Cheat sheet

Kentucky P&C Insurance Cheat Sheet

Property Exam: General Insurance

20%of exam

Risk & Insurable InterestContract FormationCompany RegulationUnderwriting Transaction

Property Exam: Personal Lines

36%of exam

Dwelling FormsHomeowners Section IAuto Physical DamageFlood & FAIR PlanInland Marine

Property Exam: Commercial Lines

36%of exam

Commercial PackageBusinessowners PolicyCommercial Property FormsCrime & Misc Commercial

Property Exam: Kentucky Law

8%of exam

Agent LicensingUnfair PracticesCancellation RulesGuaranty Fund

Casualty Exam: General Insurance

26%of exam

Contract FormationWaiver & EstoppelCompany RegulationUnderwriting Transaction

Casualty Exam: Personal Lines

26%of exam

Casualty Exam: Commercial Lines

38%of exam

Casualty Exam: Kentucky Law

10%of exam

No-Fault & BRBKY Auto MinimumsKIGA Guaranty FundKY Workers Comp Law

Quick Facts

Property Exam
50 questions
Casualty Exam
50 questions
Passing Score
70% each exam
Time Limit
Not published
Exam Fee
$50 combined P&C
Administrator
Kentucky DOI, no vendor
Testing Mode
In person only
Prelicense Hours
40 (20 + 20)
Retake Window
120 days, unlimited tries
CE Renewal
24 hrs / 2 yrs
Outline Date
Rev. 04-15-2010

Risk & Insurable Interest

Pure Risk
Loss or no loss
Speculative Risk
Loss or gain, not insurable
Law of Large Numbers
More exposures, better prediction
Peril
Cause of loss
Hazard
Condition that increases loss
Insurable Interest
Must exist at loss time

Company Types & Regulation

Stock Insurer
Owned by shareholders
Mutual Insurer
Owned by policyholders
Four Lines
Life, health, property, casualty
Producer (Agent)
Insurer's licensed representative
Regulation of Agent
State licensing oversight

Property Exam Weight Order

General 20, Personal 36, Commercial 36, Law 8

Personal = Commercial (36% each)Law = smallest slice (8%)Check both before Casualty

ACV vs Replacement Cost

ACV

  • Replacement cost minus depreciation
  • Lower payout

Replacement Cost

  • New materials, no depreciation
  • Higher payout

Depreciate or not

Homeowners Form Picker

  1. Standard owner-occupied homeHO-3(Open peril dwelling)
  2. Renting an apartmentHO-4(Contents only)
  3. Own a condo unitHO-6(Limited dwelling coverage)
  4. Want broadest coverage tierHO-5(Open peril, dwelling + contents)
  5. Older home, low market valueHO-8(ACV settlement)

Property Insurance Basics

Insuring Agreement
Insurer's basic promise
Exclusions
Excluded perils or property
Coinsurance
Insure to value or penalty
Subrogation
Insurer recovers from at-fault party
Appraisal
Resolves value disputes
Salvage & Abandonment
Insurer may take damaged property

Homeowners Section Split

Section I property, Section II liability

Coverage A-D = propertyCoverage E-F = liability

Dwelling Policy vs Homeowners Policy

Dwelling (DP)

  • Property only
  • No liability unless endorsed

Homeowners

  • Property + liability
  • Owner-occupant

Property only vs packaged

Dwelling Policy Forms

DP-1 Basic Form
Named perils, ACV only
DP-2 Broad Form
More named perils
DP-3 Special Form
Open peril dwelling
Vacancy Clause
Limits coverage if vacant
Fair Rental Value
Lost rental income

Homeowners Section I

HO-2 Broad Form
Named perils, wider list
HO-3 Special Form
Open peril dwelling, named contents
HO-4 Contents Broad
Renters; no dwelling
HO-5 Comprehensive
Open peril dwelling and contents
HO-6 Unit-Owners
Condo; limited dwelling
HO-8 Modified
Older homes, ACV settlement
Coverage D
Loss of use

Personal Auto Physical Damage

Part D
Damage to insured's own auto
Collision
Upset or impact with object
Other Than Collision
Comprehensive perils (theft, fire, glass)
Transportation Expenses
Rental reimbursement after covered loss

Flood, FAIR Plan & Misc

NFIP Building Limit
$250,000 residential
NFIP Contents Limit
$100,000 residential
NFIP Waiting Period
30 days for new policy
Earthquake Coverage
Separate policy or DIC
Kentucky FAIR Plan
Residual market since 1968
Personal Watercraft
Boatowners or yacht policy

Discovery vs Loss Sustained

Discovery Form

  • Discovered during policy period
  • Any occurrence date

Loss Sustained Form

  • Occurs during policy period
  • Discovered within 1 year

Discovered vs occurred

Crime Form Picker

  1. Want any-time discovery windowDiscovery Form(Extended discovery period)
  2. Want simple occurrence triggerLoss Sustained Form(1-year discovery cap)
  3. Employee steals company fundsEmployee Theft Coverage(Inside crime form)
  4. Vendor steals via forged checkForgery Coverage(Separate insuring agreement)

Commercial Package Policy

Eligible Coverages
2+ coverage parts combined
Common Declarations
Shared policy-level information
Common Conditions
Cancellation, changes, premiums, inspections
First Named Insured
Gets cancellation notice, pays premium

Businessowners Policy (BOP)

BOP Eligibility
Small/mid business classes
Ineligible Risks
Auto dealers, bars, banks
Building Coverage
Owned structure
Business Personal Property
Contents and equipment
Coverage Extensions
Built-in added coverage

Commercial Property Forms

Building & Personal Property Form
Core commercial property form
Causes of Loss Forms
Basic, broad, or special
Builders Risk Form
Covers property under construction
Business Income
Lost income during restoration
Extra Expense
Costs to keep operating

Marine, Crime & Misc

Nationwide Marine Definition
Sets what marine may cover
Filed vs Nonfiled Forms
ISO-filed or company-specific
Discovery Form
Loss discovered in policy period
Loss Sustained Form
Loss occurs in policy period
Equipment Breakdown
Sudden mechanical or electrical failure
TRIA
Federal terrorism loss backstop

KY Agent Licensing (KRS 304.9)

License Renewal
KRS 304.9-260
Continuing Education
KRS 304.9-295
Record Retention
KRS 304.9-390
Change of Address
KRS 304.9-200
Licensing Penalties
KRS 304.9-470

KY Market Conduct & Guaranty

Unfair Claims Settlement
KRS 304.12-230
Unfair Practices
KRS 304.12-010
Cancellation & Nonrenewal
KRS 304.20-300
Insurance Guaranty Fund
KRS 304.36-030
Insurance Fraud
KRS 304.47-020
Surplus Lines
KRS 304.10

Representation vs Warranty

Representation

  • Believed true
  • Immaterial error still valid

Warranty

  • Guaranteed true
  • Any breach voids cover

Believed vs guaranteed

Contract Formation

Offer & Acceptance
Application, then insurer approval
Consideration
Premium for insurer's promise
Unilateral
Only insurer is bound
Adhesion
Insurer drafts; ambiguity favors insured
Aleatory
Unequal value exchanged

Underwriting & Transaction

Binder
Temporary proof of coverage
Fair Credit Reporting Act
Governs credit-based underwriting
Representation
Believed true; must be material
Warranty
Guaranteed true; breach voids
Waiver
Voluntary surrender of right
Estoppel
Bars insurer's later denial

UM vs UIM

UM

  • At-fault driver uninsured
  • Included unless rejected

UIM

  • At-fault limits too low
  • Available on request

No insurance vs not enough

Auto Coverage Part Picker

  1. Insured hits another carPart A(Liability)
  2. Insured needs own medical billsPart B(No-fault)
  3. At-fault driver has no insuranceUM(Part C)
  4. At-fault limits too lowUIM(KY: available on request)
  5. Insured's car is damagedPart D(Collision or other-than-collision)

Negligence & Liability Basics

Duty
Legal obligation to act
Breach
Duty not met
Causation
Breach caused the injury
Damages
Actual measurable harm
Vicarious Liability
Liable for another's acts
Absolute Liability
Liable without fault

Homeowners Section II

Coverage E
Personal liability
Coverage F
Medical payments, no-fault
Section II Exclusions
Business pursuits, motor vehicles
Additional Coverages
Claim expenses, first aid

PAP Liability Parts

Part A
Liability to others
Part B
Medical payments, no-fault
Supplementary Payments
Defense costs, bail bonds
Who Is An Insured
Named insured, resident relatives
Parts E & F
Duties and general conditions

UM, UIM & Umbrella

UM Coverage
At-fault driver uninsured
UIM Coverage
At-fault limits too low
KY UM Rule
Included unless rejected in writing
KY UIM Rule
Available only on request
Personal Umbrella
Excess liability above auto/home

Casualty Exam Weight Order

General 26, Personal 26, Commercial 38, Law 10

Commercial is largest sliceGeneral = Personal (26% each)Law bigger than Property's

Occurrence vs Claims-Made

Occurrence

  • Injury during policy period
  • Claim anytime after

Claims-Made

  • Claim made during period
  • Needs retroactive date

When injury vs when claimed

Commercial Auto Symbol Picker

  1. Cover every vehicle usedSymbol 1(Any auto)
  2. Cover only titled vehiclesSymbol 2(Owned autos)
  3. List each vehicle by VINSymbol 7(Specifically described)
  4. Employee rents a carSymbol 8(Hired autos)
  5. Employee uses personal carSymbol 9(Nonowned autos)

CGL Coverage Parts

Coverage A
Bodily injury, property damage
Coverage B
Personal, advertising injury
Coverage C
Medical payments, no fault
Occurrence Form
Injury during policy period
Claims-Made Form
Claim made during period
Retroactive Date
Earliest covered injury date

Bond Party Order

Principal promises, obligee benefits, surety guarantees

Principal = doerObligee = protected partySurety = guarantor

Fidelity Bond vs Surety Bond

Fidelity Bond

  • Employer-obligee, dishonest employee
  • Crime-style coverage

Surety Bond

  • Contractor is principal
  • Guarantees performance

Employee risk vs performance risk

Bond Type Picker

  1. Guarantee contractor completes jobContract Bond(Surety, 3 parties)
  2. Court requires funds guaranteeJudicial Bond(e.g., appeal bond)
  3. Protect employer from dishonest staffFidelity Bond(Crime-style protection)
  4. Guarantee any principal's dutySurety Bond(Principal, obligee, surety)

Commercial Auto Symbols

Symbol 1
Any auto
Symbol 2
Owned autos only
Symbol 7
Specifically described autos
Symbol 8
Hired autos
Symbol 9
Nonowned autos
Garage Coverage Form
Dealers and repair shops

Workers Compensation

Part One
Statutory benefits, no fault
Part Two
Employers liability, third-party suits
Temporary Total
Fully disabled, recovering
Permanent Partial
Lasting partial disability
Exclusive Remedy
Employee's only recourse

Bonds & Misc Commercial

Fidelity Bond
Protects employer from employee theft
Surety Bond
3-party performance guarantee
Contract Bond
Guarantees construction performance
Judicial Bond
Court-ordered guarantee
EPLI
Employment practices liability
Commercial Umbrella
Excess over commercial liability

BRB Tort Threshold

Over $1,000 or fracture, death, disfigurement

$1,000 medical triggerFracture triggers tortPermanent injury triggers tortDeath triggers tort

Kentucky Comparative Fault vs Contributory

KY Pure Comparative

  • Fault reduces damages
  • Recovery not barred

Contributory Negligence

  • Any fault bars recovery
  • Not used in KY

Reduces vs bars recovery

Kentucky Law Answer Picker

  1. Injury exceeds $1,000 medicalSue in tort(Threshold met)
  2. Injury stays under thresholdBRB only(No pain and suffering)
  3. Insurer becomes insolventFile with KIGA(Caps apply)
  4. Employer has 1+ employeesBuy workers comp(Except agriculture)

KY No-Fault & Auto Law

BRB Limit
$10,000 per person per accident
Funeral Sub-Limit
$5,000 within BRB
Tort Threshold
Over $1,000 medical or fracture
KY Auto Minimums
$25k/$50k/$25k or $60k limit
Auto Insurance Plan
KRS 304.13-151
PAP Declination Rule
KRS 304.20-040

KY Numbers to Memorize

10k BRB, 25-50-25 auto, 300k KIGA

BRB = $10,000 capAuto = 25-50-25 or 60kKIGA = $300,000 per claimant

KIGA & KY Workers Comp Law

KIGA Claimant Cap
$300,000 per claimant
KIGA Premium Cap
$10,000 unearned premium
KY WC Trigger
KRS 342.630, one-plus employees
Agriculture Exemption
Farm employers excluded
KY Comparative Fault
KRS 411.182, pure form

Common Traps

BRB vs Tort Suit

BRB pays no-fault always Tort needs threshold met

UM vs UIM Kentucky Rule

UM auto-included, opt out UIM only if requested

Property Exam vs Casualty Exam

Property = Section I, Part D Casualty = Section II, Parts A-C

Discovery vs Loss Sustained Crime

Discovery = found in period Sustained = occurred in period

Surety Bond vs Insurance

Surety expects no loss Insurance pools expected loss

Representation vs Warranty Breach

Rep needs materiality Warranty voids on any breach

KY Retake vs Same-Day

No same-day retake allowed Next business day earliest

Producer Exam vs Consultant Exam

Producer = 50Q each line Consultant = 150Q, 190 min

Last Minute

  1. 1.Property exam has 50 questions
  2. 2.Casualty exam has 50 questions
  3. 3.Need 70% to pass each exam
  4. 4.Producer time limit not published
  5. 5.Kentucky DOI gives exam, no vendor
  6. 6.Testing is in person only
  7. 7.Retake needs next business day
  8. 8.Unlimited retakes within 120 days
  9. 9.$50 fee covers both exams
  10. 10.Prelicense = 40 hours total
  11. 11.CE = 24 hours every 2 years
  12. 12.BRB pays up to $10,000
  13. 13.Tort threshold is $1,000 medical
  14. 14.Auto minimum is $25k/$50k/$25k
  15. 15.UM included unless rejected in writing
  16. 16.KIGA caps claims at $300,000
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