conditions consist of: Provision limits the insured's right to bring action
Policy cancellation or changes against the insurer for damages (if the insured has
Concealment complied with policy conditions and the insurer has
Misrepresentation or fraud not indemnified the insured for direct physical loss)
Insurer's right to examine company records to two years.
and to hold inspections and surveys
Policy liberalization procedures 6) D. Security cameras are not one of the required
Premium amounts protective safeguards which the insurer requires to
Subrogation pay for loss.
Other insurance provisions
7) C. Chloe will receive $3,400. The Standard
3) C. There is a $250 limit for any one tree, shrub, deductible for the BOP is $500.
or plant.
8) A. Gas sales are limited to 75% at convenience
4) B. Under a BOP, buildings may have no more stores with gasoline pumps.

Section VII - Other Coverages and Options


1) C. Cargo Insurance protects the owner of the storage tanks are not eligible properties under flood
cargo from loss due to destruction. insurance.
2) B. Septic tanks, storage silos, and gasoline

78 CPMI Professional Development, Inc.


3) D. FAIR plans are mandated by the federal for both on the ground and in-flight.
government's Department of Housing and Urban
Development, but is administered by the states. 7) B. Indemnifies the ship owner from loss of
income that would have been earned had the ship
4) A. Mine subsidence is coverage for loss caused completed its voyage.
by the movement of land underneath a property and
therefore the best choice for Juan and Katy. 8) C. Multi-Peril Crop Insurance is basically the
same insurance as Federal Crop Insurance
5) D. The limit for a single-family residence under Corporation (FCIC) but is written and serviced by
NFIP is $250,000. private insurers and reinsured by those companies
through the FCIC.
6) C. Aviation hull insurance can be either all-risk

79 CPMI Professional Development, Inc.


Alphabetical Index
1- Offer and Acceptance..........................................16 Building and Personal Property...............................50
2- Consideration......................................................16 Burglary...................................................................12
3- Competent parties................................................16 Business Income......................................................51
4- Legal purpose......................................................16 Business Income - Report of Values........................56
Abandonment..........................................................26 Business income is income received for products sold
Absolute liability.....................................................21 or for services rendered............................................56
Acceptance..............................................................16 Business Interruption...............................................56
Accident...................................................................10 Business Liability....................................................67
Accounts Receivable...............................................53 Business Owners Policy...........................................64
Act of Terrorism......................................................30 Business Personal Property Exclusions....................51
Actual Cash Value..............................................23, 56 Camera & Musical Instrument Dealers Form..........54
Additional Coverages........................................41, 61 Cancellation.............................................................27
Additional Insured...................................................24 Captive Agents.........................................................14
Additional Living Expense......................................35 Cargo Insurance.......................................................71
Admitted Insurer......................................................14 Causes of loss..........................................................57
Adverse Selection....................................................11 Causes of Loss.........................................................21
Agreed Value...........................................................23 Causes of Loss Forms..............................................52
Agreement...............................................................16 Certified Loss..........................................................31
Aircraft Hull............................................................71 Claim Settlement Options........................................26
Aircraft Liability......................................................71 Claims Handling......................................................26
Aleatory Contract....................................................17 Classifications of Construction................................22
Alien Insurer............................................................14 Co-insurance............................................................11
All-Risk.......................................................35, 39, 42 Coinsurance.............................................................25
Apparent authority...................................................16 Collapse...................................................................41
Applicant.................................................................11 Commercial Articles................................................53
Appraisal & Arbitration...........................................26 Commercial Coverage Forms..................................50
Appurtenant Structures............................................34 Commercial Inland Marine......................................52
Assignment..............................................................26 Commercial Inland Marine Conditions....................53
Assumption of Risk.................................................29 Commercial Package Policy....................................49
attorney-in-fact........................................................13 Commercial Property...............................................50
Automatic Increase in Insurance..............................37 Commercial Property Conditions.............................50
Aviation Insurance...................................................71 Commercial/Contractor's Equipment Floater...........53
Avoidance................................................................10 Common Carrier Cargo Liability.............................54
Bailee's Customer....................................................53 Common Law Defenses...........................................29
Bankruptcy..............................................................57 Common Law Fellow Servant Rule.........................29
Basic Form...............................................................34 Common Policy Conditions.....................................68
Binder......................................................................12 Common Policy Declarations..................................49
Binders.....................................................................29 Common Policy Provisions......................................24
binding of coverage.................................................29 Comparative Negligence..........................................29
blanket policy..........................................................22 Completed value form.............................................37
Boatowners..............................................................73 Comprehensive Coverage Form...............................56
Boiler and Machinery..............................................55 Comprehensive Form.........................................39, 42
BOP.........................................................................64 Concealment............................................................17
BOP Additional Coverages......................................68 Concurrent Causation..............................................39
BOP Cause of Loss Form & Coverages...................68 Conditional Contract................................................17
BOP Extended Coverages........................................68 Conditional Renewal...............................................28
BOP Special Form Exclusions.................................67 Conditions....................................................23, 44, 57
Boycotting...............................................................18 Condominium Association.......................................51
Broad Form........................................................35, 42 Condominium Commercial Unit-Owners................51
Broad Theft Coverage..............................................37 Condominium Unit Owner Form.......................40, 42
Brokers....................................................................14 Consequential Loss....................................................9
Builders Risk...........................................................51 Contract Legal Interpretations.................................17

80 CPMI Professional Development, Inc.


Contract of Adhesion...............................................17 Equipment Breakdown Coverage............................55
Contracts..................................................................16 Equipment Breakdown Protection...........................55
Contributory Negligence..........................................29 Equipment Dealers...................................................53
Coverage A........................................................40, 56 Excess Insurance......................................................25
Coverage B........................................................40, 56 Exchange of Consideration......................................16
Coverage C........................................................40, 56 Excluded Perils........................................................43
Coverage D........................................................41, 56 Exclusions..........................................................34, 43
Coverage E..............................................................56 Exclusive agents......................................................14
Coverage F...............................................................56 Exposure....................................................................9
Coverage G..............................................................56 Express authority.....................................................15
Coverages.................................................................... Extended Replacement Cost....................................40
Breakage of Glass by Earth Movement..............41 Extra Expense..........................................................51
Insurable interest.................................................20 FAIR Plans...............................................................73
Judgment Rating.................................................20 Fair Rental Value..................................................34p.
Loss ratio............................................................20 Farm Coverage........................................................56
Manual Rating....................................................20 Farm Coverage Definitions......................................57
Rates...................................................................20 Farm employee........................................................57
Underwriting.......................................................20 Farm Policy Coverages............................................56
Covered perils..........................................................27 Farm Property Coverage Forms...............................56
CPP..........................................................................49 Farm Umbrella Coverage.........................................61
Credit Card, Fund Transfer Card, Forgery and Farming...................................................................57
Counterfeit Money...................................................41 FCIC........................................................................74
Crop Hail Insurance.................................................74 Federal Crop Insurance............................................74
Debris Removal.......................................................41 Federal Crop Insurance Corporation........................74
Declarations.............................................................23 Fiduciary..................................................................18
Deductibles........................................................24, 65 Fire-Legal Liability..................................................67
Defenses Against Negligence..................................28 First Named Insured................................................24
Definitions...............................................................34 Flood Insurance- NFIP.............................................71
Determination..........................................................21 Foreign Insurer........................................................14
Direct and Indirect Losses.......................................21 Fraternal Benefit Societies.......................................13
Direct Mail...............................................................15 Fraud........................................................................18
Direct Physical Loss..................................................9 Freight Insurance.....................................................71
Direct Response.......................................................15 Functional Replacement Cost..................................23
Direct Writer............................................................15 Fungi, Wet or Dry Rot, or Bacteria Coverage..........45
Distribution Systems................................................14 General Dwelling Form Exclusions.........................36
Domestic Insurer......................................................14 General Rules of Agency.........................................15
Duties After a Loss..................................................36 Government Insurers...............................................14
Duty to Defend........................................................26 Grave Markers.........................................................41
Dwelling..................................................................40 Guaranteed Replacement Cost...........................23, 39
Dwelling Form Conditions......................................36 Hazard.......................................................................9
Dwelling Policy.......................................................34 Hazards....................................................................21
Dwelling Under Construction..................................37 HO-2........................................................................42
Earthquake...............................................................45 HO-3..................................................................39, 42
Electrical Objects Form...........................................55 HO-4..................................................................39, 42
Electronic Data Processing......................................53 HO-5..................................................................39, 42
Elements of a Legal Contract...................................16 HO-6..................................................................40, 42
Elements of a Negligent Act....................................28 Home Day Care.......................................................45
Elements of Insurable Risks.....................................10 Homeowners Contents.............................................39
Endorsements.............................................................. Homeowners Contents/............................................42
Functional Replacement Cost.............................46 Hovercraft and Parts................................................43
Identity Fraud Expense.......................................46 Hull Insurance..........................................................71
Property Remediation for Escaped Fuel..............46 Implied authority.....................................................15
Special Additional Amount of Insurance............46 Indemnity.............................................................9, 17
Windstorm or Hail..............................................46 Independent Agents.................................................14

81 CPMI Professional Development, Inc.


Independent Rating Services....................................14 Methods of Handling Risk.......................................10
Indirect.......................................................................9 Mine Subsidence......................................................74
Indirect Loss..............................................................9 Misappropriation of Funds.......................................18
Inherent Vice............................................................54 Misrepresentations...................................................17
Inland Marine..........................................................53 Mobile Ag Machinery & Equipment Coverage........56
Insolvency................................................................27 Motor Truck Cargo Forms.......................................54
Installation Floater...................................................53 Multi-Peril Crop Insurance......................................74
Insurable Interest.....................................................12 Mutual Companies...................................................12
Insurance...................................................................9 Mysterious Disappearance.......................................12
Insurance Contract Characteristics...........................16 Named Insured...................................................24, 26
Insurance Guaranty Association...............................27 Named Peril.......................................................21, 39
Insurance Services Office........................................49 Nationwide Marine Definition.................................53
Insurance Under Two Or More Coverages...............58 Neglect of the Shipper.............................................54
Insured.....................................................................11 Negligence.........................................................12, 28
Insured Loss.............................................................31 No Benefit To the Bailee..........................................27
Insured's Duties after Loss.......................................26 Non-Admitted Insurer..............................................14
Insurer......................................................................12 Non-Certified Loss..................................................31
Assessment Mutual.............................................12 Non-concurrency.....................................................24
Multi-Line..........................................................12 Non-reduction of Limits..........................................25
Insurer Provisions....................................................26 Nonrenewal..............................................................27
Insurers....................................................................12 Nonresident Agent...................................................15
Insuring Agreement.................................................23 Occurrence...............................................................10
Interline Endorsements............................................50 Ocean Marine Insurance..........................................71
Intervening Cause....................................................29 Offer........................................................................16
Intimidation.............................................................18 One or More Coverage Parts....................................50
Jeweler's Block........................................................54 Open Peril....................................................21, 39, 42
Judgment Rating......................................................20 Optional Coverages.................................................66
Larceny....................................................................12 Ordinance or Law..............................................41, 52
Last Clear Chance....................................................29 Other farm structures...............................................56
Law of Large Numbers............................................11 Other Insurance............................................24, 36, 58
Legal Action............................................................36 Other Structures.......................................................40
Legal Action Against the Insurer.............................58 Peak Season.............................................................52
Legal Liability.........................................................51 Peril.........................................................................10
Liability...................................................................12 Perils..................................................................21, 42
Fire Legal...........................................................23 Perils Insured Against..............................................34
Liberalization...........................................................58 Periodic Inspection..................................................55
Liberalization Clause...............................................26 Permitted Incidental Occupancies............................45
Livestock Coverage.................................................57 Personal Article Floater...........................................45
Lloyd's Associations................................................13 Personal Contract.....................................................17
Loss...........................................................................9 Personal Liability.....................................................41
Loss Assessment Coverage......................................40 Personal Liability Supplement.................................37
Loss Conditions.................................................57, 65 Personal Lines vs Commercial Lines.........................9
Loss of Use..............................................................41 Personal Property.....................................................40
Loss Payable Clause..........................................27, 36 Policy Aggregate Limit............................................67
Loss Valuation.........................................................22 Policy Limits...........................................................25
Market Value............................................................23 Policy Period...........................................................24
Market Value/ Modified Coverage Form HO-8.......40 Policy Territory........................................................24
Marketing Systems..................................................14 Policy types.................................................................
Mechanical Objects.................................................55 Business Owners Package Policy.......................49
Mechanical Objects Form........................................55 Commercial Package Policy...............................49
Med payments- No Admission Of Liability.............58 Mobile Home......................................................46
Medical Expenses....................................................67 Pressure and Refrigeration Objects..........................55
Medical Payments to Others....................................41 Primary Insurance....................................................24
Merit Rating.............................................................20 Principal...................................................................15

82 CPMI Professional Development, Inc.


Private insurers........................................................14 Special Form................................................35, 39, 42
Pro-rata....................................................................25 Special Provisions....................................................45
Producer Authority and Powers...............................15 Special Provisions for States....................................36
Producer/Insurer Relationship..................................15 specific policy..........................................................22
Producers..............................................................14p. Spoilage...................................................................52
Property and Liability Coverages............................40 Standard Fire Policy................................................27
Protective Safeguards..............................................68 Standard Mortgagee Clause.....................................27
Purchasing Groups...................................................13 State Changes..........................................................68
Reasonable Expectations.........................................17 State Laws...............................................................27
Reauthorization Act of 2007....................................32 Stated Amount.........................................................23
Rebating...................................................................18 Statutes of Limitations.............................................29
Reciprocal Insurers..................................................13 Stock Companies.....................................................12
Redlining.................................................................18 Strict Liability..........................................................21
Reduction.................................................................10 Subrogation..............................................................26
Regulations..............................................................27 Supplementary Coverage.........................................24
Reinsurance.............................................................11 Syndicate Insurers....................................................13
Released Bills of Lading..........................................54 Tenant Coverage......................................................39
Renter's Coverage..............................................39, 42 Terrorism Risk Insurance Act..................................30
Replacement Cost..............................................23, 44 Theft........................................................................12
Reporting Form........................................................37 Third-Party Provisions.............................................27
Representations..................................................17, 58 Transfer....................................................................10
Required Provisions.................................................27 Transfer of Rights of Recovery................................58
Resale Value............................................................23 Transit Coverage......................................................54
Residual Markets.....................................................73 Transit Coverage Forms...........................................54
Responsibilities to the Applicant..............................16 Transportation Coverages........................................54
Retention.................................................................10 Turbine Objects Form..............................................55
Risk............................................................................9 Types of Construction..............................................22
Risk Management Agency.......................................74 Types of Insurers......................................................12
Risk Management Key Terms....................................9 Unilateral Contract...................................................17
Risk Retention Groups.............................................13 Unoccupancy...........................................................25
RMA........................................................................74 Unscheduled farm personal property.......................56
Robbery...................................................................12 Utility Services........................................................68
Salvage....................................................................26 Utmost Good Faith..................................................17
Scheduled farm personal property...........................56 Vacancy...................................................................25
Scheduled Personal Property...................................45 Valuable Papers and Records...................................54
Selected BOP Endorsements....................................68 Value Reporting Form..............................................52
Selected Commercial Property Endorsements.........52 Valued policy...........................................................23
Selected Endorsements................................36, 45, 56 Vicarious Liability...................................................21
Self-Insurance..........................................................11 Waiver and Estoppel................................................18
Separation Of Insureds.............................................59 Warranties................................................................17
Sharing.....................................................................10 Water or Steam........................................................43
Signs........................................................................54 .................................................................................27
Smoke Coverage......................................................41

83 CPMI Professional Development, Inc.

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