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Casualty-Only: Casualty Policy Structure, Provisions, and Conditions

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Casualty Policy Structure, Provisions, and Conditions

Casualty policies share one skeleton: declarations, insuring agreement, exclusions, conditions, and endorsements. This domain tests whether you can read that skeleton, apply limits correctly, and honor conditions and other-insurance mechanics the way a claim file or underwriting referral demands.

The building blocks

  • Declarations: named insured, policy period, limits, forms and endorsements attached, deductibles and retentions.
  • Insuring agreement: the broad promise; exclusions narrow it back; conditions set the insured's duties.
  • Endorsements amend the form and control over conflicting base-form language - read the endorsement first.

Conditions that decide claims

  • Notice must be prompt; in most states the insurer must show prejudice before denying for late notice.
  • The insured must cooperate, and the insurer holds the right to control defense and settlement.
  • Subrogation transfers the insured's recovery rights to the insurer after payment, and the insured may not impair them.
  • Liberalization clauses extend newly broadened form provisions to existing policies at no charge.

Limits and defense

  • Split limits apply per person and per occurrence; a combined single limit applies one amount to all damages from one accident.
  • Self-insured retentions are paid by the insured before the insurer responds; deductibles are typically subtracted from the payment.
  • Supplementary payments - defense costs, bail bonds, loss-of-earnings up to a daily cap - usually sit outside the limit.

Other insurance

  • Pro rata: each policy pays its share based on its limit.
  • Excess: this policy pays only after primary limits exhaust.
  • When primary and excess clauses conflict, the more specific clause often prevails, and courts may make both policies primary and equal.

Worked example

A $300,000 auto liability loss is covered by Policy A ($1,000,000 limit, pro rata other-insurance clause) and Policy B ($500,000 limit, pro rata clause). Combined limits are $1,500,000. Policy A pays $1,000,000 ÷ $1,500,000 × $300,000 = $200,000; Policy B pays $500,000 ÷ $1,500,000 × $300,000 = $100,000. The loss is fully paid and the insured owes nothing.

Traps that cost marks

  • Assuming a certificate of insurance grants coverage.
  • Forgetting an endorsement overrides the printed form.
  • Treating the aggregate as replenished per claim.