Arkansas Property and Casualty Flashcards
Elements of a legal contract
- Agreement
- Consideration
- Competent Parties
- Legal Purpose
Agreement
Known as offer and acceptance.
Consideration
Both parties must bring value.
-Insured brings the application and the premium.
-Insurer brings promise to pay claims.
Competent Parties
Must be old enough (18 years or older).
Must be of sound mind.
Must NOT be under the influence of drugs or alcohol.
Offer
The Customer (insured) submits an application asking to transfer their risks to the insurance company (insurer).
Acceptance
The insurer (insurance company) agrees to accept the transfer of the risks of the insured (customer) and a policy is issued.
Representation vs. Warranty
Representation- a statement that is true TO THE BEST OF ONE’S KNOWLEDGE. It can be true or not true.
ex. Do you have cancer? To the best of my knowledge, no.
Warranty- MUST be a true statement. Cannot be false.
ex. What is the make and model of your vehicle? A 1999 Hyundai Sonata.
Binder
A temporary, oral agreement someone is covered by insurance RIGHT NOW, until the policy is issued.
A Binder expires when the policy is issued.
THERE IS NO BINDER FOR FLOOD!
What are the 7 parts of a policy’s structure?
- Declarations Page
- Definitions
- Insuring Agreement
- Additional or Supplementary Coverages
- Conditions
- Exclusions
- Endorsements
What does the Declarations Page of a policy include?
- Name of the Insurer
- Name of the insured
- Location (address)
- Amount of Coverage
- Premium
- Period
What is the purpose of the definitions page of a policy?
Defines specific terms used in the policy
What is the purpose of the Insuring Agreement?
This is a summary of the major promises of the insurance company and states what is covered. In the Insuring Agreement, the insurer agrees to do certain things such as paying losses for covered perils, providing certain services, or agreeing to defend the insured in a liability lawsuit.
Promise to Pay
Lists the Perils
Lists the Parties
Lists the covered period
Additional or Supplementary Coverages
Coverages that automatically come with the policy.
They cannot be removed or changed.
Automatically built into every policy at no additional cost
Conditions
The rules, duties, obligations and ways of behaving for both the insured and the insurer.
Exclusions
What is not covered
Earth movement and Water Damage
Endorsements
Extra coverages with extra premiums
Are written to change the policy.
Insureds
Anyone who can be covered by your insurance.
Named Insureds
The person(s) who bought the policy and is named on the Declarations Page.
First Named Insureds
On Commercial Policies, this is the designated person who can make changes to the insurance policy, whose name appears on the policy.
Additional Insured
Generally, mortgage or lien holders.
an individual or business NOT listed as insured but protected by the policy in regard to a specific interest.
Assignments
Transfer of the legal rights of the policy.
Usually, the policy is cancelled, and policy is re-written.
Arbitration
When insured doesn’t agree with the claim payout. This occurs when one is covered by someone else’s policy.
Appraisal
When the named insured doesn’t agree with the claim payout specifically for a property claim.
Other Insurance
A provision that says if you have more than one policy, all policies will pay a fair share.
The fair share is determined by “Pro-Rata”.
