Exam 17: Personal Property: Bailment and Insurance
Identify and briefly explain three reasons why property insurance very often does not provide full indemnification,in the sense that it does not provide the insured with enough money to buy a replacement for a lost or destroyed piece of property.
First,as a matter of risk management,it is critically important to understand the scope of coverage that is provided by an insurance policy.Not surprisingly,you only get what you pay for.Most insurance contracts are based on standard form agreements that cover common events,like fires,floods,storms,and thefts.That basic coverage,however,is subject to various restrictions.Standard fire insurance,for instance,may not cover accidents that arise from the storage of explosives or from riots.As a general rule,you can obtain extra protection for those events,but you will have to pay higher premiums.
Property insurance merely provides indemnification,in the sense that it is aimed at reimbursing the insured for a loss that has occurred.Very often,however,the benefit that the insured receives under a policy is insufficient to replace lost or damaged property with new replacements.This is True for several reasons.
- First,most insurance contracts are based on standard form agreements that cover common events,like fires,floods,storms,and thefts.This basic coverage is subject to various restrictions.Standard fire insurance,for instance,may not cover accidents that arise from the storage of explosives or from riots.As a general rule,extra protection can be purchased with respect to those events,but only at an additional price.Consequently,even if a widget is subject to property insurance,the insured may not be entitled to receive any benefit if the loss does not fall within the scope of the policy.
- Second,there are different ways of calculating the loss that occurs when property is lost,damaged,or destroyed.If a piece of equipment is badly damaged in a fire,a policy may entitle the insured to replace it with a new machine.It is more likely,however,that the insurance company is only obligated to pay an amount equal to the value of the equipment the moment before it was destroyed.And if that equipment had been in use for some time before the accident,its depreciated value would probably be far less than the cost of a replacement.Consequently,unless the insured can find a suitable second-hand substitute,the policy will not actually provide enough money to purchase a substitute.And it almost certainly will not provide the insured with enough money to buy a new replacement.
- Finally,property insurance policies usually include deductibles.A deductible occurs when the insurer is not required to provide indemnification for the initial part of a loss.A common example arises in connection with cracked automobile windshields.The driver usually agrees to pay the first $250 towards a repair.Of course,the insured can always ask for a policy that does not have a deductible and that provides full replacement cost.But again,it will pay accordingly.
Naomi owned an inventory of widgets worth $100 000.She purchased $40 000 worth of property insurance from Huron Insurance Co.That policy contained a co-insurance clause that required at least 80 percent coverage.A flood caused extensive damage to Naomi's widgets.Naomi will be entitled to receive a benefit of $20 000 if the flood caused damage worth
C
Alan purchased a piece of land from Zirka.He used a cheque to pay for the price.Which of the following statements is TRUE?
C
Bonzi found a necklace while staying in a hotel that is owned by Alpha Corp.To whom does the necklace belong? Explain your answer,and identify any additional facts that are required before the issue can be fully resolved.
Raja gave a widget to Northwest Storage.Under the terms of the parties' contract,Northwest Storage was required to safely store the widget from October to April,and to then return it to Raja.The widget was in excellent condition when Raja delivered it to Northwest Storage,but it was badly damaged upon its return.A court has held that,on the facts,the burden of proof will be shifted.What does that mean? Which party will the court's decision favour? What is the policy justification for shifting the burden of proof?
Tara operates a small computer design business.Her primary asset is her computer system,which she bought four years ago for $10 000.She bought property insurance with respect to that machine.Tara's computer was recently stolen.Her insurance policy covers loss by theft and the insurance company admits that it must pay a benefit to Tara.The concept of indemnification necessarily means that Tara will receive either $10 000 or the price of a new computer that is at least as good as her old computer was when it was new.
Veda owned a diamond necklace.She entered into an insurance contract for coverage of the necklace.Under the terms of that contract,she was required to pay $500 per month.After Veda paid the premium for two months,the necklace was stolen.Her insurance policy covers loss by theft and the insurance company admits that it must pay a benefit to her.That policy,however,contains a "deductible." This means that the benefit that Veda is entitled to receive from the insurance company will be reduced by the amount that she actually paid as premiums: $1000.
Pan-Canada Delivery Inc is a common carrier.It accidentally damaged an expensive shipment of goods.Nevertheless,it cannot possibly be held liable if
Jermaine borrowed Lola's boat for a week.Before handing over possession,Lola stressed that she did not want anyone other than Jermaine to drive the boat.Jermaine agreed to that condition.Shortly before the week was about to end,however,Jermaine allowed Xavier to take the boat on a solo cruise around the lake.In doing so,Jermaine broke his promise to Lola,but he did exercise every precaution.Before handing the boat over to Xavier,Jermaine made sure that Xavier was experienced,competent,and careful.Unfortunately,even though both Jermaine and Xavier exercised reasonable care,the boat was badly damaged in a freak accident.Which of the following statements is TRUE?
Tamika rented a warehouse from Lester.During the life of the lease,she attached shelves along the interior walls.The lease has expired.Each party claims to own the shelves,which are still in place.In deciding the case,a judge would be MOST influenced by
Darcy received a widget from Rachel under a bailment.The widget was damaged while it was in his possession.As a result,Rachel has sued Darcy.Which of the following statements is TRUE with respect to Darcy's liability?
Surinder rented a boat from Aqua Inc.Is the parties' relationship better described as a sale or as a bailment? Explain your answer.
The distinction between real property and personal property consists of the fact that real property can never be physically picked up and moved from place to place,and personal property can always be physically picked up and moved from place to place.
"The acquisition of personal property always involves the intention of at least two people." Is this statement true? Explain your answer by using examples.
Rose and Caradoc were romantically involved for several years.During that time,she gave a necklace to him.The couple had a terrible fight and broke up.Because he no longer wanted anything to do with Rose,Caradoc threw the necklace into a garbage can that was located in the main hall of a railway station.That station is owned by the Regional Transport Authority (RTA).Francis saw the necklace in the garbage and took it home with him.All four parties now claim the right to possession of the necklace.Which of the following statements is most likely TRUE?
Erin owns and operates a computer design business that employs 20 people.She recently purchased business interruption insurance and key person insurance.What was her likely purpose in doing so?
Gamma Ltd owns a widget.It purchased property insurance from Atlantic Insurance Co.The widget was recently destroyed by a fire.It was worth $75 000,and it will cost that much to replace it.Both parties agree that that loss falls within the terms of the policy.Nevertheless,a dispute has arisen regarding a $5000 deductible.That most likely means that
Solace Insurance Company (SIC)sold an insurance policy to Kelly.Because of the occurrence of certain events,the concept of subrogation has become relevant.This most likely means that
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