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Question 1Insurance principles, concepts, and contract law
Which principle requires a policyholder to have a financial stake in the property or person insured at the time the policy is issued?
- The principle of indemnity
- Insurable interest Correct answer.
- The right of contribution
- The right of subrogation
Explanation
Insurable interest means the policyholder would suffer a financial loss from the destruction or loss of the insured property or person. It helps prevent insurance from being used as a wagering contract. Subrogation, contribution, and indemnity are separate insurance principles.
Question 2Insurance principles, concepts, and contract law
The principle of indemnity is intended to do which of the following?
- Allow the insured to profit from a loss
- Restore the insured to the prior financial position Correct answer.
- Transfer the insured's liability to a third party
- Guarantee payment for all losses regardless of cause
Explanation
Indemnity means the insured should be restored to approximately the same financial position after a loss, no better and no worse. It prevents recovery that exceeds the actual loss. Payments for liability or guarantees of all losses are governed by other policy terms.
Question 3Insurance principles, concepts, and contract law
After paying a covered claim, an insurer may pursue the at-fault party to recover the amount paid. This right is known as:
- Subrogation Correct answer.
- Estoppel
- Coinsurance
- Contribution
Explanation
Subrogation gives the insurer the right to step into the insured's shoes and pursue a responsible third party after paying a covered claim. It supports the principle of indemnity by preventing double recovery. Contribution and coinsurance involve sharing losses among insurers or between insured and insurer.
Question 4Insurance principles, concepts, and contract law
An insurance contract is considered aleatory because:
- Only the insurer makes a legally enforceable promise
- Both parties exchange promises of equal value
- The insured must perform all conditions before coverage applies
- The amounts exchanged may be unequal depending on a loss Correct answer.
Explanation
Aleatory means the performance of the parties is contingent on an uncertain event, so the amounts exchanged may be unequal. A small premium may result in a large claim payment, or no payment at all. Equal exchanges and one-sided promises describe other contract characteristics.
Question 5Insurance principles, concepts, and contract law
An insurance policy is a unilateral contract because:
- The insured may cancel the policy at any time without penalty
- The insurer may change the policy terms without notifying the insured
- Only the insurer is bound to pay covered claims Correct answer.
- Both the insurer and the insured must perform at the same time
Explanation
In a unilateral insurance contract, only the insurer makes a legally enforceable promise to pay covered claims. The insured is not legally bound to pay premiums or keep the policy in force, although coverage may lapse if premiums are not paid. Bilateral contracts involve enforceable promises from both parties.
Question 6Insurance principles, concepts, and contract law
For an insurance contract to be legally enforceable, it must:
- Have a lawful purpose Correct answer.
- Provide coverage for every possible loss
- Be written in plain language
- Be approved by a court before it takes effect
Explanation
A contract must have a lawful purpose to be enforceable. Insurance contracts that cover illegal activities or violate public policy are generally void. Plain language, court approval, and all-risk coverage are not universal legal requirements.
Question 7Insurance principles, concepts, and contract law
The principle of utmost good faith in insurance requires the applicant to:
- Pay the first month's premium before coverage begins
- Report every minor change in the risk within 24 hours
- Accept all policy endorsements offered by the insurer
- Disclose material facts relevant to the risk Correct answer.
Explanation
Utmost good faith requires each party to disclose material facts that affect the risk. The insurer relies on the applicant's disclosures during underwriting. Paying premium, accepting endorsements, and reporting minor changes are not the core duty.
Question 8Insurance principles, concepts, and contract law
An applicant for homeowners insurance states that the home has a new roof when it actually has a 25-year-old roof. The insurer issues the policy and later discovers the truth. This statement is best described as:
- A material misrepresentation allowing rescission Correct answer.
- A concealment of a material fact
- A warranty that automatically voids the policy
- An innocent misrepresentation with no legal effect
Explanation
A false statement of a material fact that induces the insurer to issue coverage is a material misrepresentation. The insurer may rescind the policy or deny a claim if the misrepresentation was material. Concealment involves silence, not an affirmative false statement.
Question 9Insurance principles, concepts, and contract law
Concealment occurs when an insurance applicant:
- Intentionally withholds a material fact Correct answer.
- Fails to pay the premium on time
- Submits a claim for a loss that is covered
- Provides an incorrect address on the application
Explanation
Concealment is the intentional failure to disclose a material fact that the insurer needs to evaluate the risk. It differs from a misrepresentation, which is an affirmative false statement. Late premium payment and covered claims are unrelated.
Question 10Insurance principles, concepts, and contract law
When two insurance policies cover the same loss and both contain a contribution clause, how do the insurers typically share the payment?
- The insurer that issued the first policy pays the full loss
- No insurer pays until the insured files a lawsuit
- The insured chooses one insurer to pay the entire claim
- Each insurer pays its proportionate share of the loss Correct answer.
Explanation
Contribution clauses let multiple insurers share a loss so the insured does not collect more than the actual loss. Each insurer typically pays its proportionate share based on its policy limit or other formula. The insured does not choose one insurer to pay the entire claim when contribution applies.
Question 11Insurance principles, concepts, and contract law
A contract of adhesion is one in which:
- One party drafts terms and the other accepts them Correct answer.
- Both parties negotiate every term equally
- The insured writes the policy language
- A court must approve all terms before enforcement
Explanation
A contract of adhesion is drafted by one party, usually the insurer, and presented to the other party on a take-it-or-leave-it basis. Because the insured has little bargaining power over the wording, ambiguities are often construed against the drafter. Negotiated terms and court approval are not required.
Question 12Insurance principles, concepts, and contract law
An insurance policy is a conditional contract because:
- The insured must always pay a deductible before coverage applies
- The insurer's duty to pay depends on policy conditions Correct answer.
- The policy is not enforceable until a loss occurs
- The insurer can cancel only for nonpayment of premium
Explanation
A conditional contract means the insurer's obligation to pay depends on the insured satisfying policy conditions, such as providing notice or proof of loss. The condition does not eliminate coverage merely because a loss has not yet occurred. Deductibles are common but not the definition of a conditional contract.
Question 13Insurance principles, concepts, and contract law
In the formation of an insurance contract, the applicant's completed application generally serves as:
- The warranty
- The offer Correct answer.
- The consideration
- The acceptance
Explanation
The applicant's completed application is generally treated as the offer to enter into insurance. The insurer accepts the offer by issuing the policy or otherwise agreeing to provide coverage. Consideration is the premium and the insurer's promise to pay.
Question 14Insurance principles, concepts, and contract law
What constitutes consideration in an insurance contract?
- The applicant's good faith during underwriting
- The premium and the insurer's promise to pay claims Correct answer.
- The policy's declarations page and endorsements
- Only the insurer's promise to pay claims
Explanation
Consideration is the value each party gives: the insured pays premium and the insurer promises to pay covered claims. It makes the contract enforceable. Good faith alone and policy documents are not the consideration.
Question 15Insurance principles, concepts, and contract law
Which of the following best describes the competent parties requirement for an insurance contract?
- The parties must have legal capacity to contract Correct answer.
- The policy must be reviewed by an attorney before signing
- The insurer must be licensed in every state
- The insured must have prior insurance experience
Explanation
Competent parties means both the insured and the insurer have the legal capacity to enter into a contract. This generally excludes minors and persons lacking mental capacity, and requires a licensed insurer. Prior insurance experience and attorney review are not required.
Question 16Insurance principles, concepts, and contract law
An insurance agent who is given express authority to bind coverage but also routinely performs related acts that the insurer knows about is exercising:
- Express authority and implied authority Correct answer.
- Fiduciary authority, because the agent handles premiums
- Apparent authority only, because the insurer knows of the acts
- Implied authority only, because the acts are routine
Explanation
Express authority is given explicitly by the insurer, while implied authority is the authority to perform acts reasonably necessary to carry out the express authority. If the insurer knows about and accepts the agent's routine related acts, both express and implied authority are present. Apparent authority arises from the insured's reasonable belief based on the insurer's conduct.
Question 17Insurance principles, concepts, and contract law
A policy contains a statement that the insured building has a functioning sprinkler system. Under traditional insurance contract law, this statement is a warranty. If the sprinkler system is not functioning at the time of a loss, what is the most likely result?
- The insurer may pay only if the insured did not know the system was off
- The insurer must pay because the loss was caused by fire, not by the sprinkler
- The insurer must pay because warranties are only promises to provide proof of loss
- The insurer may deny the claim because a warranty must be literally true Correct answer.
Explanation
Under traditional contract law, a warranty is a condition that must be literally true for coverage to apply. A breach of warranty can allow the insurer to deny a claim even if the breach is unrelated to the loss. Modern statutes may modify this rule, but the question asks about traditional law.
Question 18Insurance principles, concepts, and contract law
A property policy has an 80% coinsurance clause and a limit of $80,000. The insured building is valued at $200,000. A covered loss of $50,000 occurs. Using the coinsurance formula, how much will the insurer pay, assuming no deductible?
- $80,000
- $25,000 Correct answer.
- $40,000
- $50,000
Explanation
The coinsurance formula is (insurance carried / insurance required) x loss. Required insurance is 80% of $200,000, or $160,000. Carried insurance is $80,000, so the insurer pays 80,000 / 160,000 x $50,000 = $25,000.
Question 19Insurance principles, concepts, and contract law
An insurer's adjuster tells the insured in writing that a late-reported claim will be accepted, even though the policy requires notice within 30 days. The insurer later tries to deny the claim for late notice. Which legal doctrine most likely prevents the denial?
- Estoppel Correct answer.
- Coinsurance
- Subrogation
- Contribution
Explanation
Estoppel prevents an insurer from denying coverage after it has made a definite representation or engaged in conduct on which the insured reasonably relied. A written statement accepting a late claim can support waiver and estoppel. Subrogation, contribution, and coinsurance do not address this situation.
Question 20Insurance principles, concepts, and contract law
An insured claims that an agent orally promised coverage for a peril that is excluded in the written policy. If a court applies the parol evidence rule, what is the likely outcome?
- The oral promise always overrides the written policy
- The court must reform the policy to include the oral promise
- The oral promise is admissible only if the agent is licensed
- The written policy controls; oral promises are inadmissible Correct answer.
Explanation
The parol evidence rule generally prevents prior or contemporaneous oral statements from changing the terms of a fully integrated written contract. An insured usually cannot rely on an oral promise that conflicts with a clear policy exclusion. Exceptions may apply, but the written policy is presumed to control.
Question 21Insurance principles, concepts, and contract law
A group of homeowners each pays a premium into an insurer's pool so that funds are available to pay covered losses suffered by any member of the group. Which risk-management technique does this arrangement primarily illustrate?
- Loss prevention
- Risk transfer Correct answer.
- Risk retention
- Risk avoidance
Explanation
Insurance transfers the financial consequences of covered losses from the insured to the insurer, which spreads the risk across a pool of policyholders. Avoidance eliminates an exposure, retention assumes it, and prevention reduces the chance of loss.
Question 22Insurance principles, concepts, and contract law
An applicant completes a homeowners insurance application and pays the first premium on Monday. The agent issues a binder effective Monday, and the policy is later issued with a Monday effective date. If a covered loss occurs on Tuesday, what is the effect of the binder?
- Coverage exists only after the insurer approves the application and issues the policy.
- No coverage exists at any time before the insurer physically delivers the issued policy.
- The binder permanently expands coverage beyond the written terms of the policy.
- Temporary coverage exists until the policy is issued or the binder expires. Correct answer.
Explanation
A binder provides temporary evidence or a temporary contract of insurance until the permanent policy is issued or the binder expires. Its coverage is subject to the binder's terms and does not permanently broaden the policy.
Question 23Insurance principles, concepts, and contract law
An insured sells a rental house covered by a homeowners-style policy and gives the buyer the existing policy, intending for the buyer to have coverage. The policy requires the insurer's written consent to any assignment. A fire loss occurs two weeks after the sale. How is the policy's personal nature most likely applied?
- The policy remains with the seller, who may collect for the buyer's loss because the property was once insured.
- The policy automatically follows the property to the buyer because property insurance insures the building itself.
- The buyer may enforce the policy as an assignee because the seller physically delivered the policy document.
- The policy does not automatically transfer to the buyer without the insurer's consent. Correct answer.
Explanation
Property insurance is generally a personal contract between the insurer and the named insured, even though it covers property. When the policy requires the insurer's consent to assignment, delivery of the policy to a buyer does not automatically transfer coverage.
Question 24Property insurance basics and policy provisions
In property insurance, when must the insured generally have insurable interest in the covered property?
- Only when the application is signed
- At the time of the loss Correct answer.
- Only when the policy is delivered
- At every renewal date during the policy term
Explanation
Property insurance requires insurable interest at the time of loss so the insured suffers a financial detriment. A mere expectation or future interest generally does not support a claim.
Question 25Property insurance basics and policy provisions
The principle of indemnity in property insurance is intended to do which of the following?
- Provide a profit when a covered loss occurs
- Restore the insured to the pre-loss financial position Correct answer.
- Eliminate the need for a deductible
- Pay the entire policy face amount for every partial loss
Explanation
Indemnity restores the insured to the same financial position as before the loss, without creating a profit. It is a core limitation on property claim recovery.
Question 26Property insurance basics and policy provisions
Actual cash value is most commonly calculated as which of the following?
- Market value plus the policy deductible
- Replacement cost plus depreciation
- Original purchase price plus inflation
- Replacement cost minus depreciation Correct answer.
Explanation
Actual cash value reflects the depreciated value of covered property, commonly replacement cost less depreciation. It does not use original purchase price plus inflation as the standard measure.
Question 27Property insurance basics and policy provisions
What is the role of a deductible in a property insurance policy?
- It has the insured absorb a stated amount per loss Correct answer.
- It eliminates coverage for small losses only
- It increases the policy limit after a loss
- It transfers the first portion of a loss to the insurer
Explanation
A deductible is the amount the insured bears before the insurer pays a covered loss. It reduces premium and small claims but does not increase limits.
Question 28Property insurance basics and policy provisions
Which information is typically found on the declarations page of a property policy?
- The clause explaining how other insurance applies
- The insured, property, limits, and policy term Correct answer.
- The appraisal procedure and arbitration rules
- The detailed steps for filing a liability lawsuit
Explanation
The declarations page identifies the insured, covered property, limits, and policy period. Conditions such as appraisal, other insurance, and claim procedures appear elsewhere in the policy.
Question 29Property insurance basics and policy provisions
What is the function of an exclusion in a property insurance policy?
- It adds coverage that was not previously provided
- It describes the insured's duties after a loss
- It lists perils or losses the policy does not cover Correct answer.
- It sets the amount the insurer will pay for a total loss
Explanation
Exclusions remove or limit coverage for specified perils, property, or situations. Coverage additions are usually made by endorsements, while duties after loss appear in the conditions.
Question 30Property insurance basics and policy provisions
A property policy contains an 80 percent coinsurance clause. What is the main purpose of this clause?
- To waive the deductible when the limit equals the value
- To limit recovery to 80 percent of every covered loss
- To encourage insurance close to the property's value Correct answer.
- To require the insured to share all losses equally with the insurer
Explanation
Coinsurance encourages the insured to carry insurance close to the property's value. If the limit is below the required percentage, a penalty can reduce the claim payment.
Question 31Property insurance basics and policy provisions
How does replacement cost coverage differ from actual cash value coverage?
- It pays the original purchase price without any deduction
- It pays the market value of the property at the time of loss
- It pays repair or replacement cost without depreciation Correct answer.
- It pays only after the insured obtains a court judgment
Explanation
Replacement cost coverage pays the cost to repair or replace damaged property without deducting depreciation, subject to the policy limit. Actual cash value coverage deducts depreciation.
Question 32Property insurance basics and policy provisions
Which of the following is a typical duty of the insured after a covered property loss?
- Pay the insurer's claim investigation expenses
- Release the insurer from all further obligations
- Complete all permanent repairs before notifying the insurer
- Give prompt notice to the insurer Correct answer.
Explanation
Typical post-loss duties include giving prompt notice, protecting the property from further damage, submitting a proof of loss, and cooperating with the investigation. Permanent repairs are not required before notice.
Question 33Property insurance basics and policy provisions
What does the right of subrogation allow an insurer to do?
- Deny coverage solely because another policy exists
- Cancel a policy without notifying the insured
- Increase the policy limit after a covered loss
- Recover from a negligent third party after paying Correct answer.
Explanation
After paying a covered claim, the insurer may step into the insured's legal position and seek recovery from a responsible third party. This helps prevent the insured from collecting twice for the same loss.
Question 34Property insurance basics and policy provisions
Two property policies cover the same loss on a primary basis, and neither contains an excess clause. How do the insurers generally share the loss?
- The insured must select one policy and surrender the other
- The policy issued first pays the entire loss
- Each pays pro rata based on its share of the total Correct answer.
- The policy with the lower limit pays the entire loss
Explanation
When two primary policies cover the same loss, other insurance clauses commonly require pro rata contribution by limits. This prevents the insured from recovering more than the actual loss.
Question 35Property insurance basics and policy provisions
What does a standard mortgage clause in a property policy generally do?
- Protects the mortgagee's interest in loss proceeds Correct answer.
- Removes the mortgagee from any right to loss proceeds
- Requires the mortgagee to pay all future premiums
- Cancels the policy automatically when the property is sold
Explanation
A mortgage clause protects the lender's interest by providing rights to loss proceeds and often notice of cancellation or nonrenewal. It does not shift premium duties to the mortgagee.
Question 36Property insurance basics and policy provisions
How does a typical vacancy provision in a commercial property policy affect coverage?
- It may suspend coverage after a stated vacancy period Correct answer.
- It requires the insurer to pay for vandalism in all vacant buildings
- It automatically increases the policy limit during vacancy
- It converts the policy to replacement cost coverage
Explanation
Vacancy increases the risk of loss, so many commercial property policies suspend or restrict certain coverage after a building is vacant for a stated period. The provision does not increase limits or convert valuation methods.
Question 37Property insurance basics and policy provisions
When the insurer and insured disagree on the amount of a property loss, what does the appraisal provision typically allow?
- Each party to select an appraiser to determine the loss amount Correct answer.
- The insurer to deny the claim without further review
- The insured to establish the final claim amount without insurer input
- Either party to cancel the policy without penalty
Explanation
Appraisal is a valuation procedure for disputes over the amount of loss. Each side typically selects an appraiser, and the appraisers may choose an umpire if they disagree.
Question 38Property insurance basics and policy provisions
What is a proof of loss in property insurance?
- A court order requiring the insurer to pay
- A receipt showing the premium has been paid
- A sworn statement supporting a claim Correct answer.
- A notice that the policy has been cancelled
Explanation
A proof of loss is a formal, often sworn statement that documents the amount and cause of a claim. Policies commonly require it within a stated time after the loss.
Question 39Property insurance basics and policy provisions
What is the effect of an endorsement attached to a property policy?
- It automatically voids the entire policy
- It replaces all policy conditions with general common law rules
- It modifies the policy and controls conflicting form language Correct answer.
- It has no effect until the next policy anniversary
Explanation
An endorsement amends the policy by changing coverage, limits, or terms. When an endorsement conflicts with the base form, the endorsement generally controls.
Question 40Property insurance basics and policy provisions
A building valued at $500,000 is insured for $300,000 under a policy with an 80 percent coinsurance clause and a $1,000 deductible. A covered $100,000 loss occurs. Ignoring any policy limit issue, what amount does the insurer pay?
- $60,000
- $75,000
- $100,000
- $74,000 Correct answer.
Explanation
The required insurance is 80 percent of $500,000, or $400,000. The carried-to-required ratio is $300,000 divided by $400,000, or 75 percent, so the adjusted loss is $75,000; after the $1,000 deductible, the payment is $74,000.
Question 41Property insurance basics and policy provisions
A building has a replacement cost of $200,000 and an actual cash value of $140,000. It is insured for $150,000 with a $2,000 deductible. The insured chooses actual cash value settlement for a total covered loss. What amount is payable, assuming no coinsurance penalty?
- $150,000
- $140,000
- $138,000 Correct answer.
- $148,000
Explanation
Actual cash value settlement starts with the depreciated value of $140,000, which is within the $150,000 policy limit. The $2,000 deductible is then subtracted, producing $138,000.
Question 42Property insurance basics and policy provisions
Policy A provides $100,000 of primary property coverage and Policy B provides $50,000 of primary coverage on the same property. A covered $30,000 loss occurs, and both policies use pro rata contribution with no deductibles. How much does Policy A pay?
- $30,000
- $10,000
- $15,000
- $20,000 Correct answer.
Explanation
Total primary limits are $150,000, so Policy A's share is $100,000 divided by $150,000, or two-thirds. Two-thirds of the $30,000 loss is $20,000.
Question 43Property insurance basics and policy provisions
What does the abandonment condition in a property policy generally provide?
- The insured may not abandon property; the insurer may take salvage Correct answer.
- The insured may abandon damaged property and require the insurer to accept it
- The insured must sell damaged property before submitting a claim
- The insurer must accept all damaged property as salvage after paying a claim
Explanation
The abandonment condition prevents the insured from forcing ownership of damaged property onto the insurer. The insurer may elect to take salvage, but it is not required to accept abandoned property.
Question 44Property insurance basics and policy provisions
A property policy states that the insured may not transfer the policy to another person without the insurer's written consent. Which policy concept does this condition describe?
- Abandonment
- Assignment Correct answer.
- Coinsurance
- Subrogation
Explanation
An assignment transfers the insured's rights under a policy to another party. Property policies commonly require the insurer's written consent before assignment because the insurer's risk assessment depends on the insured. Subrogation, abandonment, and coinsurance are separate policy concepts.
Question 45Property insurance basics and policy provisions
An insurer adopts a revised policy form that broadens coverage without increasing premium. The insured's property policy is in force and contains a liberalization clause. What is the effect of the clause?
- The broader coverage applies to the in-force policy when the revision takes effect, with no added premium. Correct answer.
- The insured must buy an endorsement and pay the additional premium before the broader coverage applies.
- The insured must notify the insurer of the revision before any loss for the broader coverage to apply.
- The broader coverage applies only at the next renewal, leaving the current policy term unchanged.
Explanation
A liberalization clause automatically extends broader coverage that the insurer adopts without an additional premium to policies already in force. The insured does not need a separate endorsement, payment, or request for the improvement to apply during the current policy period.
Question 46Property insurance basics and policy provisions
A covered loss damages one lamp in a matched pair insured under a property policy that includes a pair or set clause. How does the clause typically affect settlement?
- The insurer pays only the salvage value of the damaged lamp and ignores the remaining lamp.
- The insurer pays nothing for the damaged lamp because the other lamp is still usable.
- The insurer may settle for the pair's reduction in value or repair or replace the damaged lamp. Correct answer.
- The insurer must pay the full replacement cost of both lamps because the pair has lost its value as a set.
Explanation
Under a pair or set clause, the insurer may settle a partial loss by measuring the reduction in value of the entire set or by repairing or replacing the damaged item so the set is restored. The insured is not automatically entitled to a complete new set when only one piece is damaged.
Question 47Casualty insurance basics and liability concepts
A liability claim based on negligence generally requires the claimant to prove which combination of elements?
- An intentional act, malice, and severe emotional distress
- A written contract, a breach, and liquidated damages
- Duty, breach, proximate cause, and damages Correct answer.
- A product defect and a government recall notice
Explanation
Negligence requires a legal duty owed by the defendant to the claimant, a breach of that duty, harm that is proximately caused by the breach, and actual damages. Intent, contracts, and product recalls are not required elements of a basic negligence claim.
Question 48Casualty insurance basics and liability concepts
An award that includes an amount meant to punish a defendant for reckless conduct, beyond what the claimant actually lost, is best described as:
- Liquidated damages
- Compensatory damages
- Punitive damages Correct answer.
- Nominal damages
Explanation
Punitive damages are awarded to punish egregious conduct and to deter similar behavior, and they come on top of amounts that reimburse the claimant's loss. Compensatory damages reimburse actual loss, while nominal damages are a token sum.
Question 49Casualty insurance basics and liability concepts
In a commercial general liability policy, bodily injury includes which of the following?
- Physical damage to tangible property
- Injury to a person's reputation
- Sickness, disease, and death Correct answer.
- Loss of use of property
Explanation
Bodily injury in liability coverage means physical injury to a person, and it expressly includes sickness, disease, and death that result from that injury. Damage to property and harm to reputation fall under other coverage categories.
Question 50Casualty insurance basics and liability concepts
Property damage in a liability policy covers physical injury to tangible property, including the resulting loss of use. It also covers:
- Injury to an intangible asset such as a trademark or trade secret
- Personal injury arising from libel, slander, or product disparagement
- Lost business income when no tangible property has been harmed
- Loss of use of tangible property that is not physically injured Correct answer.
Explanation
The standard definition treats property damage as physical injury to tangible property plus loss of use of property that has been damaged. It also extends to loss of use of tangible property that has not itself been physically injured.