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Question 1Arizona insurance law and adjuster licensing regulations
Under Arizona insurance law, which person is required to hold an adjuster license?
- A person who investigates and negotiates claim settlements for an insurer Correct answer.
- A licensed attorney representing an insured in pending litigation
- A property appraiser who only estimates the replacement cost of a building
- A clerical employee who only enters claim data into the insurer's system
Explanation
Arizona requires a license for a person who, for compensation, investigates or negotiates the settlement of insurance claims. Attorneys acting in their professional capacity, clerical staff performing only data entry, and appraisers who merely value property are outside the adjuster licensing requirement.
Question 2Arizona insurance law and adjuster licensing regulations
In Arizona, a public adjuster is licensed to represent which party in a claim?
- The reinsurer that backs the insurer
- The Arizona Department of Insurance
- The insured policyholder Correct answer.
- The insurer that issued the policy
Explanation
A public adjuster works for the insured, not the insurer, and is paid by the insured to prepare, present, and negotiate the claim. The Department of Insurance regulates adjusters but does not hire them to represent a party to a claim.
Question 3Arizona insurance law and adjuster licensing regulations
Which conduct is an unfair claims settlement practice under Arizona law?
- Requesting a reasonable proof of loss before paying a claim
- Misrepresenting the policy provisions to a claimant Correct answer.
- Paying a covered claim promptly after proof of loss is received
- Using a licensed adjuster to investigate a claim
Explanation
Arizona's unfair claims settlement practices law prohibits misrepresenting policy provisions or facts material to a claim. Prompt payment, reasonable proof-of-loss requests, and using licensed adjusters are proper claim handling practices.
Question 4Arizona insurance law and adjuster licensing regulations
Under Arizona's unfair claims settlement practices rules, an insurer must acknowledge notification of a claim within how many business days?
- 5 business days
- 30 business days
- 10 business days Correct answer.
- 3 business days
Explanation
Arizona rules require the insurer to acknowledge receipt of notification of a claim within 10 business days. The acknowledgment starts the claim-handling process, but it does not by itself decide coverage or payment.
Question 5Arizona insurance law and adjuster licensing regulations
Arizona adjusters must complete continuing education each two-year period. What is the minimum ethics requirement within that total?
- 12 credit hours of ethics
- 6 credit hours of ethics
- 3 credit hours of ethics Correct answer.
- No ethics hours are required
Explanation
Arizona adjusters must complete 24 credit hours every two years, including at least 3 hours of ethics. The ethics hours are part of the overall continuing education total, not an additional requirement on top of it.
Question 6Arizona insurance law and adjuster licensing regulations
An Arizona-licensed adjuster moves to a new permanent address. Within what period must the adjuster notify the Arizona Department of Insurance?
- 30 days Correct answer.
- 180 days
- 60 days
- 10 days
Explanation
Arizona licensees must notify the Department of Insurance of a change of address within 30 days. Timely notice keeps the license record current and ensures official correspondence reaches the adjuster.
Question 7Arizona insurance law and adjuster licensing regulations
An Arizona public adjuster signs a contract with an insured. What cancellation right must the contract provide?
- The insured may cancel only if the insurer denies the claim
- The insured may cancel at any time without penalty for one year
- The insured has no cancellation right once the contract is signed
- The insured may cancel within three business days after signing Correct answer.
Explanation
Arizona requires a public adjuster contract to give the insured a three-business-day right to cancel. This cooling-off period lets the insured reconsider the engagement before being bound.
Question 8Arizona insurance law and adjuster licensing regulations
An Arizona insurer denies a claim in whole. What must the insurer generally provide to the claimant?
- A verbal notice that the claim is denied
- A referral to the insurer's defense attorney
- A written explanation of the basis for the denial Correct answer.
- A copy of the adjuster's licensing record
Explanation
Arizona claim settlement rules require a written explanation when a claim is denied. The explanation should identify the policy provisions or facts on which the denial is based so the claimant can evaluate the decision.
Question 9Arizona insurance law and adjuster licensing regulations
An Arizona public adjuster is negotiating a claim for an insured. The insurer offers to pay the adjuster a separate 'processing fee' to speed up the settlement. What should the adjuster do?
- Accept the fee only if the insured signs a written waiver
- Refuse the fee because a public adjuster may not accept compensation from the insurer for the same claim Correct answer.
- Accept the fee because it reduces the insured's adjustment expense
- Accept the fee and disclose it to the insured after settlement
Explanation
A public adjuster owes loyalty to the insured and may not accept compensation from the insurer for the same claim. Taking the fee would create a conflict of interest and compromise the adjuster's independent representation of the insured.
Question 10Arizona insurance law and adjuster licensing regulations
A nonresident adjuster licensed in another state applies for an Arizona adjuster license. Which statement best describes Arizona's typical requirement?
- The applicant must pass only the Arizona producer examination
- The applicant must hold a current home-state adjuster license in good standing and meet Arizona's application requirements Correct answer.
- The applicant must live in Arizona for at least one year before applying
- The applicant must surrender the home-state license before Arizona issues a license
Explanation
Arizona generally issues nonresident adjuster licenses to applicants who hold a current, in-good-standing adjuster license in their home state and satisfy Arizona's application requirements. The applicant does not need to surrender the home-state license or establish Arizona residency.
Question 11Arizona insurance law and adjuster licensing regulations
Which individual is exempt from Arizona adjuster licensing while adjusting claims in the ordinary course of professional practice?
- An employee who adjusts claims for a single insurer
- A trainee who investigates claims for an independent adjuster
- An attorney licensed to practice law in Arizona Correct answer.
- A person who negotiates a settlement for an insured for a fee
Explanation
Arizona adjuster licensing law exempts attorneys who adjust claims in the ordinary course of practicing law. Trainees and insurer employees who adjust claims generally must hold the appropriate adjuster license. A person paid to negotiate a claim for an insured is acting as a public adjuster and must be licensed.
Question 12Arizona insurance law and adjuster licensing regulations
An insurer retains a licensed independent adjuster to evaluate a commercial fire loss. To which party does the independent adjuster owe the primary duty when handling the claim?
- The insurer that retained the adjuster Correct answer.
- The insured whose property was damaged
- The mortgagee named in the policy
- The Arizona Department of Insurance
Explanation
An independent adjuster is retained by and represents the insurer, so the adjuster's claim-handling duty runs to that insurer. The insured may retain a public adjuster to represent the insured's own interests. The Department is the regulator, and a mortgagee's policy rights do not make it the adjuster's client.
Question 13Arizona insurance law and adjuster licensing regulations
An Arizona adjuster license authorizes the licensee to engage in which activity?
- Selling life insurance policies to consumers
- Issuing insurance policies on behalf of an insurer
- Underwriting new commercial property risks
- Investigating and negotiating insurance claims Correct answer.
Explanation
An adjuster license permits the licensee to investigate, evaluate, and negotiate insurance claims. Selling policies, issuing policies, and underwriting risks are separate insurance activities that require different licenses or authority. An adjuster may not use an adjuster license to perform those functions.
Question 14Arizona insurance law and adjuster licensing regulations
During each two-year continuing education period, an Arizona adjuster must complete a minimum of how many total continuing education hours?
- 24 hours Correct answer.
- 12 hours
- 40 hours
- 16 hours
Explanation
Arizona requires adjusters to complete 24 hours of continuing education in each two-year period. That total includes a minimum of 3 hours of ethics instruction. The other listed hours either fall short of the total or exceed the requirement.
Question 15Arizona insurance law and adjuster licensing regulations
An Arizona-licensed adjuster is charged with felony fraud. Within what period must the adjuster report the criminal charge to the Arizona Department of Insurance?
- Within 90 days
- Within 60 days
- Within 10 days
- Within 30 days Correct answer.
Explanation
Arizona licensees must report criminal prosecutions and administrative actions to the Department within 30 days. The duty applies even before the charge is resolved. A shorter or longer period would not satisfy the reporting rule.
Question 16Arizona insurance law and adjuster licensing regulations
Which requirement applies to an individual seeking an initial Arizona public adjuster license?
- Purchasing a professional liability policy
- Filing a surety bond with the Department Correct answer.
- Posting a cash deposit with the state treasurer
- Obtaining a letter of credit from a bank
Explanation
An applicant for an Arizona public adjuster license must file a surety bond with the Department. The bond protects insureds and is a condition of licensure. A cash deposit, letter of credit, or liability policy does not replace the required bond.
Question 17Arizona insurance law and adjuster licensing regulations
An Arizona public adjuster is already representing an insured on a claim. The insurer then asks the adjuster to also represent the insurer on that same claim. What should the adjuster do?
- Accept if the insured signs a consent form
- Decline due to the conflict of interest Correct answer.
- Accept if the insurer discloses the arrangement
- Accept only if the adjuster reduces the fee
Explanation
A public adjuster represents the insured and may not also represent the insurer on the same claim. The conflict is inherent and is not cured by insured consent, disclosure, or a fee reduction. The adjuster should decline the insurer's request.
Question 18Arizona insurance law and adjuster licensing regulations
An adjuster holds an Arizona company adjuster license and is employed by one insurer. The adjuster wants to adjust claims for a different insurer for a fee. What must the adjuster obtain?
- No additional license because all adjuster licenses are identical
- An independent adjuster license Correct answer.
- A public adjuster license
- A producer license
Explanation
A company adjuster license limits the adjuster to claims for the employer insurer. Adjusting claims for another insurer for compensation requires an independent adjuster license. A public adjuster license represents insureds, and a producer license covers selling insurance.
Question 19Arizona insurance law and adjuster licensing regulations
An Arizona public adjuster prepares a contract for an insured. Which term must the written contract include?
- The fee or the method for calculating it Correct answer.
- A waiver of the insured's right to cancel the contract
- A guarantee that the claim will be paid in full
- The insurer's internal claim file number
Explanation
Arizona requires public adjuster contracts to be written and to disclose the fee or the method for calculating it. The contract may not waive the insured's cancellation rights or guarantee a claim outcome. The insurer's internal claim number is not a required contract term.
Question 20Arizona insurance law and adjuster licensing regulations
An Arizona adjuster fails to complete the required continuing education and the license lapses. The adjuster continues investigating claims for an insurer. Which statement is correct?
- The adjuster may continue for 90 days while renewing
- The adjuster is engaged in unlicensed activity Correct answer.
- The adjuster may continue if the insurer supervises the work
- Only the insurer can be penalized for the lapse
Explanation
Once an Arizona adjuster license lapses, the person may not continue adjusting claims. Continuing to investigate claims is unlicensed activity and subjects the adjuster to penalties. Insurer supervision or a grace period does not authorize unlicensed adjusting.
Question 21Arizona insurance law and adjuster licensing regulations
Which Arizona agency administers the licensing and regulation of insurance adjusters?
- The Department of Insurance and Financial Institutions Correct answer.
- The Department of Real Estate
- The Corporation Commission
- The Secretary of State's licensing division
Explanation
Arizona adjuster licensing is administered by the Department of Insurance and Financial Institutions (DIFI). DIFI processes applications, issues licenses, monitors continuing education, and pursues disciplinary action under the insurance code.
Question 22Arizona insurance law and adjuster licensing regulations
What is the minimum age for an individual to qualify for an Arizona adjuster license?
- 16 years old
- 21 years old
- 18 years old Correct answer.
- 25 years old
Explanation
An applicant for an Arizona adjuster license must be at least eighteen years old. The age requirement is part of the initial qualification standards, along with the application, fee, and examination requirements.
Question 23Arizona insurance law and adjuster licensing regulations
Before an initial Arizona adjuster license is issued, an applicant generally must do which of the following?
- Pass the required licensing examination Correct answer.
- Post a $100,000 cash deposit
- Complete a four-year degree in insurance
- Obtain a letter from an insurer
Explanation
An initial Arizona adjuster applicant generally must pass the required licensing examination. The examination tests knowledge of insurance principles and Arizona insurance laws and regulations.
Question 24Arizona insurance law and adjuster licensing regulations
An Arizona adjuster license is issued for a term of how many years before renewal is required?
- One year
- Three years
- Four years
- Two years Correct answer.
Explanation
Arizona adjuster licenses are issued on a two-year term and must be renewed by the licensee. Renewal generally requires completing continuing education and paying the required fee.
Question 25Arizona insurance law and adjuster licensing regulations
Which statement about the transferability of an Arizona adjuster license is correct?
- The license may be transferred with Department approval.
- The license may be sold with an adjusting business.
- The license may be assigned to a spouse.
- The license may not be transferred to another person. Correct answer.
Explanation
An Arizona adjuster license is personal to the licensee and cannot be transferred or assigned to another person. A new owner or employee must qualify for and obtain a separate license.
Question 26Arizona insurance law and adjuster licensing regulations
An Arizona-licensed adjuster legally changes their name. Within what period must the adjuster notify the Department?
- 90 days
- 10 days
- 60 days
- 30 days Correct answer.
Explanation
An Arizona adjuster must notify the Department of a legal name change within thirty days. The notice keeps the licensing record current and allows the Department to match the license to the adjuster's legal identity.
Question 27Arizona insurance law and adjuster licensing regulations
What is generally required of an Arizona public adjuster to protect insureds who rely on the adjuster's handling of claim funds?
- A professional liability policy
- A letter of credit
- A surety bond filed with the Department Correct answer.
- A trust account held by the insurer
Explanation
Arizona requires a public adjuster to file a surety bond with the Department. The bond provides a source of recovery if the public adjuster mishandles funds or fails to meet obligations to an insured.
Question 28Arizona insurance law and adjuster licensing regulations
An Arizona public adjuster contracts to handle an insured's property claim. Which compensation arrangement is generally permissible?
- A fee paid by the insurer to expedite the claim
- A salary paid by the Department
- A fee collected from the insured before any contract is signed
- A percentage of the settlement stated in the written contract Correct answer.
Explanation
A public adjuster may be compensated by a percentage of the settlement as stated in the written contract with the insured. The fee arrangement must be disclosed in advance and agreed to by the insured.
Question 29Arizona insurance law and adjuster licensing regulations
Which individual is generally exempt from Arizona adjuster licensing when performing acts within the scope of the profession?
- A public adjuster
- An independent adjuster
- A licensed attorney Correct answer.
- A company adjuster
Explanation
A licensed attorney acting in the professional practice of law is generally exempt from Arizona adjuster licensing. The exemption recognizes that legal representation in claim matters is regulated through the State Bar.
Question 30Arizona insurance law and adjuster licensing regulations
An Arizona public adjuster is asked to represent an insured on a claim in which the adjuster owns a 25% interest in the damaged property. What should the adjuster do?
- Accept the representation if the interest is disclosed to the insured
- Decline the representation because of the conflict of interest Correct answer.
- Refer the matter to another public adjuster and split the fee
- Accept the representation if the insurer approves
Explanation
A public adjuster must avoid representing an insured when the adjuster has a personal financial interest in the claim. The conflict prevents the adjuster from giving undivided loyalty to the insured, so the representation should be declined.
Question 31Arizona insurance law and adjuster licensing regulations
An individual licensed as an Arizona adjuster moves and changes their business address. Within what period must the adjuster notify the Department of Insurance and Financial Institutions?
- 10 days
- 30 days Correct answer.
- 90 days
- 60 days
Explanation
Arizona requires a licensed adjuster to notify the Department of Insurance and Financial Institutions within 30 days after a change of address. The reporting duty keeps the Department's licensing records current so official notices can reach the licensee. A shorter or longer period would not match the statutory deadline.
Question 32Arizona insurance law and adjuster licensing regulations
During each two-year continuing education period, how many of an Arizona adjuster's required credit hours must be in ethics?
- 6 hours
- 3 hours Correct answer.
- 1 hour
- 12 hours
Explanation
Arizona adjusters must complete 24 continuing education hours every two years, and at least 3 of those hours must cover ethics. The ethics requirement is a minimum within the total requirement, not an additional amount added on top of it.
Question 33Arizona insurance law and adjuster licensing regulations
A nonresident adjuster licensed in good standing in another state applies for an Arizona adjuster license. Arizona generally will issue a nonresident license if the applicant does what?
- The applicant maintains a business office within Arizona and files a surety bond with the Department
- The applicant moves to Arizona and establishes residency within ninety days after applying
- The applicant holds a license in good standing in a state that extends reciprocity to Arizona adjusters Correct answer.
- The applicant passes the Arizona adjuster examination and completes the required prelicensing course
Explanation
Arizona grants nonresident adjuster licenses on a reciprocal basis when the applicant is licensed and in good standing in a home state that extends similar treatment to Arizona adjusters. The applicant generally does not have to pass Arizona's examination or open an Arizona office to obtain nonresident status.
Question 34Arizona insurance law and adjuster licensing regulations
An Arizona public adjuster negotiates a contract that gives the adjuster 15 percent of the insurance settlement proceeds. Which statement is correct?
- The fee is permissible because a public adjuster may charge any agreed percentage on a commercial claim.
- The contract is enforceable because Arizona does not regulate the amount of a public adjuster's fee.
- The fee exceeds the statutory maximum and is therefore unenforceable. Correct answer.
- The contract is enforceable if the insurer approves the fee in writing before the settlement is paid.
Explanation
Arizona limits a public adjuster's compensation to 10 percent of the insurance settlement proceeds paid to the insured. A contract term calling for 15 percent exceeds that statutory cap, so the excessive fee provision cannot be enforced.
Question 35Insurance principles and policy provisions
Which principle requires that a person stand to suffer a financial loss if the insured property is damaged or destroyed?
- Indemnity
- Insurable interest Correct answer.
- Adhesion
- Subrogation
Explanation
Insurable interest requires a pecuniary relationship with the subject matter, so the insured benefits from its continued existence and is harmed by its loss. It reinforces the indemnity principle by limiting recovery to genuine financial loss and helps prevent insurance from becoming a wagering contract.
Question 36Insurance principles and policy provisions
A homeowner applying for coverage states that the roof was replaced two years ago. The statement is made in good faith but later proves inaccurate. In insurance terms, this statement is best described as:
- A representation, a statement of fact believed true Correct answer.
- A warranty, because it appears in the application
- A concealment, because the roof age was misstated
- An estoppel, because the insurer relied on the application
Explanation
A representation is a statement of fact made by the applicant and believed true to the best of the applicant's knowledge; it need not be literally perfect. If it is material and made with intent to deceive, the insurer may have grounds to rescind. A warranty, by contrast, is a promise or condition that must be literally satisfied.
Question 37Insurance principles and policy provisions
The principle of indemnity is intended to:
- Guarantee new-for-old replacement on every claim
- Restore the insured to the pre-loss financial position Correct answer.
- Allow the insured to profit from a covered loss
- Shift the insured's legal duties to the insurer
Explanation
Indemnity seeks to place the insured in approximately the same financial position occupied before the loss, no better and no worse. It explains why policy limits, deductibles, and actual cash value calculations exist, and it prevents a claimant from turning a loss into a gain.
Question 38Insurance principles and policy provisions
After paying a collision claim, an insurer demands reimbursement from the negligent driver who caused the crash. Which right is the insurer exercising, and when does that right arise?
- Salvage rights, arising when the damaged vehicle is sold
- Contribution, arising when two policies cover the same loss
- Arbitration, arising under the policy's appraisal clause
- Subrogation, arising upon payment of the loss Correct answer.
Explanation
Subrogation is the insurer's right, after paying a covered loss, to step into the insured's shoes and pursue the party legally responsible for the loss. It arises upon payment and supports indemnity by preventing double recovery, since the insured may not also collect from the responsible party for the same loss.
Question 39Insurance principles and policy provisions
A commercial building valued at 1,000,000 is insured for 600,000 under a policy with an 80% coinsurance clause and a 2,000 deductible. A covered fire loss of 200,000 occurs. Ignoring all other provisions, what amount is payable?
- 198,000
- 150,000
- 200,000
- 148,000 Correct answer.
Explanation
An 80% coinsurance requirement means the insured should have carried 800,000, which is 80% of the 1,000,000 value. Because only 600,000 was purchased, the claim is reduced to 600,000 divided by 800,000, or 75%, of the 200,000 loss, giving 150,000. The 2,000 deductible is then subtracted, leaving 148,000 payable.
Question 40Insurance principles and policy provisions
A policy carries a 500 deductible and a covered loss of 1,200 occurs. No other provision affects the amount, and the loss exceeds the deductible. What does the insurer pay?
- 700, the loss less the deductible Correct answer.
- 500, the deductible amount
- 1,200, because the loss exceeds the deductible
- 1,700, the loss plus the deductible
Explanation
A deductible is the portion of a covered loss the insured absorbs before the insurer responds. Subtracting the 500 deductible from the 1,200 covered loss leaves 700 payable, assuming no other limitation such as a policy limit or valuation clause applies.
Question 41Insurance principles and policy provisions
The same 60,000 property loss is covered by two policies on the same basis: Policy A with a 100,000 limit and Policy B with a 50,000 limit. Neither policy contains an other-insurance clause making it excess. Under pro rata apportionment, how much does each policy pay?
- A pays 30,000 and B pays 30,000
- A pays 60,000 and B pays 0
- A pays 50,000 and B pays 10,000
- A pays 40,000 and B pays 20,000 Correct answer.
Explanation
When two policies cover the same loss on the same basis and neither is written as excess, each pays in proportion to its limit divided by the total limits. Policy A carries 100,000 of the 150,000 combined limits and therefore pays two-thirds of 60,000, or 40,000, while Policy B pays the remaining 20,000.
Question 42Insurance principles and policy provisions
Which of the following post-loss duties most directly enables an insurer to begin investigating a claim while the evidence is still available?
- Sign a full release of all claims before payment
- Pay any remaining premium due under the policy
- Notify the insurer promptly of the loss Correct answer.
- Provide a certified copy of the declarations page
Explanation
Property policies require the insured to give prompt notice of a loss so the insurer can investigate the cause and extent of damage while evidence is fresh and before repairs remove it. Failure to give timely notice can prejudice the insurer's investigation and may reduce or bar recovery, depending on the prejudice suffered.
Question 43Insurance principles and policy provisions
A roof with a 25-year useful life is 10 years old and would cost 12,000 to replace today. No other factors affect valuation. What is the actual cash value of the roof?
- 7,200 Correct answer.
- 9,600
- 12,000
- 4,800
Explanation
Actual cash value is replacement cost minus depreciation. A roof 10 years into a 25-year life has lost 40% of its value, which is 4,800 of the 12,000 replacement cost, leaving an actual cash value of 7,200. Replacement cost coverage would instead pay the full 12,000 once repairs are completed.
Question 44Insurance principles and policy provisions
An architect's professional liability policy is written on a claims-made basis with a retroactive date. A design error occurred in 2019 and a claim is first made against the architect in 2023, while the policy is in force. How does this policy's trigger differ from an occurrence policy?
- The claims-made policy responds based on when the claim is made Correct answer.
- Neither policy responds unless the claim is reported before the act occurs
- The claims-made policy responds only if the act occurred during the policy period
- Both policies respond based on when the negligent act took place
Explanation
Claims-made coverage is triggered by the making of a claim during the policy period, subject to any retroactive date that bars coverage for acts occurring before that date. Occurrence coverage is triggered by the injurious event happening during the policy period, regardless of when a claim is later filed. The distinction matters greatly for long-tail exposures such as design and construction defects.
Question 45Insurance principles and policy provisions
An insurance policy includes a declarations page. What information does that page primarily provide?
- The circumstances under which coverage is excluded
- The insurer's broad promise to pay covered losses
- The named insured, dates, limits, and covered property Correct answer.
- The insured's duties after a covered loss occurs
Explanation
The declarations page summarizes the key facts of the individual policy, including the named insured, policy period, limits, deductibles, and described property. The insuring agreement contains the broad promise to pay, while conditions and exclusions appear elsewhere in the policy.
Question 46Insurance principles and policy provisions
An insurer cancels a policy midterm and returns the unused premium on a pro rata basis. How is that refund calculated?
- It returns premium for the unexpired term Correct answer.
- It is reduced by a short-rate penalty
- It is held until every claim is closed
- It returns the entire premium originally paid
Explanation
A pro rata refund returns the portion of premium that applies to the remaining policy period, without a penalty for early cancellation. A short-rate refund, by contrast, reduces the return because the insured is charged for the time coverage was in force at a higher rate.
Question 47Insurance principles and policy provisions
An insurer broadens its standard coverage form after a policy has already been issued. A liberalization clause in the existing policy generally does what?
- Limits the broader coverage to new policyholders only
- Extends the broader coverage automatically if no additional premium is required Correct answer.
- Requires the insured to buy an endorsement before the broader coverage applies
- Applies only when the policy is renewed or replaced
Explanation
A liberalization clause lets existing policyholders receive broadened coverage that the insurer adopts in a later form, provided the change does not require additional premium and falls within the clause's time frame. It avoids penalizing insureds who bought before the form was improved.
Question 48Insurance principles and policy provisions
An adjuster sends written notice that a late-reported claim will still be handled and will not be denied for late notice. The insured relies on that statement. Which doctrine can prevent the insurer from later raising late notice as a defense?
- Indemnity
- Subrogation
- Estoppel Correct answer.
- Coinsurance
Explanation
Estoppel arises when one party makes a statement or engages in conduct that another party reasonably relies on to their detriment, and the first party is then barred from taking an inconsistent position. Waiver is the voluntary relinquishment of a known right; estoppel focuses on the reliance.
Question 49Insurance principles and policy provisions
An insured sells a covered home and wants to transfer the homeowners policy to the buyer. What is the general rule for assignment of the policy?
- It transfers automatically once the deed is recorded
- It transfers if the buyer pays the next premium
- It cannot be assigned without the insurer's written consent Correct answer.
- It transfers only after the buyer files a claim
Explanation
Insurance is personal and insurers underwrite the named insured, so a policy generally cannot be assigned without the insurer's written consent. A new owner usually needs a new policy or an endorsement adding them as an insured.
Question 50Insurance principles and policy provisions
An insurer and an insured agree that a fire loss is covered but disagree about the amount of damage. Which policy provision lets each side choose a competent appraiser to resolve the amount?
- Subrogation
- Arbitration
- Appraisal Correct answer.
- Salvage
Explanation
The appraisal provision is used to resolve disputes about the amount of loss, not whether coverage applies. Each party selects an appraiser, and the appraisers may choose an umpire if they disagree.