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Tx Claims Adjuster Exam
Chapter 2
40
Insurance
Not Applicable
10/13/2015

Additional Insurance Flashcards

 


 

Cards

Term
Article 21.55 of the Texas Insurane Code; Article 21.55
Definition
was established in 1991 to ensure the prompt payment of insurance claims. This statue is a method of consumer protection that is set in place and must be followed by insurers in the State of Texas. ________ ______ applies to first party insurance claims, but it does not pertain to Catastrophe claims.
Term
21.55 Compliance. Within ____ Calendar Days of receiving a new claim, the insurer must:
Definition

15;

  1. Acknowledge receipt of the new claim;
  2. Begin the investigation;
  3. Request all of the items needed to evaluate and investigate the claim
Term
The _____ (_________) does not have any time requirements to complete the requirements that the insurer has requested. Most ________ complete the requirements in a timely fashion so that the claims process can proceed in a timely fashion.
Definition
insured (policyholder); policyholders
Term
Once the insurer receives all of the information that they have requested from the policyholder within __ _______ ______ , the insurer must:
Definition

15 Business Days;

  1. Review and evaluate the claim;
  2. Process the claim;
  3. Accept or reject the claim.
Term
Accepting the claim
Definition
this means that they have evaluated and processed the claim and will make payment on the claim
Term
Rejecting the claim
Definition
this means that the claom will be denied and no payment will be made.
Term
Once the insurer _____ or ______ the claim, the following must occur:
Definition

Accepts; Rejects

The insurer has 5 Business Days to:

  1. pay the claim or
  2. issue full or partial denial of the claim
Term
During the ____ Business Day period, if the insurer needs additional time to evaluate and investigate the claim, they may do so. The insurer must state the _____ _____ for the request in writing. The insurer can request an additional ____ Calendar Days. The ___ day request must be for a valid reason.
Definition
15; specific reason; 45; 45
Term
The 45 day request can not be due to ______ or _____ _____.
Definition
staffing or workload issues
Term
It is ________ to engage in any trade practice that involves unfair or unreasonably restrained competition, including acts that are misleading, deceptive, or unfairly discriminatory.
Definition
illegal
Term
The _________ has the authority to investigate possible unfair trade practices and ____ violators if the practice continue. _______ and ______ are prohibited from engaging in any of the following unfair or prohibited trade practices.
Definition
Commissioner; fine; Insurers and Agents
Term
Texas insurance law offers protection to insurance consumers by ________ unfair claims settlement practices.
Definition
prohibiting
Term
_____________ to claimants material facts or policy provisions.
Definition
Misrepresenting
Term

Not attempting in ____ ____ to bring about ______, ___ and _____ settlements when liabillity has become reasonably clear.

Definition
good faith; prompts, fair, equitable
Term

Not attempting in ____ ____ to bring about ______, ___ and _____ settlements when liabillity has become reasonably clear.

Definition
good faith; prompts, fair, equitable
Term

_______ to settle claims ______, where liability has become reasonably clear, under one portion of the insurance policy coverage in order to infulence settlements under other portions of the insurance policy coverage.

Definition
Failing; promptly
Term
Failing to ______ provide a _______ ________ regarding any policy provisions or law that caused a claim to be denied or for the offer of a compromise to settle a claim.
Definition
promptly; reasonable explanation
Term
Failing within a _______ ______ to _____ or _____ coverage of a claim or to submit a reservation of rights to a policyholder.
Definition
reasonable time; affirm; deny
Term
Failing, refusing, or unreasonably delaying a settlement offer because other coverage may be _________ or because _____ _______ are responsible for the damages.
Definition
available; third parties.
Term
Attempting to ______ a full or final release of a claim only a ______ payment has been made.
Definition
enforce; partial
Term
_________ to pay a claim _____ conducting a reasonable investigation with respect to the claim.
Definition
Refusing; without
Term
With respect to a Texas personal auto policy, delaying or refusing settlement of a claim ____ because there is other insurance of a ______ ______ _______ to satisfy all or part of the loss
Definition
solely; different type available
Term
Requiring the claimant, as a condition of settling a claim, to produce the claimant's _______ _____ ______ _______ for examination unless a court orders _______ _____ ____ ______ , the claim involves a ____ ____, or the claim involves ____ _____ or _____.
Definition
federal income tax returns; production of the returns; fire loss; lost profits or income
Term
It is an unfair trade practice to:
Definition
  1. Misrepresent a policy's terms, benefits, or advantages;
  2. Misrepresent the dividends or share of the surplus to be received or previously paid on a policy
  3. Misrepresent the financial condition of a person in the insurance business
  4. Use a title of a policy or class of policies that misrepresent the true nature of the policy
  5. Misrepresent the legal reserve system on which any life insurer operates
  6. Make a misrepresentation to induce a policyholder to lapse, forfeit, exchange, convert, or surrender a policy.
Term
It is an unfair trade practice to make an oral or written statement that is ____ or ______ ______ ___, or ______ ______, the financial condition of any insurer that is calcuated to injure any person engaged in the insurance business. (________)
Definition
false, maliciously critical of, derogatory to; (Defamation)
Term
The Texas Department of Insurance has an _______ ______ ______ to enforce laws relating to fraudulent insurance acts.
Definition
Insurance Fraud Unit
Term
A fraudulent insurance act is any illegatl act that is :
Definition
  1. Committed while engaging in the business of insurance;
  2. Committed as part of or in support of an insurance transaction
  3. Part of an attempt to defraud an insurer
Term
If the _________ has reason to believe that a person has engaged, is engaging in, or is about to engage in what may constitute a fraudulent insurance act or insurance fraud, the ______ may make an ________ to determine whether the act occured or to aid the in the the enforcement of the insurance fraud law. If the _________ believes a fraudulent insurance act has occured, he will take the appropriate _______ ______ as well as report the information to the proper law enforcement authorities.
Definition
Commissioner, Commissioner, investigation, Commissioner, disciplinary measures
Term
It is an unfair practice to, with intent to deceive:
Definition
  1. File a false statement of financial condition of an insurer
  2. Make or distribute a false statement of financial condition of an insurer
  3. Make a false entry in an insurer's statement or willfully omit a true material fact with intent to deceive
  • An agent or examiner lawfully appointed to examine the insurer's condition or affairs
  • A public official who has authority to examine the insurer's condition or affairs
Term
A person is not liable in a civil action for furnishing information, in good faith, orally or in writing, relating to a suspected, anticipated, or completed fraudulent insurance act if the information is provided to : ( Concealment, misrepresentation, or fraud)
Definition
  1. An authorized governmental agency or the department;
  2. A law enforcement officier or an agent or employee of the officier
  3. The National Association of Insurance Commissioners or an employee of the assosication;
  4. A state or federal governmental agency established to detect and prevent fraudulent insurance acts or to regulate the business of insurance or an employee of the agency
  5. A special investigative unit of an insurer
Term
An insurer may not _____ a policy of property or liability insurance that is renewal or continuation policy of a policy of a policy of liability insurance that is in its initial policy period after the ____ day following the date on which the policy was issued with the following exceptions.
Definition
cancel; 60th
Term
Cancellation- An insurer may cancel the policy at any time during the term of the policy for the following reasons:
Definition
  1. Fraud in obtaining coverage
  2. Failure to pay premiums when due
  3. On an increase in hazard within the control of the insured that would produce an increase in rate
  4. Loss of the insurer's reinsurance coverage all or part of the risk covered by the policy
  5. On an insurer being placed in supervision, conservatorship, or receivership, if the cancellation or nonrenewal is approved or directed by the supervisor conservator, or receiver.
Term
Nonrenewal- An insurer may refuse to renew a policy if the insurer has mailed notice of nonrenewal to the insured at least 30 days before the policy's expiration date.
Definition
  1. An insurer may not decline to renew a policy solely because of the insured's age
  2. An insurer must renew a policy that was written for less than one year, though an insurer may decline to renew the policy on any 12-month anniversary of the original effective date of the the policy
Term
Written statement of reasons for declination, cancellation, or nonrenewal- Property and causalty must, on request by an applicant for insurance or a policyholder, provide written statement of the reasons for declination, cancellation, or nonrenewal of an insurance policy. The statement must:
Definition
  1. Fully explain any decision that adversly affects an applicant for insurance or a policyholder by denying the applicant or policyholder insurance coverage or continued coverage.
  2. State the precise incident, circumstance, or risk factors applicable to the applicant for insurance or the policyholder that violates any applicable guidelines
  3. State the source of information on which the insurer relied regarding the incident, circumstance, or risk factors
  4. Specify any other relevant information
Term
Written notice of cancellation or renewal
Definition
  1. Not later than the 10th day before the date on which the cancellation of a liability insurance policy takes effect, an insurer must deliver written notice of the cancellation to the first-named insured under the policy at the address shown on the policy.
  2. An insurer may refuse to renew a liabiliy insurance policy if it delivers written notice of the nonrenewal to the first-named insured under the policy at the address shown on the policy.
  3. The notice must be delivered or mailed not later than the 60th day before the date on which the policy expires. If the notice is delivered or mailed later than the 60th day before the date on which the policy expires, the coverage remains in effect until the 61st day after the date on which the notice is delivered or mailed.
  4. Earned premium for any period of coverage that extends beyond the expiration date of the policy shall be computed pro rata based on the previous year's rate.
Term
Premium surcharge
Definition
  1. An insurer may assess a premium surcharge at the time an insurance policy is renewed if the insured has filed two or more claims in the preceding three policy years. The amount of the surcharge must be based on sound actuarial principles.
  2. An insurer may refuse to renew an insurance policy if the insured has filed three or more claims under the policy in any three-year period.
  3. An insurer may notify an insured who has filed two claims in a period of less than three years that the insurer may refuse to renew the policy if the insured files a third claim duriing the three-year period. If the insurer does not notify the insured in accordance with this subsection, the insurer may not refuse to renew the policy because of claims.
Term
Insurer records
Definition
  1. An insurer must maintain information regarding cancellation or nonrenewal of insurance policies in accordance with the insurer's ordinary practices for maintaining records of expired policies.
  2. The insurer must make the information available to the department on request.
Term
Insurer statement
Definition
Upon request, an insurer must provide a written statement of the reason for a declination, cancellation, or nonrenewal of an insurance policy.
Term
An insurer or agent of an employee of an insurer or agent is not liable for a statement or disclosure made in good faith unless the statement or disclosure was: (Liability for disclosure)
Definition
  1. Known to be false
  2. Made with malice or willful intent to injure any person
  3. Declination prohibited; consideration of certain claims
Term
When deciding to issue or to decline a standard fire, homeowners or farm policy, an insurer may not consider a ________ _______ as a basis for __________.
Definition
customer inquiry; declination
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