Chapter recap
Property Basics
ISO, rating agencies and loss costs
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ISO = advisory: standard forms and loss costs, never final rates.
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AM Best, Fitch, Moody's, S&P = opinion of financial strength.
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Loss cost + the insurer's own expenses and profit = rate.
Finding loss exposures: direct and indirect losses
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Direct = the physical damage; indirect = the money lost because of it.
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Stay open at higher cost = extra expense; shut down = business income.
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Questionnaire: cheap, but can miss exposures unique to one client.
Insurer ratios, rating methods and reserves
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Combined ratio = loss ratio + expense ratio; under 100% = underwriting profit.
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Manual = book rate; merit = book rate adjusted for this insured; judgment = underwriter's call.
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Loss reserve = estimate of unpaid claims; statutory reserve = required by law.
Named peril, open peril and "all-risk"
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Named peril = only listed perils; open peril = everything not excluded.
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"All-risk" does not mean everything: exclusions still apply.
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Narrow to wide: basic, broad, special.
Cancellation, nonrenewal, lapse and premium refunds
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Insured cancels: short rate; insurer cancels: pro rata (standard fire form).
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Flat cancellation = canceled at inception, no premium charged.
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Earned = time already covered; unearned = time still to come.
Property vs. liability, claimants, subrogation and arbitration
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First party = insured claiming on own policy; third party = claiming against the insured.
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Subrogation only up to what the insurer paid.
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Appraisal = amount of loss; arbitration = neutral decides the dispute.
Insurable interest and assigning a property policy
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No insurable interest = contract void (§280).
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Hope of inheritance: not insurable; valid purchase contract: insurable (§283).
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Assignment needs the insurer's written consent.
Concurrent causes: fire after earthquake, mudslide after wildfire
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Fire after earthquake: fire covered, shaking not (unless EQ coverage).
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Mudslide after wildfire: covered if the wildfire is the efficient proximate cause.
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Predominant cause decides, not the last cause.
The California Residential Property Insurance Disclosure
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Signature within 60 days of application; none at renewal.
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Disclosure again every other year at renewal.
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The disclosure is NOT part of the policy; the policy controls.
Actual cash value, replacement cost options and code upgrade
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ACV = replacement cost − fair physical depreciation, capped by the limit.
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Extended RC = limit + stated %; guaranteed RC = full rebuild cost.
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Code upgrade pays the added cost of meeting current codes.
Policies without fire coverage, and the FAIR Plan notice
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No fire coverage: signed acknowledgment at issue or within 60 days.
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Plus a declarations page statement and FAIR Plan / Home Insurance Finder information.
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Nonrenewal notice comes with Home Insurance Finder and FAIR Plan information (§678(e)).
Renewal offers, nonrenewal notices and code upgrade at renewal
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Renewal offer with reduced coverage: at least 45 days before expiration.
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Nonrenewal notice: at least 75 days; if late, policy continues 75 days from the notice.
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Replacement cost policy: code upgrade of at least 10% of the dwelling limit, on top.