Chapter 1 & 9 Review: Risk Management & Insurance Contracts
Classified in Law & Jurisprudence
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Chapter 1 Review: Understanding Risk
Key Risk Management Terms
Types of Risk
- Systemic Financial Risk: Risk that affects the entire economy or system, not just individuals.
- Risk: Uncertainty about a future outcome, particularly a negative one.
- Pure Risk: Risk with the possibility of loss but no chance of gain.
- Speculative Risk: Risk with the possibility of both gain and loss.
- Fundamental Risk: Risks that are pervasive to the whole economy, also known as "systemic" risk.
- Diversifiable Risks: Risks that can be mitigated by having a broad mix of risk exposures.
Risk Attitudes
- Risk Averse (Avoider): Prefers to avoid risks and seeks security.
- Risk Seeker (Taker): Enjoys taking risks.
- Risk Neutral: Preference lies between risk averse and risk seeker.
Risk Management Techniques
- Diversification: Investing in a variety of assets to balance potential positive and negative outcomes.
- Hedging: Activities taken to reduce or eliminate risk.
- Risk Retention: When a firm keeps the risk (also known as "self-insuring").
Types of Loss
- Product Liability: When a manufacturer may be held liable for harm caused by its product, even if responsibly produced.
- Indirect Loss: A non-physical loss, such as loss of business, resulting from a "pure" risk.
- Property Loss: Loss or damage to property, also a result of a "pure" risk.
- Liability Loss: Loss caused by a third party who is considered to be at fault.
Other Important Terms
- Risk Manager: Individual who manages specific risks.
- Uncertainty: Having two or more potential outcomes for an event.
- ERM (Enterprise Risk Management): The simultaneous consideration and management of all risks within an organization.
Chapter 9: Insurance Contracts
3.1 Contracts of Adhesion
- Insurance policies are contracts of adhesion, meaning insureds have limited input in the policy's terms.
- Insureds can either accept or reject the contract as offered by the insurer.
- Interpretation of contracts of adhesion favors the insured in cases of ambiguity and considers the insured's reasonable expectations.
- The expectations principle guides interpretation based on how an insured would understand the contract.
3.2 Indemnity Concept
- Indemnity means the insurer pays no more (and no less) than the actual loss suffered by the insured.
- This principle prevents insureds from profiting from losses, which would negatively impact society and the insurance industry.
- Several legal principles and policy provisions support the doctrine of indemnity.