Property Key Facts Chapter 2

Chapter 2: Provisions & Contract Law

Understanding Policy Structure & Federal Regulations

First, Learn These Key Terms

What is a Peril?

A peril is a cause of loss - the thing that actually damages your property.

Fire

Wind

Theft

Lightning

These are all perils - they are what CAUSES the damage to happen.

Named Perils Coverage

Policy lists specific perils that are covered. If the cause of loss isn't on the list, NO coverage.

Example:

Policy lists: fire, wind, theft, lightning. Your roof is damaged by a falling tree. If "falling objects" isn't on the list = NOT covered.

All-Risk (Open Perils) Coverage

Covers ALL causes of loss EXCEPT those specifically excluded. Much broader protection!

Example:

Policy excludes: flood, earthquake, war. Anything else that damages your home IS covered, even if it's unusual or unexpected.

All-Risk = BETTER coverage (covers more) = HIGHER premium (costs more)

Start Here: 5 Things You MUST Know

1

D-I-C-E = The 4 parts of every policy: Declarations, Insuring Agreement, Conditions, Exclusions.

2

3 arbitrators settle disputes between insurer and insured when they disagree about coverage.

3

Pro-rata = Proportionate, NOT equal. Other insurance clauses use pro-rata sharing.

4

TRIA = Terrorism Risk Insurance Act applies to COMMERCIAL policies only (not personal).

5

Privacy notice must be given when customer relationship starts AND annually thereafter.

1. Policy Structure: D-I-C-E

Every insurance policy has four main parts. Remember them with the memory trick D-I-C-E (like rolling dice!).

D = Declarations

The "who, what, when, how much" page - basic facts about the policy.

What's on the Dec Page:

  • Named insured (your name)
  • Policy limits (how much coverage)
  • Premium (how much you pay)
  • Policy period (start & end dates)

I = Insuring Agreement

The insurer's promise - what coverages they'll provide.

Example:

"We will pay for direct physical loss to property covered under this policy..." This is the insurer saying what they'll do for you.

C = Conditions

The obligations of BOTH parties - what you and the insurer must do.

Examples:

  • You must report claims promptly
  • You must pay premiums on time
  • Cancellation rules are here

E = Exclusions

What the policy does NOT cover - the perils and situations excluded.

Common Exclusions:

  • War and nuclear hazard
  • Intentional damage by insured
  • Flood (usually separate policy)

Memory Trick

D - I - C - E

Like rolling dice - you're gambling that nothing bad happens!

2. Key Policy Provisions

Cancellation Provisions

Found in the CONDITIONS section of the policy.

Example Scenario:

The insurer wants to cancel your policy for non-payment. They look in the CONDITIONS section to find the cancellation rules - how much notice they must give, how to calculate your refund, etc.

Other Insurance (Pro-Rata)

Pro-rata does NOT mean equal - it means proportionate!

Example:

You have two policies: Policy A ($100K) and Policy B ($200K). $30K loss. Pro-rata share: A pays 1/3 ($10K), B pays 2/3 ($20K). NOT equal - proportionate to limits!

Claim Notification

The insured must PROMPTLY tell the insurer about a claim. Don't wait weeks or months - notify them right away. This is a condition you must follow!

Where to Find Key Information

Limits of Liability

Found on the DECLARATIONS page

What's Covered

Found in the INSURING AGREEMENT

What's NOT Covered

Found in the EXCLUSIONS

Your Duties & Rules

Found in the CONDITIONS

3. Arbitration

When Arbitration Happens

If the insurer and insured disagree whether the liability policy provides coverage, the claim goes to arbitration instead of court.

3

Arbitrators

One chosen by the insured, one by the insurer, one neutral

Real-World Scenario

The Setup: Your dog bites a neighbor. You file a liability claim. The insurer says "pet exclusion applies." You say "my dog isn't a dangerous breed, so it should be covered."

What Happens: You both disagree about whether coverage exists. Instead of expensive court, you go to arbitration.

The Result: Three arbitrators (you pick one, insurer picks one, they pick a neutral third) decide who's right.

4. Federal Regulations

Fair Credit Reporting Act (FCRA)

Protects consumers against inaccurate or obsolete personal/financial information being shared.

What it does:

Stops credit bureaus from giving wrong info to insurers. You can dispute errors and get old negative info removed.

Gramm-Leach-Bliley Act

Requires privacy notice to customers about how their info is used.

When:

Privacy notice given when customer relationship STARTS and ANNUALLY thereafter. "Here's how we use your data."

Terrorism Risk Insurance Act (TRIA)

Applies to COMMERCIAL policies ONLY - not your home or car.

Purpose:

After 9/11, government helps insurers cover terrorism losses on business policies. Personal lines NOT included.

Exam Alert: TRIA

If the question asks about terrorism coverage, remember: TRIA = COMMERCIAL ONLY. Don't pick TRIA for homeowners or auto policies!

Chapter 2 Cheat Sheet

Print for quick reference

D-I-C-E

Declarations, Insuring Agreement, Conditions, Exclusions

Declarations

Named insured, limits, premium, period

Insuring Agreement

Describes coverages provided

Conditions

Obligations of both parties

Exclusions

Perils NOT covered

3 Arbitrators

For coverage disputes

Pro-Rata

Proportionate, NOT equal

TRIA

Commercial policies ONLY

FCRA

Protects credit info accuracy

Privacy Notice

At start + annually

Claim Notice

Must notify PROMPTLY

Cancellation Rules

Found in CONDITIONS

Exam Trap Alerts

1. Pro-Rata Does NOT Mean Equal

Pro-rata = proportionate based on policy limits. If you have $100K and $200K policies, the $200K policy pays TWICE as much, not the same amount!

2. TRIA = Commercial ONLY

Terrorism Risk Insurance Act does NOT apply to homeowners, auto, or other personal lines. Only business policies!

3. Where Things Are Found

Limits = Declarations. Coverages = Insuring Agreement. Rules/Cancellation = Conditions. What's NOT covered = Exclusions. Don't mix them up!

4. Number of Arbitrators

There are exactly 3 arbitrators in insurance disputes - one from each side plus one neutral. Not 1, not 5, always 3!

5. Privacy Notice Timing

Given at START of relationship AND ANNUALLY. If a question says "only at purchase" or "only when requested" - that's wrong!