Claims Adjuster flashcards
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32 cards. Read the term and the definition here. The deck at the top of this page is optional.
- Actual cash value
- ACV equals replacement cost minus depreciation; it indemnifies the insured for the present value of the damaged property rather than the cost of buying new property of like kind.
- Insurable interest
- A financial stake in the property or person insured such that the insured suffers genuine economic loss from damage; required at policy inception for life insurance and at the time of loss for property.
- Principle of indemnity
- The insured is restored to approximately the same financial position held before the loss, never better; this principle caps recovery at the amount of the actual loss.
- Coinsurance clause formula
- Payment equals (insurance carried divided by insurance required) times the loss, where insurance required equals the coinsurance percentage multiplied by the property's value at the time of loss.
- Occurrence policy trigger
- Coverage applies to injury or damage that takes place during the policy period, regardless of when the claim is later reported, so the loss date controls.
- Claims-made policy trigger
- Coverage applies when a claim is first made during the policy period, subject to a retroactive date and any extended reporting period the insured purchases.
- Utmost good faith
- Both parties must disclose material facts; the insurer's usual remedy for an applicant's concealment or material misrepresentation is rescission of the policy or denial of the claim.
- First notice of loss
- The initial report of a loss; record the date and time received, location, parties, policy number, and reported cause verbatim before discussing coverage.
- Reservation of rights letter
- Written notice that the insurer is still investigating and may deny coverage, preserving its coverage defenses while it continues to defend the insured.
- Examination under oath
- A policy condition requiring the insured to answer sworn questions from the insurer; an unjustified refusal can bar recovery even for an otherwise covered loss.
- Proof of loss
- A sworn, itemized statement of the amounts claimed, usually due within a set number of days after the insurer's written request for it.
- Fraud indicators
- Red flags including coverage purchased or increased shortly before loss, financial distress, prior similar claims, missing records, and refusal to provide documentation.
- Chain of custody
- A documented chronological record of everyone who handled physical evidence, used to prevent challenges to authenticity, integrity, or contamination at later proceedings.
- Suit limitation condition
- Policy conditions and statutes set a deadline, commonly one to three years after the loss, for filing suit against the insurer.
- Burden of proof allocation
- The insured must show the loss falls within the insuring agreement, the insurer must prove an exclusion applies, and the insured must prove any exception restoring coverage.
- Contra proferentem
- The rule that genuinely ambiguous policy wording is construed against the party who drafted it, which is usually the insurer, resolving the doubt in favor of coverage.
- Efficient proximate cause
- When a covered peril and an excluded peril combine to cause damage, the dominant or initiating cause determines coverage in jurisdictions following this doctrine.
- Ensuing loss clause
- A clause restoring coverage for resulting damage from a specified cause even though the event that initiated the sequence is excluded under the policy.
- Additional insured status
- Coverage for a third party limited to liability arising out of the named insured's operations or premises, as defined by the endorsement and the underlying policy.
- Defense within limits
- A policy form in which defense costs are paid out of the liability limit, so legal fees erode the amount available to settle the claim.
- Replacement cost valuation
- Pays the cost to repair or replace with new material of like kind and quality without deducting depreciation, often conditioned on the repairs being completed within a stated time.
- Depreciation
- The reduction in value caused by age, wear and tear, and obsolescence; computed as age divided by useful life, multiplied by replacement cost.
- Business income loss formula
- Net profit plus continuing normal operating expenses, minus expenses that cease during the shutdown, measured over the period of restoration.
- Period of restoration
- The reasonable time needed to repair or replace damaged property with due diligence, ending when the business could resume at the described premises.
- Additional living expense
- The necessary increase in living costs above normal expenses while the residence is uninhabitable, limited to the reasonable time required to repair or replace.
- Vehicle total loss valuation
- Based on actual cash value derived from comparable local market listings plus taxes and transfer fees, less salvage value if the insured keeps the vehicle.
- Settlement authority
- The maximum dollar amount an adjuster may pay without supervisory approval; exceeding it without approval creates liability for the adjuster and the insurer.
- Full release
- A document in which the claimant gives up all claims arising from the incident in exchange for payment, ending the insurer's further liability.
- Accord and satisfaction
- Acceptance of a check tendered as full and final payment for a disputed claim; cashing it generally discharges the debt and ends the dispute.
- Concession pattern
- Open near the reservation price with a documented basis, then make progressively smaller concessions so the claimant can see the offer is nearing its ceiling.
- Time-limited policy demand
- A claimant's offer to settle within policy limits if accepted by a deadline; an unreasonable refusal can expose the insurer to an excess judgment.
- Bad faith exposure
- Unreasonable denial or delay, failure to investigate, or offers with no factual basis can produce extra-contractual damages beyond the policy limit.