What department can be seen as the shop window
Claims Department
Implied Duty
Imposed by common law
Pawsey v Scottish Union and National (1907)
Proximate cause
who is responsible for proving the claim is valid?
Insured (onus of proof)
To establish the proximate cause of a loss and determine policy liability, the insurer will:
Look at the relationship between the peril and the loss
Who will normally be involved in a large and complex claim?
A loss adjustor
Under common law, the insured has a duty to:
Take all reasonable steps to minimise the loss
What type of expert may be used to estimate rebuilding costs, as part of the claims investigation process?
Surveyors
Under a first notification of loss process, what is usually the first step of the claims process?
The insured contacts the insurer via telephone or online form
buildings and contents insurance. If she has a theft but fails to notify the police, what action is her insurer most likely to take?
Refuse to pay claim
What is the amount of a claim known as?
Quantum
Most insurers operate a first notification of loss process. With a low value claim on a motor insurance policy, what action is the policyholder LEAST likely to take?
Complete and sign a written claim form
Under the principle of ‘indemnity’, if Mia has made a claim on her household insurance policy:
Her insurer must ensure that she is returned to the same financial position she had before the loss.
Lynne has a household policy. One night there are high storm conditions and some slates are blown off her roof. What is the first action Lynne should take?
Arrange for the roof to be secured immediately
Which clause states that in the case of under-insurance, the amount paid will be reduced in proportion to the amount of under-insurance?
Average
What is the definition of an excepted peril under an insurance policy?
One that is specifically not covered
insured perils
those named in the policy as covered
uninsured or unnamed perils
those perils not referred to in the policy and therefore not insured
Which legislation requires an insurer to ensure that its insurance contracts are fair by being clear and understandable?
Consumers Rights Act 2015
When a claim is made on an insurance policy, the insurer will seek to establish the dominant cause for the loss before deciding whether the claim is valid. This is known as the principle of:
Proximate cause
If a condition precedent to liability is breached, how will the insurer react to a connected claim?
Repudiate the claim but keep the contract in force
In which part of the insurance policy would the policyholder’s express duties usually be detailed?
Policy Conditions
With a property insurance claim, the:
insured must prove that an insured peril arose and the amount of the loss.
Under what circumstance might an insurance claim be subject to the principle of ‘averaging’?
Where there is under insurance