A
"A"
(or Judgment) Rates - Rates that are based on the judgment of the
underwriter on an individual risk basis and not supported by loss experience.
Abandonment
- A term that applies to property and signifies both a relinquishing
of it and the letting go of all legal rights to it, as well, with the
intent to claim a total loss. Abandonment of property to an insurance
company is something insureds are expressly prohibited from doing in
most property polices.
Abandonment
clause - A property policy provision that stipulates that the insurer
need not accept any damaged property that the insured chooses to relinquish.
Absolute
liability - The performance of an act so dangerous as to be sufficient
to trigger liability regardless of the degree of negligence. Triggering
explosives is often used as an example. Sending workers aloft for construction
or repair at elevated heights is another. "Strict liability'' is
another term that is sometimes used.
Accident
- An unforeseen, unintended, and unexpected event, which occurs suddenly
and at a definite place. See Occurrence.
Accident
frequency - The rate of occurrence of accidents. Along with accident
severity, it is taken into account in ratemaking.
Accident
severity - The measure of the seriousness of a claim, measured in,
for example, dollars. Along with frequency, it is taken into account
in ratemaking.
Accident
year experience - Measures premiums and losses relating to accidents
which occurred during a 12-month period.
Accommodation
line - Normally unacceptable risks that are written as an "accommodation''
to an agent or broker who has an overall profitable relationship with
the insurer. For example: a personal auto risk with a teenage driver
of a sports car might be written if the other lines of insurance which
it carries for the customer were profitable; or if the agency has had
a good and profitable relationship with the insurer.
Account
current - A monthly statement provided by an insurer detailing an
agent's premiums, commissions, cancellations, and endorsements.
Account
selling - Account selling is trying to handle all of a client's
insurance needs, rather than providing for only a portion of those needs.
Accounts
receivable insurance - Pays for the cost of reconstructing accounts
receivable records that have been damaged or destroyed by a covered
peril. Even more important, it covers any payments that cannot be collected
because records cannot be reconstructed.
Acquisition
cost - The expense undertaken to acquire new business. The concept
applies to both agents and companies. The largest portion of an insurer's
acquisition cost is agent's or sales representative's commission or
bonus.
Act
of God - Acts of nature ― the term was once widely used to
distinguish between man-made events, i.e., fire, collision, and nature's
rampages in wind and flood.
Active
malfunction - In products insurance, a defect or malfunction in
a product that damages the property of the user.
Actual
cash value (ACV) - A method for placing value on property as of
the time of its loss or damage. ACV may be determined as replacement
cost, new, less depreciation. The market value of an item may be used
to help determine actual cash value. Contrast with replacement cost.
Actual
cash value appraisal - An appraisal to determine the actual cash
value of a building and related personal property.
Actuary
- A person highly trained in mathematics and statistics who calculates
rates and dividends, and provides other statistical information for
an insurance company.
Additional
insured - One who qualifies as "insured'' under the terms
of a policy even though not named as insured. Officers of a corporation
may be included as insureds under the terms of a policy written in the
name of the corporation.
Additional
living expense insurance - This coverage, found in homeowners forms,
provides payment for extra expenses made necessary by the insured's
inability to reside in the insured dwelling because of a covered loss
-- for example, restaurant meals and hotel bills. The amount payable
is the difference between normal household expenses and the increase.
Adhesion
contract - A standardized set of agreements offered by one (usually
the stronger) party to another on a "take it or leave it'' basis.
An insurance policy is an example of such a contract. The insurer offers
a personal auto policy, for example, that an individual may "adhere
to'' (or not) but in any case the individual may not change any of its
terms. Because it has the stronger position, the insurance company has
the burden to spell out its terms precisely. Such contracts are interpreted
strictly against the author of the contract. Not to be confused with
aleatory contract.
Adjuster
- A person who may act either on behalf of the insurance company or
the insured in settling a claim. Employee adjusters work for an insurer;
independent adjusters represent the insurance company on a fee basis;
and public adjusters represent the insured on a fee basis.
Admitted
assets - The highly liquid assets of an insurer permitted by the
state to be taken into account when reporting financial condition.
Admitted
company - An insurance company that is licensed (admitted) to conduct
business within a given state.
Admitted
market - The range of insurance available through admitted companies.
Advance
premium - Also called "deposit premium,'' an advance premium
is a downpayment on what will be the final premium, in policies where
the final premium is subject to audit.
Adverse
selection - The tendency of poorer than average risks to buy and
maintain insurance. Adverse selection occurs when insureds select only
those coverages that are most likely to have losses.
Adverse
underwriting decision - Any decision made by an underwriter that
is not favorable to the insured. Such decisions involve termination,
declination, higher rates, or reduction in coverage. Another example
is the placing of a risk in a residual market or with an unauthorized
insurer.
Advertising
injury - Claim arising out of slander, libel, copyright infringement,
or misappropriation of advertising ideas. Coverage is provided as part
of coverage B of the commercial general liability policy.
Affinity
marketing - Targeting marketing efforts toward one group or category
of client. Examples include: grocery stores; all the employees of one
company; or employees in one industry. Group business is a type of affinity
marketing.
Agency
company - An insurance company that produces business through an
agency network. See direct writer.
Agency
contract - The legal agreement between an insurance agency and the
in-surer detailing the terms of representation.
Agency
plant - The total force of agents representing an insurer.
Agent
- One who solicits, negotiates or effects contracts of insurance on
be-half of an insurer. His right to exercise various functions, his
authority, and his obligations and the obligations of the insurer to
the agent are subject to the terms of the agency contract with the insurer,
to statutory law, and to common law.
Agent’s
appointment - The act by an insurer that grants an agent the authority
to act as an agent for the insurer. In most states, agents must be licensed
and appointed, prior to being allowed to sell insurance.
Agent’s
authority - The authority of an insurance agent to act on behalf
of the insurer he or she represents. There are several types including:
express authority (authority to act on specific instructions only);
implied authority (actions taken in accordance with prevailing custom);
or apparent authority (actions based on appearances created by the agent
and acquiesced to by the principal).
Agents
errors and omissions insurance - Insurance obtained by the insurance
agent to guard against loss caused by an unintentional failure to properly
insure (or recommend insurance to) a client.
Agent’s
license - A certificate of authority from the state that permits
the agent to conduct business.
Aggregate
deductible - A deductible provision in some property insurance contracts
where all covered losses during a year are figured together and an insurer
pays only when the aggregate deductible amount is exceeded.
Aggregate
excess reinsurance - A type of excess reinsurance treaty that sometimes
is called stop loss or excess of loss ratio reinsurance. The retention
in this type of agreement is calculated based on all losses over the
period of time that is stated in the treaty. The reinsurer is responsible
for the amount of losses between the retention and the limit on the
treaty.
Aggregate
limit - The maximum amount an insurer will pay under a policy in
any one policy period.
Agreed
amount clause - An agreement between underwriter and insured whereby,
in exchange for the purchase of coverage in an amount specified by the
underwriter, the insured is protected from a coinsurance penalty. Agreed
value clause - Though rare, some policies cover for a value agreed upon
at the time of writing; if the property is lost because of an insured
peril, the amount stated in the policy will be paid. Fine arts insured
under a personal articles floater or homeowners scheduled personal property
endorsement are examples.
Aircraft
coverages - Though aircraft have long been an important element
in the lives of most Americans, insurance of aircraft exposures has
remained outside the mainstream of property and liability insurance
markets. Aircraft hull and liability insurance is the counterpart of
personal or commercial auto policies coverage. Aircraft products insurance
is the counterpart of products liability coverage. Air cargo insurance
is mirrored in motor truck cargo. Hangarkeepers liability is akin to
garagekeepers coverage. As with any specialty line of insurance, the
absence of standardized forms limits practice to specialists in the
line.
Alcoholic
Beverage Control (ABC) laws, see Dram shop laws.
Aleatory
contract - A contract in which the number of dollars to be given
up by each party is not equal. Insurance contracts are of this type,
as the policyholder pays a premium and may collect nothing from the
insurer or may collect a great deal more than the amount of the premium
if a loss occurs. Not to be confused with contract of adhesion.
Alien
insurer - An insurance company formed under the laws of a country
other than the one it is doing business in.
Alienated
premises - Property that has been sold by an insured.
All
risks - A property policy expression now out of fashion. It was
used to designate contracts that promised coverage against "all
risks of direct physical loss" in contrast to forms that covered
for specific, named perils. The word "all" came to be perceived
as open to broader interpretation than insurers intended and it was
dropped in favor of the promise to cover "risks of physical loss."
See Named perils and also Open perils.
Allied
lines - Lines of insurance that cover for perils other than fire,
that are usually sold with fire insurance, e.g., "fire and allied
lines."
Alternative
dispute resolution (ADR) - Methods other than lawsuits that are
designed to resolve legal disputes. Examples are arbitration and mediation.
Ambiguity
- A standard policy provision that proves to be ambiguous may be interpreted
in the light most favorable to the insured.
American
Agency System - The system of selling insurance through agents who
receive omissions in lieu of salary.
American
Association of Insurance Services (AAIS) - An association of insurance
companies providing filing and various technical services on behalf
of its member companies.
Americans
with Disabilities Act (ADA) - Passed by Congress in 1990, this act
requires that "reasonable accommodation" be made in public
accommodations, including the workplace, for those with physical or
mental disability.
American
College, The - An educational institute conferring the Chartered
Life Underwriter (CLU) designation.
American
Lloyds - Unincorporated associations of individual underwriters
who assume specified portions of liability under each policy issued.
There is no connection with Lloyd’s of London.
Anniversary
date - The anniversary of the original date of issue of a policy
as shown in the declarations.
Annual
aggregate deductible - A deductible applied annually to the total
amount paid in claims during a policy period. Claims are generally subject
to a per-occurrence deductible; the aggregate is the limit beyond which
no further deductibles are applied.
Anti-coercion
laws - Usually contained in a section of the state code entitled
"Unfair Trade Practices," these provisions define the use
of coercion as an unfair practice and, hence, a violation of the state
law.
Anti-rebating
laws - Laws found in all but two states which prohibit an agent’s
refunding part of a commission to an applicant as an inducement for
placing insurance through the agent. California and Florida allow rebating
of commissions on a limited basis.
Apparent
authority - The perceived ability of an agent to bind an insurance
contract to an insurance company. If an agent or agency holds themselves
out as representing a particular company it is reasonable for the public
to assume that such authority is established contractually, even if
it is not. Apportionment - The method of dividing a loss between multiple
insurers that cover the same loss.
Appraisal
- A determination of the value of property for the purposes of determining
the proper amount of insurance to be bought or in adjusting a loss.
Appurtenant
structure - Another structure on the same premises as the principal
structure. A detached garage on a dwelling premises is "appurtenant"
to the dwelling. Older homeowners forms refer to the "other structures"
protected under the HO Coverage B as "appurtenant structures."
Arbitration
clause - The clause in an insurance policy that spells out how disagreements
over a claim are settled.
Arson
- The intentional setting afire of property.
Assigned
risk - A risk not be generally acceptable to any insurance company
but for which the law says that insurance must be acquired. Personal
auto liability is one such necessary coverage. Insurance companies doing
personal auto business in a state can be required to accept assignment
of a portion of the state’s unacceptable drivers as insureds.
Assigned
risk plan, see Auto insurance plan.
Association
captive - A captive insurer owned by the members of a sponsoring
organization or group, such as a trade association.
Assumed
liability - Liability assumed under contract or agreement. More
commonly known as contractual liability.
Assured
- A party who is a potential beneficiary of an insurance contract. The
synonym "insured" is more commonly used.
Attorney-in-fact
- An individual who is given authority to execute legal documents, including
bonds; or the manager of a reciprocal exchange, which is an insurance
arrangement whereby risk is transferred to other members. The attorney-in-fact
need not be a lawyer.
Attractive
nuisance - Condition that can attract and injure children. The occupants
of land on which such a condition exists are liable for injuries to
children. Examples of attractive nuisance: swimming pools; earth moving
equipment; playground equipment.
Audit
- Some policies (such as workers compensation) are written subject to
an audit. Since workers compensation premium is based on the insured’s
payroll, the insurer is entitled to audit the insured’s records at the
end of the policy to verify that it has collected an adequate premium
for the amount of payroll to which it was exposed.
Authorized
insurer - An insurer granted permission by a state to sell specific
lines of insurance within that state.
Auto
insurance plan - Program set up by various states to ensure that
everyone with a valid driver’s license will be able to purchase auto
insurance. All auto insurers operating within a state are assigned insureds
in proportion to the amount of auto premium written.
Automobile
liability insurance - Insurance in which the insurer agrees to pay
all sums for which the insured is legally obligated because of bodily
injury or property damage arising from the ownership, maintenance, or
use of an auto.
Automobile
medical payments - Insurance applying to the medical, hospital,
or funeral expenses of anyone injured while on or in an insured automobile.
The coverage is not dependent on liability, being triggered simply by
an accident. It may be included in either the Business Auto Policy or
the Personal Auto Policy. See also Premises medical payments.
Auto
physical damage insurance - Insurance on the vehicle, itself. This
usually is broken down into collision and other than collision coverages.
Automobile
shared market - A program in which all automobile insurers in each
state make coverage available to car owners who are unable to obtain
auto insurance in the voluntary market.