PROTECTING YOUR IP RIGHTS Waldo Steyn, Senior Associate, Intellectual Property December 2012.
Protecting Your Property
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Transcript of Protecting Your Property
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Protecting Your Property
#10
Property Insurance Basics
Property insurance
• protects real and personal property from losses from various perils
Liability insurance• protects against
financial consequences from insured's responsibility to others
Types of Exposure
• Inventory property• Identify potential perils
Property loss - economic loss due to property that is damaged, destroyed, or stolen
Types of liability protection:• Homeowner’s policy• Automobile policy• Umbrella policy
Liability - damage you cause others, either through your actions or negligence.
Types of Exposure
Principle of Indemnity
• Insured may not be compensated by insurance company an amount exceeding economic loss
Most property and liability insurance contracts are based on this principle
Concepts Related to Indemnity
Actual cash value
• value assigned to insured property – Replacement
cost less depreciation
Right of Subrogation• Insurer’s right to
request reimbursement from person who caused the loss or that person’s insurer
Insurance companies do not want you to profit from a loss
Other insurance clause - When multiple companies insure a property, together they will not pay more than the economic loss
Concepts Related to Indemnity
Coinsurance
• Provision requiring policyholder to buy insurance in an amount equal to a certain percentage of replacement value of property
• Or, insurance company will not fully repay the loss
– You bear part of the loss as “co-insurer”
Homeowner's Insurance
• HO-1— Basic Form• HO-2— Broad Form• HO-3— Special Form• HO-8— Modified Form
• HO-4— Renter's Form• HO-6— Condominium
Form
Homeowners Renters
• Policy states conditions (perils) under which it will pay
• Stipulate property covered and extent of coverage
Peril—a cause of loss such as fire, lightning, windstorm
Homeowner's Insurance
• Type of structure– Construction materials, style, age
• Location of home– Crime rates, weather, proximity
to fire hydrant
• Other factors– Pool, trampoline, large dog
Factors Affecting Home Insurance Costs
Section I –
• Loss to property, conditions under which it will be covered, extent of coverage– Perils rarely covered:
flood, earthquake, acts of war
Section II – • liability which
may arise in connection to property, either through your actions or negligence
Property Covered
Provides blanket or scheduled coverage of expensive personal property not adequately covered by standardized homeowner’s policy
Personal Property Floater
Renter’s Insurance
• Personal furnishings and belongings are not covered although the building may be fully insured
• Purchase a special type of homeowners policy
Types of Losses Covered by Homeowner’s Policies
• Direct loss of property
• Indirect loss occurring as a result of loss of use of damaged property
• Additional expenses resulting from direct and indirect losses
• Policy states who is covered Coverage for guests and students at
college may be limited
• Most homeowner’s policies offer coverage worldwide Second home may be an exception
Persons and Locations Covered
Limitations on Payments
Policy limits• placed on
covered property and depend on amount of home coverage
Replacement cost• amount necessary
to repair, replace, or rebuild an insured asset at today’s prices
• Actual Cash Value - what property is worth today (its depreciated value)
• Replacement Cost – amount to repair, rebuild or replace at today’s price
• Inflation Protection Rider - automatically adjusts for inflation
• Internal Limits - apply to specific items such as jewelry, watercraft, or securities
Limitations on Payments
Deductibles keep insurance costs down by eliminating frequent small loss claims that are proportionately more expensive to administer
Deductible - amount paid out of pocket on covered losses
Deductibles
Homeowner Premiums
• Differ from company to company• Depend on structure type, property
location, or property hazards • Discounts offered
– non-smokers– security systems
Types of Automobile Insurance Coverage
• Part A – Liability coverage• Part B – Medical Payments coverage• Part C – Uninsured motorists coverage• Part D – Coverage for damage to your
vehicle
Part A: Liability Coverage
• Required in most states• Pays injury and property damages to others
when you are responsible for the loss• Covers costs of settling or defending claims
for damages
Part A: Policy Limits
• Insurance company may limit total damages paid for any one accident– Typical limits are $50,000, $100,000,
$300,000 and $500,000
• Some insurers split the limits of liability coverage available
Four Parts of a PAP
Part A: Persons Insured
Insured Person• the named insured• family members• any person using
covered auto• any person or
organization responsible for insured’s actions
Covered Auto• listed on declaration
page • acquired during
policy period • any vehicle
temporarily used while auto is being repaired
• Reimbursement for medical expenses resulting from an accident
• Covers insured, family members, and passengers in covered autos
• Covers injuries sustained as a pedestrian or while riding a bicycle
Part B: Medical Payments
• Pays when other driver has no insurance or if hit-and-run
• Usually pays for bodily injuries, not property damage
• Additional coverage available to protect against underinsured motorists
Must meet criteria:• Another driver at
fault• Other motorist
uninsured• Damages were
incurred
Part C: Uninsured Motorists
Part D: Physical Damage to a Vehicle
Collision • Pays the actual cash value of the damage
minus deductibles• Pays no matter who is at fault• Required for financed cars to
protect the investment
• Protects against loss to insured auto caused by perils other than collision– hail, fire, theft, falling objects
Comprehensive
Part D: Physical Damage to a Vehicle
• Reimburses parties involved in an accident without regard to negligence
• Each party compensated by their own insurance company
• Restricts remedies and payments for pain and suffering
• State laws vary regarding amount of no-fault benefits and restrictions for legal actions
No-Fault Automobile Insurance
Factors Affecting Premiums
• Rating territory • Use of automobile• Driver’s personal characteristics• Type of automobile• Driving record
Financial Responsibility Laws
Require motorists to buy a minimum amount of auto liability insurance
• Compulsory auto insurance laws require proof of insurance when acquiring license plates
• Others require proof of coverage after an accident
Supplemental Property Insurance Coverage
• Earthquake & flood - not included in standard homeowner's policies
• Other forms of transportation - mobile homes, RVs, boats, etc.
Personal liability umbrella - additional liability coverage for homeowner and auto insurance
Property and Liability Insurance Agents
Captive agent Represents one insurance company
Independent agent Represents multiple insurance companies
Before selecting• Review total property
and liability exposures • Inventory property and
identify exposures• Determine appropriate
covered perils, limits, deductibles, and floater policies
Buying Insurance and Settling Claims
names, addresses, phone numbers
driver's license, auto license, insurance policy numbers
vehicle description for all involved
get names, addresses, phone numbers of witnesses
contact police and insurance agent
After an accident be sure to get:
Remember to --
Do not leave the scene of the accident
1. Notice to insurance company
2. Investigation
3. Proof of loss
Claims adjustor will:1. Evaluate claim
2. Recommend settlement of amount
requested settlement of a lesser
amount denial of claim
Steps in Claim Settlement