Personal Lines - Florida

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Created by:

QBrep  on March 28, 2012

Subjects:

insurance, Florida, personal lines

Description:

Q&B March 2012

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Personal Lines - Florida

5 Qualifications for a General Lines License
1. 18 years old
2. resident of FL or place of business in FL
3. 200-hour course or 1 yr experience in all lines
4. cannot be for writing controlled business
5. Exam waived for CPCU designation or college degree with 15 hours in insurance
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5 Qualifications for a General Lines License 1. 18 years old
2. resident of FL or place of business in FL
3. 200-hour course or 1 yr experience in all lines
4. cannot be for writing controlled business
5. Exam waived for CPCU designation or college degree with 15 hours in insurance
controlled business more than 50% of income from businesses applicant is involved in, such as family business
Department of Financial Services does not make rating and underwriting rules
risk chance of financial loss
insurance policy written contract, including all clauses, riders, endorsements, and papers
insurance a contract wherein one undertakes to indemnify another or pay a specified sum upon the happening of a determinable event
binder temporary insurance - oral or written; Auto 5 days for cancellation, all others 60 days
property insurance payment by insurer (company) is made to insured
liability insurance payment by insurer (company) is made to others on insured's behalf
personal contract contracts cover persons - not property or operations
conditional contract obligations of insurer may depend upon insured satisfying some conditions
contract of adhesion insureds can not negotiate the terms; one-sided contract
indemnity contract one should not profit from teh proceeds of the policy but should be made whole
Exceptions to indemnity 1. Valued policies
2. Florida Value Policy Law
3. Replacement cost
4. Liability insurance
Insurable interest Must exist at the time of loss
peril condition or occurrence that may cause a loss (fire, wind, theft, collision)
hazard increases the likelihood of a loss
physical hazard physical characteristic increases the likelihood of a loss - wet floor
moral hazard intentional loss - taking drugs
morale hazard carelessness - leaving cash drawer open in a business
doctrine of proximate cause unbroken connection between an occurrence and damage which grows out of the occurrence
direct loss physical harm to tangible property
indirect loss economic loss as a consequence of a direct loss - ex) rental car fees
mortgage holder has lender's interest in property
lender interest named in loss payable clause and called loss payee - personal property; named mortgage/mortgagee clause and called mortgage holders - real property
real property buildings and land
personal property can be taken when you move away
loss settlement valuation actual cash value = replacement - depreciation
replacement cost actual cost to repair or replace property; awnings, flooring, appliances, TV antennaes are excluded
Florida Valued Policy Law insurer must pay the amount provided in teh policy for which premium has been paid for a total loss by an insured peril
Co-insurance artificial device that encourages the insured to pruchase insurance to a previously agreed amount - 80%, 90%, 100% - [(Did) / (%)(Value of property at time of loss)] x Loss Amount = Amount paid by company
Specific Insurance specific limits are written for each building, contents of each building, or indirect loss
Blanket Insurance single amount of coverage on more than one building
Straight deductible flat amount
percentage deductible percent of value of property or policy limits
franchise deductibles no payment until loss equals or exceeds amount, then loss paid in full (ocean marine)
property insurance payment by insurer (company) directly to insured
Single policy limits single amount maximum liability paid out in an occurrence for all persons injured and property damage
Split Limits expressed by two figures, maximum payable in one occurrence for each persons injured and for all injuries
Aggregate limit represents total limit that is available for a policy term
Duties following a loss: Property AND Liability Prompt notice given, cooperate with insurer, act in a way to preserve insurer's rights
Duties following a loss: Property inventory damaged property, protect property from further loss, show damaged property, provide records & docs, report thefts, reveal any other existing insurance, submit proof of loss
Duties following a loss: Liability notify insurer of claimants/witnesses, forward legal papers, aid insurer in settlements, avoid assumption of obligations
subrogation transfer of the insured's rights (to collect) to the insurer
assignment transfer of policy to another willn ot be valied unless consented to in writing by insurer
severability insurance applies separately to each insured
policy period Inception at 12:01 am/expiration at 12:01 am
Pro rata liability company will pay its proportionate part that its limits bear to the total amount of all policy limits on given risk
(property and liability)
Example: Policy A has $200, 000. B has $100, 000 limit. Combined $300,000 coverage. For a loss, A pays 2/3, B pays 1/3.
Equal shares payments based on number of policies without regards to limits. Example: policies pay equally up to their limits (liability only)
Primary this policy applies first, up to its limits, before others apply (liability)
excess this policy pays after all other insurance is exhausted (property or liability)
liberalization policy will automatically be increased without endorsement
appraisal agreement of two appraisers is binding
abandonment dumping damaged property on insurer and demanding full value
warranty policy condition
misrepresentation untrue statement by insured, not part of policy
concealment failure to reveal relevant facts
Triggers of Financial Responsibility Law Bodily injury. Property damage, auto inoperative. DUI or felony.
Penalties of Financial Responsibility Law Suspension of operator's Driver's License
Suspension of vehicle registration
Avoid penalties - Financial Responsibility Law Satisfy claims by: 1) Securing and filing release from liability by injured party 2) Found not guilty by court of law 3) Compensate for all injures

Purchase Auto Insurance. File SR-22 for 3 years
Named Non-Owner Policy (Financial Responsibility Law) required by operator needing to file SR-22 who does not own auto
DMV Administers Financial Responsibility Law
Penalties for DUI (Financial Responsibility Law) Must carry 100/300/50 min liability insurance for 3 years. Bond/certificate must be no less than $350,000.
Purpose of No-Fault Law Remove certain claims from courts
Have own insurer pay benefits
Contain rising costs of liability insurance
Florida No-Fault covers Bodily injury ONLY
Motor Vehicle Self-propelled vehicle with 4 or more wheels designed for use on FL highways. Trailers and semi-trailers designed for use with those vehicles.
Not a motor vehicle Mobile homes, taxicabs, limo, govt owned vehicles used in mass transit, school buses
Owner of a vehicle DOLL =
Debtor in posession
One who holds the title
Leasing with option to purchase
Leasing for 6 or more months
Insurance & substitutes (for PIP and Financial Responsibility Law) CABS =
Cash
Auto insurance
Bonds
Self-insurance
Penalties for non-compliance with PIP RIP =
Registration and DL suspended
Immunity from legal liability denied
Personally liable for PIP benefits up to $10,000
PIP Benefits MIDS =
Medical 80%
Income Loss 60%
Death $5000
Services (household) 100%
When must non-residents comply with PIP? Vehicle is present in FL for 90 of the preceding 365 days
PIP is primary except...? Excess over Worker's Comp.
Extended PIP MIDS =
Medical 100%
Income Loss 80%
Death Same
Services (household) Same
Additional PIP REQUIRES EXTENDED PIP!
MIDS =
Medical 100%
Income Loss 80%
Death Same
Services (household) Same
Per Person maximum increased to $25,000, $40,000, and $90,000
PIP deductible $250, $500, or $1000 - comes off of medical bills before percentages are applied
PIP Exclusions SOFI =
Stealing
Owned, but not covered
Felony related injury
Intentional self-inflicted injury
Tort Exemption Follows the vehicle - You can't be sued for non-economic losses as long as you have PIP. Official definition is: Immunity from suits of others concerning non-economic losses (pain, suffering, mental anguish, inconvenience) is granted to those who comply with the No-Fault law.
Benefits under PIP follow...? The insured.
PAP Declarations Identifies the Named Insured, effective/expiration dates, coverages that apply and their limits, Loss Payee
Loss Payee one who has an interest in the vehicle
You and Your named insured and resident spouse
Bodily injury bodily harm, sickness or disease resulting in death
Property Damage physical injury to OR loss of use of TANGIBLE property
Business trade, profession, occupation
Family member relatives, wards, foster children IN named insured's household
Occupying in, upon, or getting in, out or off
Trailer vehicle designed to be pulled by private passenger, pickup or van; family wagon or farm implement while towed by vehicle
Your covered auto DRATT =
Declared on dec page
Replacement vehicle, limit 14 days
Additional vehicle for 14 days
Temporary substiute
Trailer owned by NI
Part A Liability coverage
Liability coverage pays on behalf of Insured for bodily injury and property damage; includes defense against claims
Supplementary Payments under Part A LIABLE =
Loss of earnings - $200/day - to attend trail/hearing
Interest on judgements
Appeal bonds
Bail bonds - $250
Legal expenses
Expenses incurred at insurer's (company) request
Minimum limits for Auto 10 - Bodily Injury
10 - Property damage
10 - PIP

or $30,000
Auto coverage is primary. Vehicles owned by insured.
Auto coverage is excess. Vehicles not owned by insured.
Liability and Property Exclusions - Auto PIRATES BELS =
Property damage (property owned/rented/used
Intentional Injury
Regularly furnished vehicle
Auto dealers
Transporting using vehicles
Employee injury (except no Worker's Comp)
Stealing


Business use
Energy (nuclear) policy
Less than 4 wheels
Speed contests
Part B Medical Payments
Medical Payments pays medical and funeral expenses regardless of fault within 3 years
Medical Payments Limits $500, $1000, $2000, and $5000 - apply per person per accident.
Pays in excess above PIP Medical payments
Medical Exclusions - Auto STORM BOS =
Stealing
Transporting using vehicle
Occupying as residence
Regularly furnished vehicle
Motorcycle

Business use
Occupational injuryies
Speed contests
Part C Uninsured motorist coverage
Uninsured motorist coverage Bodily injury ONLY; Accident caused by:

HINDU =
Hit and run
Insolvent insurer
No insurance
Denied coverage
Underinsured
Uninsured Motorist - min coverage $20,000 Single, 10/20 Split
Options for UM coverage Reject, Non-stacked, limits lower than Liability
Stacked Coverage for two or more vehicles added together to determine the limits
Non-stacked 1. Limit applicable to that vehicle is the only limit available.
2. Injured person entitled to highest UM limit available to any insured vehicle.
3. Does not apply to vehicles not insured with UM.
4. Offered at reduced rates.
Part D Coverage for damage to your auto
Damage to your Auto pays for direct and accidental loss of "your covered auto" and "non-owned auto"
Nonowned auto private passenger auto, pickup, van, or trailer not owned by or furnished or available for regular use to insureds while being operated or in the care of the named insured or family member
Collision upset or impact with another object
Other than collision direct and accidental loss not covered by collision except as excluded
Transportation expenses 24hrs after loss, 48hrs after theft. $20/day, $600 max. No deductible
Exclusions - Damage to your Auto CREE CAR ACT =
Carrying people/property for a fee
Reproductive sound equipment & accessories
Equipment
Electrical or Mechanical breakdown

Custom equipment
Auto dealers
Radar detectors

Awnings and cabanas
Confiscation by governmental authorities
Trailer or camper
Trailer or camper 14 days automatic coverage if acquired during policy period
Auto losses paid Lesser of ACV or cost to repair or replace
Non-owned trailer limit $1500
Part E Duties following a loss
Part F General provisions
Extended Non-owned Coverage extends coverage for Liability and optionally MedPay to non-owned auto furnished or available for regular use
Towing and Labor $25, $50, $75, or $100 limits per disablement
Excluded Equipment Coverage Permanently installed electronic and media equipment - no deductible; tapes, records, discs, etc. $200 limit. Customizing equipment for pickups and vans for specific amount
Named Non-owner Coverage Non-owner who regularly drives other autos recieves coverage for Liability, MedPay, and UM ONLY
Miscellaneous Type Vehicle Motorcycle, golf carts, motor home, ATV
Increased Limits Transportation Expenses Coverage increases $20/day, $600 max to any selected limit
Joint Ownership 2 or more relatives (whether or not residing together) or individuals residing together
Cancellation - Auto - First 60 days May cancel for failure to respond to notice of additional premium.
May cancel for total destruction, purchasing insurance elsewhere, or after selling the vehicle.
Cancellation - Auto - After 60 days Must give 45 day notice for nonrenewal, 10 day notice for nonpayment.
Glass breakage - Auto No deductible - front windshield only
Mechanical Breakdown Policy Provides coverage against failure of original or replacement part.
Mechanical Breakdown Exclusions Lack of maintenance
Covered peril (under PAP)
Altered odometer or parts
Towing, Road service or storage charges
Seals, gaskets, oil, grease, or refrigerant
Tune-ups
Racing
Carrying passengers for hire
Mechanical Breakdown Policy Term New cars - 36 months, 36,000 miles
Used cars - 12 months, 12,000 miles
Cancellation - Mechanical Breakdown Policy 45 days nonrenewal, 10 days nonpayment
Towing/Rental limits - Mechanical Breakdown $15/day, max $75

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