Chapter recap
Basic Insurance Concepts and Principles
What insurance is, and which events can be insured
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§22: insurance is a contract to indemnify against loss, damage, or liability from a contingent or unknown event.
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§250: a contingent or unknown event may be insured whether past or future (title insurance = unknown past event).
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§251: a lottery or its outcome cannot be insured.
Risk: pure vs. speculative
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Risk = uncertainty about loss.
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Pure risk = loss or no loss; this is what insurance covers.
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Speculative risk = chance of gain or loss (market value, stocks, gambling); not insurable.
Peril vs. hazard, and the four kinds of hazard
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Peril = the cause of loss; hazard = a condition that increases its chance or severity.
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Moral = dishonest intent; morale = carelessness because insured.
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Physical = condition of the property; legal = courts or laws that raise claim costs.
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§533: no liability for a loss caused by the insured's wilful act.
Loss vs. loss exposure, and the law of large numbers
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Loss exposure = possibility of loss (before); loss = actual reduction in value (after).
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Property exposure = your own property; liability exposure = legal responsibility to others.
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Law of large numbers: more similar units, actual results closer to expected. It predicts; it does not prevent.
Risk management techniques and the role of deductibles
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Four techniques: avoid, reduce, retain, transfer.
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Low frequency + high severity = transfer (insurance); small predictable losses = retention.
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Deductible = retention: removes small claims, lowers premium, encourages loss prevention. It is not the limit.
What makes a risk ideally insurable
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Many similar units; accidental; measurable (time, place, dollars); not catastrophic to all at once; affordable premium.
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Sentimental value fails 'measurable'; one event hitting nearly everyone fails 'not catastrophic'.
Insurable interest and indemnity
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No insurable interest = void contract (§280); a pay-regardless clause is void too (§287).
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Property: interest needed when coverage starts AND when the loss occurs (§286).
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Mere expectancy (hoping to inherit) is not insurable (§283); amount = extent you could be damnified (§284).
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Indemnity: restore, never profit; the limit is a cap.
Underwriting, adverse selection, and spread of risk
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Underwriting = select and price risks (accept? at what premium?). Claims decides payments.
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Adverse selection = the most likely to have losses buy the most.
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Spread of risk (Property outline) / risk pooling (Casualty outline): avoid concentration; the many share the losses of the few.
Benefits and costs of insurance to society
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Benefits: loss payments, loss control, securing credit.
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Costs: operating expenses, fraud, carelessness (morale hazard).
Reinsurance: insurance for insurers
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§620: reinsurance = an insurer insures itself against loss or liability from its original policies.
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Purposes: capacity, catastrophe protection, stable results.
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§623: the original insured has no interest in the reinsurance contract.
Classes of insurance in the Insurance Code
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§100 divides insurance into classes; §§101–120 define them.
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Casualty is an industry term, not a §100 class.
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Sprinkler includes leaking water pipes; mortgage loan default = mortgage guaranty, not surety.
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Miscellaneous (§120) is the catch-all class.
CA
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