Free Nebraska Property & Casualty Practice Questions

Insurance only deals with pure risk: situations where there's a chance of loss or no loss, but no chance of gain (like your house burning down). Speculative risk involves a chance of loss, no loss, OR gain. That's gambling and investing, and insurers won't touch it. If there's an upside, it's not insurable.

Indemnity is the whole heartbeat of insurance: you get made whole, not rich. The goal is to put you back where you were financially right before the loss, no better, no worse. That's why you can't insure a $20,000 car for $80,000 and cash in. Insurance reimburses a loss; it doesn't hand out winnings.

Adverse selection is the insurer's headache: the people most likely to have a loss are also the most eager to buy and keep coverage. If underwriting didn't push back, the risk pool would fill up with bad risks and the math would collapse. It's exactly why underwriting and exclusions exist.

Reinsurance is insurance for insurance companies. The original insurer (the ceding company) hands off part of its risk to a reinsurer so one giant loss doesn't sink it. Individuals never deal with reinsurers directly; it all happens behind the scenes between carriers.

A stock insurer is owned by its stockholders (shareholders), who receive taxable dividends when the company profits. Policyholders are just customers. Contrast that with a mutual insurer, which is owned by its policyholders. Stock equals stockholders; mutual equals members/policyholders.

An admitted (or authorized) insurer holds a certificate of authority from the state and plays by that state's rules. A non-admitted (unauthorized) insurer hasn't been granted one, which is where surplus lines come in for hard-to-place risks. Also worth knowing: domestic equals home state, foreign equals another state, alien equals another country.

A captive (or exclusive) agent represents a single insurer, and that insurer owns the book of business. An independent agent represents multiple companies and owns their own expirations (the renewal rights). The ownership-of-expirations detail is the classic distinguisher.

Express authority is the authority written right into the agency agreement, the powers the insurer explicitly hands the agent. Implied authority fills in the gaps needed to use that express authority, and apparent authority is what the public reasonably assumes. Express equals expressly stated.

Concealment is staying silent about a material fact you know the insurer would want, and if it's intentional, it can void the policy. It's the sin-of-omission version of misrepresentation (which is an active false statement). Both turn on the fact being 'material,' meaning it would have affected the insurer's decision.

The four elements are agreement (offer and acceptance), consideration, competent parties, and legal purpose. A notarized signature isn't on the list, so it's the odd one out. Consideration, by the way, is what each side brings to the table: the insured's premium and the insurer's promise to pay.

ACV pays what the damaged property was actually worth at the time of loss: replacement cost minus depreciation for age and wear. It leaves the insured to absorb the depreciation. Hook: ACV equals replacement cost minus depreciation, today's worn-down value.

Depreciation is the loss in a property's value from age, use, and obsolescence. It's subtracted from replacement cost to arrive at actual cash value. Hook: depreciation is the wear-and-tear value the insurer subtracts under ACV.

With agreed value, the parties set the insured amount up front (often for hard-to-value items like fine art), and that agreed figure is paid for a total loss, with the coinsurance requirement waived. Hook: agreed value locks in the payout amount ahead of time, no coinsurance fight later.

Under named perils, the insured must show the loss was caused by a listed peril. Under open perils (all-risk or special form), coverage is presumed unless the insurer proves an exclusion applies, so the burden shifts to the insurer. Open perils is the broader coverage. Hook: named perils, the insured proves it's covered; open perils, the insurer proves it's excluded.

A named perils policy covers only the perils it specifically lists, such as fire, lightning, windstorm, or theft. If the cause isn't named, there's no coverage. Hook: named perils covers only what's on the list.

An indirect, or consequential, loss is the financial fallout that follows a direct loss, like the income a business loses while closed for repairs. Business income (interruption) coverage addresses it. Hook: indirect loss is the ripple effect, the income lost after the physical damage.

The coinsurance clause pushes insureds to insure their property to an agreed percentage of value (commonly 80%). Carry less, and a penalty reduces partial-loss payments. It keeps premiums fair across policyholders. Hook: coinsurance nudges you to insure to value, or share the loss.

Comparative negligence reduces the claimant's award by their percentage of fault, so someone 30% responsible recovers 70% of their damages. It's more forgiving than the older contributory negligence rule, which could bar recovery entirely for any fault at all. Hook: comparative negligence trims your recovery by your share of the blame.

Strict (absolute) liability holds a party responsible for harm without proof of negligence or fault, typically for inherently dangerous activities (like blasting) or, in some contexts, defective products. Hook: strict liability means liable even without fault.

When an insurer pays for a loss, it generally gains rights to the salvage, the damaged property, which it can then sell to recover part of what it paid. Hook: salvage is the leftover the insurer can sell after paying the claim.

Both forms cover the dwelling on open perils, but the HO-5 upgrades personal property to open perils as well, while the HO-3 keeps personal property on named perils. The HO-5 is the broadest standard homeowners form. Hook: HO-5 takes the HO-3 and upgrades the contents to open perils too.

Coverage A insures the dwelling itself, the house and structures attached to it. Hook: Coverage A is the dwelling, the house itself.

Coverage C usually equals about 50% of the Coverage A dwelling limit, though the percentage can be adjusted. It covers the insured's belongings. Hook: Coverage C, personal property, runs about 50% of the dwelling limit.

Section I is the property side, Coverages A through D (dwelling, other structures, personal property, loss of use). Section II is the liability side, Coverages E and F (personal liability and medical payments). Hook: Section I is property A through D; Section II is liability E and F.

The dwelling under Coverage A is generally settled on a replacement cost basis, as long as the insured carries at least the required percentage, usually 80%, of replacement cost. Personal property defaults to actual cash value unless a replacement-cost endorsement is added. Hook: the dwelling is replacement cost if insured to value; contents default to ACV.

The base liability section covers bodily injury and property damage. A personal injury endorsement broadens it to cover offenses such as libel, slander, defamation, and invasion of privacy. Hook: the personal injury endorsement adds the reputation harms, libel and slander.

Coverage C follows the insured's personal property anywhere in the world, so belongings are covered while traveling or temporarily off premises, often subject to a percentage limit when away from home. Hook: your stuff is covered worldwide, not only at the house.

Items like jewelry, cash, furs, and firearms carry special low sublimits, especially for theft, because they are high in value, easily stolen, and hard to verify. To insure them fully, the owner schedules them. Hook: jewelry, cash, and guns hit special low sublimits, so schedule them for full value.

Raising Coverage C does not lift the special jewelry theft sublimit. Scheduling the ring on a personal articles floater (scheduled personal property endorsement) insures it for its full appraised value, usually on an open-perils basis and often with no deductible. Hook: beat the jewelry sublimit by scheduling the item, not by raising Coverage C.

Flood is excluded from homeowners policies and must be insured separately, usually through the National Flood Insurance Program (NFIP) or a private flood policy. Earth movement such as earthquake is likewise excluded. Hook: homeowners never covers flood, that is a separate NFIP policy.

Part D, Coverage for Damage to Your Auto, is the physical damage section that pays for damage to the insured's own car under collision and other-than-collision coverage. Part A handles liability to others, not your own vehicle. Hook: Part D is the D in damage to your own auto.

A combined single limit gives one pool of money per accident that can be used for bodily injury and property damage in any combination, instead of separate per-person and per-accident caps. It offers more flexibility on large losses. Hook: combined single limit is one bucket for everything per accident.

The first claim is capped at the 25,000 per-person limit, the other two ($20,000 and $15,000) are under that cap and paid in full, summing to 60,000. But the 50,000 per-accident bodily injury limit caps the total payout at 50,000. Hook: apply the per-person cap first, then the per-accident cap can still trim the total.

UIM fills the gap when the at-fault driver does carry liability insurance but the limits run out before the insured's injuries are fully paid. It picks up where the other driver's insufficient coverage stops. Hook: underinsured means they had some coverage, just not enough, and UIM bridges the shortfall.

UM bodily injury pays for the insured's injuries caused by an at-fault driver who is uninsured or who flees the scene. Whether UM also covers property damage varies by state. Hook: UM-BI is for your injuries when the other driver is uninsured or a hit-and-run.

Auto physical damage is normally paid on an actual cash value basis, which is replacement cost minus depreciation, reflecting the car's worth at the moment of loss. Vehicles lose value over time, so ACV is usually less than what was paid. Hook: cars are paid ACV, depreciated value, not what you paid for them.

A temporary substitute auto used because the insured's vehicle is out of service for repair, service, breakdown, or loss is treated as a covered auto, so the policy's coverages extend to it. Hook: a loaner while yours is being fixed is covered like your own car.

After a total loss, physical damage pays only the ACV, which can be less than what the insured still owes. Gap coverage pays that shortfall between the ACV and the outstanding loan or lease balance. Hook: gap covers the gap between what the car is worth and what you still owe.

Insurance covers fortuitous, accidental losses, so intentional damage caused by the insured is excluded. Allowing it would invite fraud and is against public policy. Hook: on-purpose damage is never covered, insurance is for accidents.

The PAP excludes losses occurring while the auto is used in any prearranged or organized racing or speed contest, because that activity sharply increases the risk. Hook: take it to the track and the PAP taps out, racing is excluded.

Dwelling policies fill the gap for properties homeowners forms will not write: rentals, seasonal or secondary homes, vacant dwellings, and older homes. The DP is narrower, not richer, than homeowners. Hook: the DP is the answer when the home does not qualify for homeowners.

The DP-1 is the narrowest form: it insures a short list of named perils and generally pays losses on an actual cash value basis (replacement cost minus depreciation). Hook: DP-1 is basic, named perils paid at ACV.

Among dwelling forms, the DP-3 gives the broadest protection on the structure by covering open perils. The DP-2 is broad but still named-perils, and the DP-1 is the narrowest. Hook: broadest dwelling form is the DP-3, open perils on the building.

VMM is not automatic on the DP-1; it is commonly added by endorsement, while the broader DP-2 and DP-3 include it. Vacant dwellings may have VMM restricted. Hook: VMM is an add-on for the DP-1, built into the broader forms.

The DP-2 Broad Form expands the named-perils list well beyond the DP-1, adding perils like weight of ice and snow, accidental water discharge, and falling objects. It remains named perils, just a longer list. Hook: DP-2 is still named perils, just a much longer list than DP-1.

When a DP-2 or DP-3 dwelling is insured to the required percentage of replacement cost (commonly 80%), partial losses are paid at replacement cost without a depreciation deduction. Underinsuring drops the insured back toward ACV or a prorated amount. Hook: insure a DP-3 to value and partial losses pay full replacement cost.

Because the dwelling policy is property-focused, liability and medical payments are not built in; they are added through a personal liability supplement or endorsement when the insured wants them. Hook: want liability and med pay on a DP, add the liability endorsement.

Like homeowners, dwelling policies exclude flood and earth movement (including earthquake). Flood is insured through the NFIP or a private flood policy, and earthquake can be added by endorsement or separate policy. Hook: DP and HO both exclude flood and earth movement, buy those separately.

The dwelling policy leaves out three things homeowners builds in: liability, theft, and medical payments. Each can be added by endorsement, but none is automatic. Hook: a DP skips liability, theft, and med pay unless you add them.

The DP-2 keeps the named-perils approach but lengthens the peril list and, unlike the DP-1, settles the dwelling on a replacement cost basis. Open perils is the DP-3, not the DP-2. Hook: DP-2 adds perils and upgrades the dwelling to replacement cost, still named perils.

A monoline policy covers a single line of business, such as property alone. Add a second coverage part and it becomes a package. Hook: one line is monoline; two or more is a package.

Packaging usually lowers the premium (a package credit) and reduces the chance of gaps or overlaps between separately written policies. It does not erase deductibles, conditions, or exclusions. Hook: packages save money and close the gaps between separate policies.

The common policy conditions, things like cancellation, changes, inspections, and transfer of rights, govern every coverage part in the package, while each part also has its own specific conditions. Hook: common conditions are common to all parts; specific conditions live in each part.

The first named insured may cancel by mailing or delivering notice, and the insurer may cancel by sending advance written notice (the number of days is set by the condition and state law). The first named insured acts on behalf of all insureds. Hook: the first named insured cancels by notice; the insurer cancels with advance written notice.

Building coverage takes in the structure, completed additions, permanently installed fixtures and machinery, and equipment used to maintain or service the building (like heating and air conditioning). Movable contents and stock are business personal property instead. Hook: building is the structure plus what is bolted in to run it.

The Special form is open perils: it covers all causes of loss except those specifically excluded, making it the broadest causes-of-loss form. Basic and Broad are named-perils. Hook: Special form is open perils, the broadest of the three.

Required coverage is 80% of 500,000, or 400,000. Divide carried by required (300,000 / 400,000 = 0.75) and apply that to the loss: 0.75 times 50,000 equals 37,500. Hook: coinsurance pays did over should, times the loss, here 300/400 of 50,000 = 37,500.

Business income coverage replaces the net income (and continuing expenses like payroll) the business would have earned had a covered loss not suspended operations. It is time-element coverage. Hook: business income replaces the profit you lose while you are shut down.

A claims-made form is triggered by when the claim is first reported, not when the injury happened, and a retroactive date sets the earliest loss date it will respond to. Extended reporting (tail) coverage can fill gaps at expiration. Hook: claims-made looks at when the claim is reported, bounded by the retro date.

Equipment breakdown, the modern boiler and machinery coverage, pays for sudden and accidental breakdown of boilers, pressure vessels, and mechanical or electrical equipment, plus resulting damage. Hook: equipment breakdown covers the machine blowing up, not wear and tear.

The BOP gives a small business broad, coordinated coverage at a lower bundled cost and with fewer gaps than juggling separate policies. It does not erase exclusions or premiums. Hook: the BOP wins on simplicity and price for the right-sized business.

BOPs are filed for eligible classes of small to mid-size businesses and screen on factors like size and type of operation. Risks that are too large or in an excluded class go on a CPP instead. Hook: BOPs are for eligible smaller businesses, not everyone.

BOP programs cap eligibility by size, commonly using floor area and annual gross sales or receipts for the class. Exceed the thresholds and the risk must move to a CPP. Hook: square footage and sales are eligibility gates, too big and it is a CPP.

BOPs bundle several automatic additional coverages, such as debris removal and limited money and securities coverage. Workers comp, professional liability, and auto are not part of the BOP. Hook: BOP throws in extras like debris removal and a little money and securities.

BOP medical payments is a no-fault goodwill coverage that pays modest medical bills for others injured on the premises, which can head off a larger liability claim. Hook: BOP med pay covers others' small injury bills no-fault.

Workers compensation is never part of a BOP; it is written on a separate workers comp policy. The BOP does include property, liability, and business income. Hook: a BOP has no workers comp, that is always a separate policy.

The BOP excludes most owned autos, so a business with vehicles needs a separate commercial (business) auto policy for liability and physical damage on its fleet. Hook: BOP leaves out the autos, buy commercial auto separately.

Flood and earth movement (including earthquake) are excluded under a BOP just as under other property forms, and must be insured separately. Fire, theft, and vandalism are typically covered. Hook: BOP still excludes flood and earthquake, buy those separately.

Business personal property is the contents the business owns and uses, furniture, fixtures, machinery, equipment, and stock, at the described premises. The building is separate, and licensed autos are excluded. Hook: BPP is the contents, furniture, fixtures, machinery, and stock.

Fire department service charge coverage reimburses charges a fire department bills the insured for responding to a covered fire, up to a stated limit. Debris removal and ordinance or law are different additional coverages. Hook: the fire department bill is paid by fire department service charge coverage.

Under workers compensation, an injured worker collects benefits without proving the employer was negligent, and benefits are generally owed even if the worker was careless. Fault is set aside. Hook: no-fault means benefits flow without proving blame.

Temporary total disability (TTD) replaces a portion of wages while the worker is fully unable to work but is expected to recover and return. Once recovery plateaus, the case may move to a permanent classification. Hook: temporary total is off work now, expected back later.

Part Two protects the employer against lawsuits for work-related injuries that escape the exclusive-remedy bar, such as a third-party-over action or a consequential injury claim by a family member. It backstops the gaps Part One does not address. Hook: Part Two catches the work-injury suits that slip past exclusive remedy.

Part Three provides coverage if the employer begins operations in a state listed there during the policy period, protecting against gaps when the business expands into new states. Hook: Part Three is the just-in-case coverage for states you might expand into.

The states where the employer operates and wants full statutory coverage are the listed states under Part One. States of possible future operation go in Part Three. Hook: where you operate now is listed under Part One.

Because workers compensation covers employees, a true independent contractor is normally not covered by the hiring firm's policy and is expected to carry their own. Misclassifying employees as contractors is a common compliance problem. Hook: real independent contractors are not on the hiring firm's comp.

A competitive state fund coexists with private insurers, so employers can choose between the fund and the private market. A monopolistic fund is the only option. Hook: competitive fund means you get a choice; monopolistic means you do not.

The Longshore and Harbor Workers Compensation Act (USL&H) covers maritime workers such as longshoremen and harbor workers who fall outside state workers comp. The Jones Act covers seamen and FELA covers railroad workers. Hook: dockworkers fall under USL&H, the Longshore act.

Second Injury Funds limit an employer's liability when a new work injury combines with a worker's prior impairment to cause a greater disability, removing a disincentive to hire workers with pre-existing conditions. Hook: second injury funds make it safer to hire workers with prior impairments.

The core bargain is certainty for the worker (guaranteed no-fault benefits) traded for giving up the right to sue the employer, which also caps the employer's exposure. Hook: certain benefits for the worker, no lawsuit for the employer, that is the deal.

Umbrellas require the insured to carry stated minimum underlying limits (for example on auto and homeowners liability). The umbrella then picks up above those limits. Hook: keep your required underlying limits, or the umbrella will not sit on top.

When a loss is covered by the umbrella but not the underlying policy, the insured pays a self-insured retention (much like a deductible) and the umbrella covers the rest. Hook: no underlying coverage means the umbrella kicks in after your self-insured retention.

A commercial umbrella adds limits above primary liability lines like CGL, business auto liability, and employers liability. It is excess liability, not excess property coverage. Hook: the commercial umbrella tops up the liability lines, not property.

Standard property forms exclude earth movement, but earthquake coverage can be added by endorsement or bought separately, commonly with a deductible expressed as a percentage of the dwelling limit rather than a flat dollar amount. The NFIP covers flood, not quake. Hook: earthquake is excluded but buy-back-able, usually with a percentage deductible.

Hull coverage insures the vessel itself against physical damage, much like physical damage coverage on an auto. Cargo, freight, and protection and indemnity cover other ocean marine exposures. Hook: hull is the boat itself, the ship's physical damage.

Homeowners policies give limited coverage for small, low-powered watercraft, but larger or faster boats require a dedicated boatowners or yacht policy. Hook: little boats may ride on the homeowners; real boats need their own policy.

Aviation risks (hull and liability for aircraft) are excluded from standard personal lines and must be written on specialized aviation policies. Hook: planes need aviation insurance, never the home or auto policy.

A surety bond is a three-party guarantee: the surety guarantees to the obligee that the principal will perform an obligation. Insurance, by contrast, is a two-party contract covering accidental loss. Hook: surety is three parties and a guarantee; insurance is two parties and a loss.

Personal umbrellas typically start at $1,000,000 of additional liability and increase from there, giving high-net-worth and ordinary insureds a large cushion above their home and auto limits. Hook: personal umbrellas usually begin at a cool one million.

The residual or shared market is the insurer of last resort, providing coverage (auto through assigned risk plans, property through FAIR Plans) to applicants the voluntary market turns down. Hook: the residual market is the last resort for risks no one else will write.