Chapter 8 IF1

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What is the definition of the principle of contribution?
“ The right of an insurer who has paid under a policy to call upon others similarly but not necessarily equally liable to the same insured to contribute to the payment”
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If a policyholder had two life policies would contribution apply?
No, as life policies are benefit policies
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Identify two ways the principle of contribution is modified.
1. Policies contain non-contribution conditions, 2. There are market agreements between insurers where they agree not to seek contribution in certain instances
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Identify five aspects that must be common to both policies for contribution to apply.
P eril (cover same peril), I ndemnity (both policies of indemnity), I nsurable Interest (cover same insurable interest), L iable (both policies liable for loss), S ubject matter (both policies cover same subject matter of insurance
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What does a rateable proportion contribution condition state
That the policy will only pay their proportion of the loss
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What does a non-contribution clause state?
That the policy will not contribute to a loss if it is covered under another policy
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If both policies contain a non contribution clause what happens?
The loss is shared proportionately.
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If one policy has a non-contribution condition and one a rateable proportion condition what happens?
The insurer with the rateable proportion condition will pay the whole of the claim as they have the weaker clause
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What does the specific insurance condition state?
That insurers will not contribute to a loss if the loss is more specifically insured?
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Identify two market agreements on contribution
Claims under driving other cars extension - vehicle insurers do not seek contribution from driver's insurers, Travel and household
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Identify two reasons insurers have market agreements on contribution
Save cost, Reduce disputes
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Define "subrogation"
“the right of one person, having indemnified another under a legal obligation to do so, to stand in the place of that other and avail himself of all the rights and remedies of that other, whether already enforced or not”
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What are the two method for sharing losses between policies under the principle of contribution
Sum insured method, Independent liability method
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How does the sum insured method operate?
Insurer A pays Loss multipled by Sum Insured of Insurer A divided by total sum insured of Insurer A and B
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When is the sum insured method used?
On property claims where the policies are not subject to average.
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How does the independent liability method work
Loss shared in proportion to liabilities of each insurer if the other had not been paying the loss
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What is the term for any residual value left in the thing insured after it has been considered beyond economic repair
salvage
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What are the precluded subrogation rights
If the insured has no rights, in a benefit policy, if there is a subrogation waiver, for negligent fellow employees
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Other cards in this set

Card 2

Front

If a policyholder had two life policies would contribution apply?

Back

No, as life policies are benefit policies

Card 3

Front

Identify two ways the principle of contribution is modified.

Back

Preview of the front of card 3

Card 4

Front

Identify five aspects that must be common to both policies for contribution to apply.

Back

Preview of the front of card 4

Card 5

Front

What does a rateable proportion contribution condition state

Back

Preview of the front of card 5
View more cards

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