Texas Property & Casualty (TX-PC) · Chapter 6

Texas Property & Casualty: Advanced Policy Provisions

5 free practice questions from the 90 in this chapter of StudyWren Insurance. Pick an answer and check it to see the explanation. Part of the free Texas Property & Casualty practice exam.

Advanced Policy Provisions TX-PC-06-456

An insurer decides to cancel a homeowners policy mid-term because the insured failed to pay a premium installment when due. In Texas, how many days' advance written notice must the insurer provide to the insured before cancellation for nonpayment of premium?

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The answer is D: 10 days

Under Texas Insurance Code §551.104, an insurer that cancels a homeowners policy for nonpayment of premium must mail written notice, and the cancellation does not take effect until the 10th day after mailing. The same 10-day notice applies to the other permitted reasons, such as a fraudulent claim or an increase in hazard within the insured's control; Texas does not require a longer notice for reasons other than nonpayment. The insured can cancel at any time without a mandatory notice period.

Source: Insurance Code §551.104

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Advanced Policy Provisions TX-PC-06-472

A commercial property policy has an annual premium of $3,600. The insurer cancels the policy mid-term after 8 months because the insured committed fraud in obtaining the coverage. Using the pro rata method, what refund is the insured entitled to?

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The answer is A: $1,200

When the insurer initiates cancellation, the pro rata method is used, and the insured receives a full refund of unearned premium with no penalty. The policy was in force for 8 of 12 months, so earned premium is $3,600 x (8/12) = $2,400. The unearned premium refund is $3,600 - $2,400 = $1,200. Fraud in obtaining coverage is one of the few reasons Texas lets a commercial property insurer cancel after the policy's first 60 days (Insurance Code §551.052(c)(1)), and even then the insurer still owes the pro rata unearned premium refund.

Source: Insurance Code §551.052(c)(1)

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Advanced Policy Provisions TX-PC-06-503

A Texas workers' compensation insurer pays $150,000 in benefits to an injured worker. The injury was caused by a defective machine manufactured by a third party. The insurer pursues a subrogation claim against the manufacturer. Under Texas workers' compensation subrogation rules, which statement is TRUE?

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The answer is C: The insurer has a statutory subrogation right against the third party

Under the Texas Labor Code (Chapter 417), a workers' compensation insurer is subrogated to the injured worker's rights against a third party who is liable for the injury. It can enforce that liability in the worker's name or join the worker's suit. Whatever is recovered first reimburses the insurer for the benefits it has paid, and anything left goes to the worker and counts as an advance against future benefits (§§417.001-.002).

Source: Insurance Code §417.001

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Advanced Policy Provisions TX-PC-06-522

An applicant for auto insurance intentionally fails to disclose two prior DUI convictions on the application. After the insurer issues the policy, the insured is involved in a major accident. The insurer discovers the undisclosed DUIs during the claim investigation. If the concealment was material, what is the insurer's remedy?

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The answer is A: Void the policy from inception and deny the claim

Intentional concealment of a material fact in obtaining a policy lets the insurer rescind it: void it from inception, return the premium and deny the claim. This remedy comes from the law of misrepresentation, not from the auto policy's Fraud condition, which deals with fraud in connection with a claim. DUI history is material because it directly affects underwriting and premium. In Texas, materiality is a question of fact (Insurance Code §705.004), and the insurer must give notice that it refuses to be bound within 90 days after discovering the falsity (§705.005).

Source: Insurance Code §705.004 Insurance Code §705.005

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Advanced Policy Provisions TX-PC-06-527

A Texas homeowner's insurer discovers that the insured submitted a fraudulent claim. The insurer wants to cancel the policy mid-term for that reason. What is the minimum number of days' advance written notice Texas law requires before the cancellation takes effect?

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The answer is A: 10 days

Under Texas Insurance Code §551.104, an insurer may cancel a homeowners policy for nonpayment of premium, a fraudulent claim, an increase in hazard within the insured's control that would raise the premium rate, or a department finding that keeping the policy in force would violate the law. A cancellation on any of these grounds does not take effect until the 10th day after the insurer mails notice to the insured (§551.104(e)), so 10 days is the statutory minimum. A policy form can promise longer notice: the Texas FAIR Plan homeowners policy, for example, gives 30 days for any reason other than nonpayment.

Source: Insurance Code §551.104 Insurance Code §551.104(e)

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