Insurance terms Glossary

OVERVIEW OF COMMON TYPES OF INSURANCE AND INSURANCE TERMS

The following is an alphabetical list of common insurance terms and types of insurance coverage:

SELF INSURANCE
A major corporation may, for one or more of the following reasons, consider self-insurance:

1. To exercise greater control over costs and expenses normally associated with traditional risk transfer through the purchase of insurance policies;
2. To avoid the unpredictable and cyclical nature of the Insurance market place; and
3. To address exposures for conventional insurance is unavailable.

In the context of 1 above, it is important to understand the true meaning of the “cost of risk” and not just focus on the actual policy premiums. In addition to premiums, the annual cost of policy deductibles for claims made and the expense involved in the administration of the insurance program including claims handling must be considered.

Some simple examples of self-insurance are:

• Deductibles;
• Self Insured Retentions;
• Reimbursement Agreements;
• Total risk retention with no insurance policy protection;
• Primary risk limits provided by an insurance policy with excess self retained; and
• Captive Insurance Company.

Assuming that risk has been identified and quantified, it is unusual for a corporation to self-insure for 100% of the risk. In all probability, a program would be designed following a risk management approach that would combine an element of self-insurance and traditional risk transfer through the purchase of some insurance protection.

STATED AMOUNT COINSURANCE
A Stated Amount clause eliminates the co-insurance penalty associated with a percentage co-insurance requirement. The insurance company will agree to drop the percentage co-insurance clause if the insured provides a signed statement indicating the replacement cost values and purchase coverage for the full declared value. In most cases an appraisal of the property to be insured will be requested by the insurance company.

STRIKE COVER
It is possible to purchase insurance to protect against a long strike adversely affecting the corporation’s revenue streams. This coverage is expensive.

SUBROGATION
The doctrine of subrogation has long been used by insurance companies who are obligated under their policies to pay their insured for property damage or for liability losses that the insured has sustained. In situations where the damages appear to have been caused by the negligence or fault of third parties, insurance companies have traditionally exercised their right of “subrogation” to pursue claims against the alleged negligent parties (tortfeasors). The insurance company’s right to subrogation is granted under the Insurance Act, R.S.B.C. 1996, c. 226, at law, and under the “Additional Conditions” clauses contained in all insurance policies.

Whereas the basic premise of subrogation is contained in all insurance policies, there are other clauses contained in various insurance policy forms that effectively abrogate this without specifically saying so. A property policy makes provision for the insured to enter into a release prior to loss without affecting the insured’s right to recovery of their own claim. The Commercial General Liability policy, under the policy condition typically headed “Transfer of Rights of Recovery Against Others to Us,” also usually includes the phrase, “If the Insured has rights to recover,” which suggests that rights can be waived by the insured prior to a loss.

As a general rule, it is always advisable for any insured, before entering into any form of release with a third party, to request the insurer issue an endorsement to the policy specifically waiving subrogation rights against the third party. This eliminates the potential for disputes, and ensures that the full ramifications of the particular situation are fully understood by all parties prior to a loss.

TERRORISM
It is not possible to summarize all the different endorsements and wordings that underwriters are using in excluding this peril.

TRADE DISRUPTION INSURANCE
This coverage provides for lost earnings or extra expense incurred as a result of trade delay or non-delivery of product at any point during the supply chain. This coverage is normally written as an adjunct to a marine stock policy.

UMBRELLA LIABILITY
Umbrella Liability is sometimes referred to as Excess Liability, but this is misleading as the Umbrella Liability policy is designed to provide more than pure excess limits. A true umbrella policy is subject to its own terms and conditions and consequently it is not “Follow Form” cover, meaning that coverage can be broader than the primary underlying policies.
The purpose of Umbrella Liability is to ensure that all exposures are captured under one policy that can include general liability, automobile liability, non-owned aviation and watercraft liability.

There are three coverage aspects:

• To provide coverage up to the policy limits once the limits of the applicable underlying insurance has been exhausted;
• To respond to any erosion of underlying aggregate limits; and
• To cover a claim for which no coverage is afforded by the applicable underlying insurance.

In the event that the third point is applicable, the policy contains a retained limit or self-insured retention which requires the insured to contribute a fixed dollar amount to the claim.

WORKERS’ COMPENSATION INSURANCE
This coverage is a schedule of benefits that is payable to an employee by a board (government agency) or an insurer without regard to liability. Some extremely large corporations do self-insure. It is important to note the enormous differences that occur in this area between Canada and the United States. The main differences are as follows:

• In Canada, Workers’ Compensation is “insured” by government agencies, whereas in most states, protection is through insurance companies; and
• Coverage in Canada is absolute and, with virtually no exceptions, workers injured “on the job” are NOT permitted to sue their employer for damages. In the USA, suits by employees are frequent and very expensive, both in terms of awards made and defense costs incurred.