Chapter 1 Flashcards
Insurance
the transference of risk from an insured to an insurer, who then spreads the risk among other insureds with like exposure
Risk
Chance or possibility of a loss (financial value)
Pure Risk vs. Speculative Risk
Pure Risk - chance of a loss only; insurable
Speculative Risk - chance of a loss or gain; cannot be insured
Peril
a cause of a loss (accidents and sickness)
Hazard
increases the chance of a loss
Physical - hazards physical in nature
Moral - based on values and ethics
Morale - deals with carelessness or irresponsibility
Insurers
Stock company:
- owned by its stockholders
- does not pay dividends to policyholders
- sell non-participating policies
Mutual company:
- owned by its policyholders
- pay dividends to policyholders
- sell participating policies
Dividends:
- a return of premium
- not taxable
- Cannot be guaranteed
Elements of a Legal Contract
All elements must be present to have a legal contract (CLOC):
- Competent parties
- Legal parties
- Offer + acceptance = agreement
- Consideration
Competent parties
- each party must be legally competent to enter into a contract
- Examples of those not considered competent:
- minors
- mentally unstable
- intoxicated
- under the influence of drugs
- signs of duress
- *legal age to buy insurance in IN is 16**
Legal Purpose
All contracts must be for a legal purpose to be enforced in the court of law
Offer + Acceptance = Agreement
Offer:
- made by the applicant
- offer to buy
Acceptance:
- made by the insurer
- evaluate risk, accept or deny
Counter offer:
- made by the insurer
- puts acceptance on applicant
Consideration
- something of value exchanged between the parties in the contract
Applicant:
- premiums
- information on the application
Insurer:
- promise to pay
Defining Truth
Warranties - promise or guarantee
Representation - truth to the best of one’s knowledge
Misrepresentation - mistruth or lie
Concealment - withholding of the truth
Fraud - misrepresentation with the intent to gain
When does coverage start?
Effective date - the date the policy goes into effect
Contract law - coverage does not go into effect until the application is submitted, the premium is paid, and the policy is delivered
Interim insuring agreement - allows the company to provide coverage prior to the delivery date, while the company is completing the underwriting process
Types of interim insuring agreement
Conditional receipt - coverage begins either on the date of application or the date of the physical (if required), whichever is last, if the applicant was insurance on that date
Unique characteristics
Unilateral - one party in the contract makes a promise (the insurer)
Adhesion:
- One party (the insurer) is responsible for the wording of the contract
- ambiguities are interpreted in favor of the insured
Aleatory:
- contract of unequal exchange
- one party received more than the other
Conditional Contract:
- the insurer’s obligations depend on certain conditions being met
- the conditions will be spelled out in the contract
Valued Contract:
- pays a specified amount that may or may not be related to the extent of the loss
Reimbursement contract:
- reimburse the insured based upon the extent of the loss
Service Contract:
- provides protection in the form of services rather than benefits