Ch3: Legal Concepts of the Insurance Contract Flashcards
4 Elements of Legal Contract
Offer and acceptance, Competent parties, legal purpose and consideration
Aleatory
Insurance contracts are aleatory, which means that there is not an equal exchange of value, premiums paid by insured are are small in relation to the amount that will be paid by the insurance company in the event of a loss
Adhesion
aka “take it or leave it” agreements, because they’re prepared by only one party, the insurance company
Unilateral
A Unilateral contract is a one sided agreement, in which only one party, the insurance company is legally bound to do anything
Conditional
Insurance contracts are conditional, because certain conditions must be met by all parties when a loss occurs, otherwise the contract would not be legally enforceable
Indemnity
Health insurance is an indemnity contract. It only pays the amount equal to the loss