Chapter 1 Section 1 Part 3 Flashcards
required for proper agreement/meeting of the minds, to be valid (2)
- offer made
- unconditional acceptance of terms
What is not necessary to be in writing?
The two items required for proper agreement (meeting of the minds)
obligation/time constraint upon applicant for insurance when policy issued differently than requested?
courts may rule have accepted, if fail to promptly return policy to insurer
Four persons/incompetents who do not have legal capacity
- minors
- incompetents (mental)
- drugs, alcohol (under influence of)
- trade (names)
Three necessities of life for which minors are permitted to contract
food
clothing
lodging
Four items that might affect the presence of genuine intention
fraud
duress (threats, etc.)
concealment
mistake
Three other elements a contract needs to be enforceable (from insured’s perspective)
insurable interest
utmost good faith
indemnity
insurable interest (need to prove…)
would suffer financially by loss
indemnity (definition)
payment restricted to only that required to indemnify persons for their losses
Four persons who might have insurable interest in contract of insurance
- property owners, business partners
- mortgagees
- bailees (repair, service, safekeeping)
- anyone liable to a third party for injury/damage