principles of insurance exam 2
Syndicates
-85 in existence -bear the risk and supply the insurance coverage -comprised of: 1. corporations 2. limited partnerships 3. names
Gram-Leach-Bliley Act of 1999
-Financial Modernization Act -allowed insurance companies, banks, securities firms, to all consolidate and have joint operations
Binder
-a temporary contract for insurance
underwriters can decide to:
-accept application outright -accept subject to restrictions/modifications -reject application outright
Balance sheet highlights
-admitted assets -loss reserves -policyholders surplus
Information asymmetries between insureds and insurers are associated with three major problems in insurance markets:
-adverse selections -moral hazard -attitudinal (aka morale) hazard
types of claims adjustors
-agent -company adjustor -independent adjustor -public adjustor
stock insurance company
-an insurer owned by stockholders -objective is to earn profits for stockholders
Producer
-anyone that sells insurance -commission -agents and brokers are producers
offer and acceptance
-applicant for insurance makes the offer -insurance company either rejects or accepts -property- offer and acceptance can be oral or written -life- application always in writing (reason: long term contracts)
underwriting principles
-attain an underwriting profit -select insureds according to the company's underwriting guide (purpose: reduce adverse selection equity among policyholders)
Insurable interest in life insurance
-beneficiary does not need insurable interest (you can leave money to whoever you want) -close family ties/marriage (reduce moral hazard) -pecuniary interest (ex. corporation can purchase life insurance on their leading sales person)
altitudinal (morale) hazard
-careless or indifferent to a loss which increases the frequency or severity of a loss -results in higher losses for insurers and ultimately higher premiums for insureds
Facultative reinsurance
-case by case basis -often used when primary insurer has an application for a large amount of insurance
Financial Service Industry
-consists of institutions that provide financial products and services to public -insurance industry is a subset
legal purpose
-contract must be for a legal purpose -dont want to promote illegal activities contrary to public interest
moral hazard
-dishonesty or character defects in an individual that increase frequency or severity of a loss -i.e. a mental attitude associated with intentional acts that cause a loss or increase its severity -presence of a risk transfer mechanism, such as insurance, often exacerbates (increases) moral hazard -when informational asymmetries are such that insurers cannot control moral hazard the result is higher than expected loss
income statement highlights
-earned premiums unearned premiums
increase underwriting capacity
-financial constraints limit the amount of risk a single primary insurer can assume -reinsurance takes risk "off the books" and increases UW capacity
methods of ensuring insurer solvency
-financial requirements -risk basked capital standards -annual financial statements -field examinations -early warning system (IRIS, FAST)
Regulated areas:
-formation and licensing of insurers -solvency regulation (capital and surplus requirements) -rate regulation (ensure rates are adequate and not excessive) -policy forms -sales practices and consumer protection (consumer complaints or unfair trade practices)
Reasons for reinsurance
-increase underwriting capacity -stabilize profits -provide protection against catastrophic losses
Life Cycle of the Insurance Policy
-insurance company must find risks they can insure -insurer underwrites (evaluates) applicant -policyholders receive claims payments if covered loss occurs -policy expires
reinsurance
-insurance for insurers -the primary insurer that initially writes insurance transfers otential losses to the reinsurer
concealment (nondisclosure)
-intentional failure of the applicant for insurance to reveal a material fact to the insurer Must prove: -concealed face was known by the insured to be material -insured intended to defraud the insurer
Reasons for insurance regulation include:
-maintenance of insurer solvency -compensate for inadequate consumer knowledge -ensure reasonable rates -make insurance available
provide protection against catastrophic losses
-natural disasters, industrial explosions, airline disasters, terrorism, etc. can lead to large losses for primary insurers
stabilize profits
-natural disasters, unexpected economic conditions, etc. can cause losses to fluctuate widely -reinsurance reduces the upper amount of potential losses for the primary insurer
Lloyd's of London
-not technically an insurance company -world's leading insurance market -investors join together to form syndicates to insure and pool risks -birthplace of the insurance mechanism
steps in claims settlement
-notice of loss must be given -the claim is investigated -proof of loss may be required -a decision is made regarding payment
For an insurance contract to be legally enforceable:
-offer and acceptance -consideration -competent parties -legal purpose
mutual insurance company
-owned by the policyholders -company has no stockholders -policyholders elect BOD who appoints managers
what supports insurable interest in PC insurance
-ownership of property -potential legal liability -secured creditors (ex. bank has an insurable interest in a house for which it has an existing mortgage outstanding.....bank gives you 300000 for house. your house burns. you dont want to pay loan anymore. bank can sell it bc no house. lose their collateral.) -contractual right (products shipped from south america to here. they get lost. didnt pay for them bc you didnt own them yet but you still lose profit bc of cant make products)
competent parties
-parties must have legal capacity to enter into a legally binding contract -exceptions- children, intoxicated, mentally disabled -minors- if a minor enters into an insurance contract, it is voidable (for any reason) at the discretion of the minor
Valued policy
-policies that pays the face amount of insurance if a total loss occurs -used to insure antiques, fine arts, family heirlooms, etc. -used in cases where determining AVC is difficult/impossible
purposes of insurable interest
-prevent gambling -reduce moral hazard -measure the amount of the insureds loss in property insurance
Purposes of subrogation
-prevents the insured from collecting twice for the same loss -used to hold the guilty person responsible for the loss -helps to hold down insurance rates
Goals of ratemaking (3 regulatory)
-rates should be adequate (rates charged by insurer should be high enough to pay all losses and expenses) -rates should not be excessive (rates should not be so high that policyholders are paying more than the actual value of their protection) -rates should not be unfairly discriminatory (exposures that are similar with respect to losses and expenses should not be charged significantly different rates)
information asymmetries
-refers to a situation where one party has an info. advantage cover another -occurs when the insured has more information about its chance of loss than the insurance company -creates problems in the risk selection and insurance pricing decision of insurance companies
legal doctrines that support utmost good faith
-representations -concealment (nondisclosure) -warranty if any of these are violated, insurer has right to void coverage
Broker
-represents the insured -have better knowledge of the inured which reduces informational asymmetries
Agents
-represents the insurer -can issue a binder (temporary insurance policy that lasts until the actual insurance policy is written)
warranty
-statement that becomes part of the insurance contract and is guaranteed by the maker to be true in all respects
Representations
-statements made by the applicant for insurance three aspects: -material: if the insurer knew the true facts, the policy would not have been issued or the policy would have been issued on different terms -false: the statement is not true or misleading -reliance: the insurance relies on the misrepresentation on issuing the policy at a specific premium
principle of insurable interest
-states the insured must be in a position to lose financially if a covered loss occurs -insurance contracts must be supported by an insurable interest to be legally enforceable
Actual Cash Value
-supports the principle of indemnity determined by: -fair market value (amount a normal person would pay) -broad evidence rule (include all relevant value) -replacement cost less depreciation
subrogation
-the insurer is entitled to recover from a negligent third party any loss payments made to the insured -strongly supports the principle of indemnity
ratemaking
-the pricing of insurance and the calculation of insurance premiums -rates are the price per unit of exposure -rates reflect expected losses
underwriting
-the process of selecting, classifying, and pricing applicants for insurance -the underwriter is the person who decides to accept or reject an application for insurance -top level management must determine the company's underwriting policy
What entity is responsible for regulating insurers?
-the state regulates insurance through an insurance regulation department -insurance commissioner oversees the regulatory duties (elected or appointed)
Adverse selection
-the tendency of people with higher than average chance of loss to seek insurance at standard rates -results in higher than expected loss levels to the insurance company
consideration
-the value that each party gives to the other -insurer- promise to do certain things specified in the contract -insured- payment of premium
Exceptions to the principle of indemnity
-valued policy -replacement cost insurance -life insurance
replacement cost insurance
NO deduction for physical depreciation in determining the amount paid for a loss
When must insurable interest exist?
Property insurance- at the time of the loss Life insurance- at the time of the purchase
Principle of utmost good faith
a higher degree of honesty is imposed on both parties to an insurance contract than is imposed on parties to other contracts -if utmost good faith violated, coverage is void
claims adjustor
a person who helps determine the extent of a covered loss and the associated indemnification
familiar stock insurers
aetna, cigna, american international group, geico, traveler's
Paul vs Virginia (1868)
affirmed states rights to regulate insurance
sources of information for underwriters
agents, applications, physical inspection reports, medical examination, prior claims history, etc.
Financial Modernization Act of 1999 (Gramm-Leach-Bliley)
allowed banks and insurers to operate together
AVC in business income insurance
amount paid is based on the amount of profits lost by the business
AVC in life insurance
amount paid is based on the face value of the policy
PC insurer investments
approximately 1.4 trillion held in assets -majority of investments held in relatively liquid securities like high quality bonds, stocks, and cash
life insurer investments
approximately 5.5 trillion held in assets -majority are assets like bonds, mortgages, and real estate
admitted assets
assets that are permitted by state law to be included on financial statements
McCarran-Ferguson Act (1945)
congress gave insurance regulation back to the states
judgement rate
each exposure is individually evaluated and rate is determined by judgment of underwriter
loss reserves
estimated cost of settling a claim for losses that have occurred but have not yet been paid
class rating
exposures with similar characteristics are placed in the same underwriting class and each is charged the same rate
actuaries
highly skilled mathematician that prices insurance
Loss ratio equation
incurred losses + loss adjustment expenses ______________________________________________ premiums earned
personal contract (assignments)
insurance contracts do not transfer with the property
AVC in liability insurance
insurer pays up to the policy limit the amount an insured is legally obligated to pay
open competition
insurers are not required to file their rates
use and file law
insurers can put into effect immediately any rate change, but rates must be filed within a certain period of time
combined ratio
loss ratio + expense ratio
conditional contract
obligation to pay depends on whether the insured has complied with all policy conditions (insurance company doesnt have to pay until you satisfy every term)
independent adjustor
offers services to many insurance companies for a fee
unilateral contract
only one party makes a legally enforceable contract (insurer)
investments of private insurers
premiums are paid in advance, they can be temporarily invested until they are needed to pay claims
Prior approval laws
rates must be filed and approved by the state before use
file and use law
rates must be filed and can be used immediately after filing
treaty reinsurance
reinsurer agrees to automatically accept business that falls within a pre-arranged agreement
exclusive agency
represents only one insurer or group of insurers under common ownership ex. allstate
public adjustor
represents the insured
Independent agency
represents unrelated insurers
U.S. vs Southeastern Underwriters Association (1944)
reversed paul vs virginia
company adjustor
salaried employee of the insurance company
direct writer
salesperson is an employee of the insurer ex. geico
familiar mutual insurers
state farm, mutual of omaha, liberty mutual
principle of indemnity
states that the insurer agrees to pay no more than the actual amount of the loss Purposes: -prevent the insured from making a profit -reduce moral hazard
types of private insurers
stock mutual lloyds of london
ment rating
the class or manual rate is adjusted based on past loss experience
policyholders surplus
the difference between assets and liabilities -provides cushion for insurers if losses are greater than expected
unearned premiums
the portion of the premium paid to the insurer but for which the insurer has not provided protection
earned premiums
the portion of the premiums for which the insurer has provided protection
Claims settlement
the process in which an insured is indemnified for a loss
expense ratio
underwriting expenses ________________________ premiums written
aleatory contract
unequal values exchanged