CH2 Policy Provisions & Contract Law Flashcards
Four essential elements of a legal contract
Offer & Acceptance
Consideration
Competent Parties
Legal Purpose
Agreement
Offer & Acceptance
Consideration
Premiums and representations on the part of the policyowner; payment of claims on the part of the insurance provider.
Competent Parties
Legal age, sound mental capacity and no alcohol or drugs
Legal Purpose
Must be for a lawful reason, not against public policy
Representations
Statements believed to be true to the best of one’s knowledge, but they are not guaranteed to be true.
Misrepresentations
Untrue statements that may void the contract
Material Misrepresentations
Statement, that if discovered, would alter the underwriting decision of the insurance provider
Warranty
Absolutely true statement that the insurance policy depends on in order to be vaild.
Concealment
Intentional withholding of information of a material fact that is critical in making a decision and could void a policy.
Binders
Temporary agreement issued by an insurer or agent providing temporary coverage until policy can be issued.
**Expire when the policy is issued