Week 6 & 7 (Negligence Law/Non-cooperation/Insurable Interest/Re-po Vehs/Emergency Doctrine -april
.
- 1.NYS follows which type of Negligence Law?
- A.
Pure Comparative
- B.
Contributory
- C.
Less Than
- D.
Not Greater Than
- 2.Which letter would you send to the claimant who is making a claim with NYCM and is found to be 100% at fault?
- A.
L64A
- B.
L74A
- C.
L74B
- D.
L64B
- 3.When our investigation reveals our insured's word against the claimant's word with no proof the accident happened one way over the other and either way would result in 100% in favor of the person giving the statement, how should these claims be settled?
- A.
Comparative Negligence 50/50
- B.
Contributory Negligence with a denial
- C.
Driver vs. Driver with a denial
- D.
Not Greater Than
- 4.The L14/L14C auto pends for how many days?
- A.
10
- B.
15
- C.
25
- D.
10
- 5.Pick the answer that best describes the sequence of actions to be taken when the insured has not reported the loss.
- A.
Phone calls as often as needed, L34, L44, 15 day letter (aka final non-coop letter), non-cooperation disclaimer
- B.
Pend to EFW, phone calls as often as needed, L34, L44, non-cooperation disclaimer.
- C.
L34, phone calls as often as needed, 15 day letter, L44, non-cooperation disclaimer
- D.
L34, SIU Assist, L44, Attempt a call to the insured, non-cooperation disclaimer
- 6.If the insured has not reported the loss, but the insured's statement is on the police report, and failure by the insured to provide timely notice has not prejudiced us, we may still process the 3rd party claim.
- A.
True
- B.
False
- 7.The driver of our insured's vehicle (non-household member) reports a loss under the insured's policy. During a call to the insured it is discovered the insured sold the vehicle several months ago to the driver and agreed to keep the insurance in the insured's name as the driver has a DWI on his record. The insured cannot be paid for comp or collision as they have no insurable interest in the vehicle.
- A.
True
- B.
False
- 8.If we have determined the insured has no insurable interest in a vehicle and deny physical damage coverage, we will also deny any liability claims that arise due to a loss.
- A.
True
- B.
False
- 9.If you suspect you have a case of insurable interest, you should do all of the following except?
- A.
Review the police report for the registered owner information.
- B.
Request a DMV search to verify the titled and registered owner.
- C.
Call the insured and discuss his/her interest in the vehicle.
- D.
Pay the collision claim because insurable interest is hard to prove.
- 10.When a bank takes possession of the insured vehicle and places a claim for damages, what steps are necessary to process the claim? (check all that apply)
- A.
Payment is made immediately to the lienholder upon first notice review.
- B.
Verify there is physical damage coverage for the insured vehicle.
- C.
Call the insured and find out how the damages occurred.
- D.
Request a notice of repossession from the lien holder.
- E.
Find out if the vehicle is available for inspection and if so, assign the vehicle.
- F.
Settlement check is made payable to lienholder and the insured.
- 11.If the lienholder is listed on the policy, they are entitled to payment under Part D regardless of a statement from our insured.
- A.
True
- B.
False
- 12.If we have received a small claims summons as our first notice of the claim, the examiner should contact the insured for their loss statement; however, the L74A/L74 should NOT be sent to the claimant.
- A.
True
- B.
False
- 13.Companies that use their own money to take care of their losses without going through insurance companies
- A.
Utilize subrogation
- B.
Practice re-insurance methods
- C.
Are self-insured
- D.
Receive a company bonus
- 14.A person faced with an emergency and who acts without opportunity to consider the alternatives is not negligent if he/she acts as a reasonable prudent person would act in the same emergency even if it later appears that he/she did not make the safest choice or exercise the best judgment. This is known as the {blank} doctrine.
- A.
Legal
- B.
Abstention
- C.
Last clear chance
- D.
Emergency
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