Chapter 1 Section 2 Part 3 Flashcards
Statutory Conditions applicable to contracts 1-4
- Misrepresentation (red, white, poka dot bun)
- Property of others (dirty old shoe)
- Change of interest (tree sprouting brilliant pink flowers)
- Material Change (door turned into cheese)
Statutory Conditions applicable to contracts 5-8
- Termination (terminators behind hive)
- Requirements After Loss (to cross the river Styx
- Fraud (there’s only one heaven…)
- Who may give notice and proof (those who can and cannot pass through the gate)
Statutory Conditions applicable to contracts 9-12
- Salvage (climbing a vine into building to salvage)
- Entry, Control, Abandonment (Military hen entering, controlling, then abandoning)
- Appraisal (is this leavened bread good enough?)
- When loss is payable (stacks of money on a shelf)
Statutory Conditions applicable to contracts 13-15
- Replacement (Queen bird with huge glittering crown pushing another bird to their death)
- Action (Floor falling in on itself)
- Notice (Guy throwing cream at a lady)
3 forms of Misrepresentation
- Property, False Description (to prejudice of insurer)
- Material Fact, Misrepresentation
- Material Fact, Fraudulent Ommision
Effect of Misrepresentation on a Contract (+example)
directly linked w loss = void (heating unit)
three things material facts effect in a contract
issued (y/n)
premium $
conditions (if any)
three things which might be considered material facts
details concerning previous…
- claims
- cancellations
- refusals of (insurance)
change of interest (generally not allowed in fire contracts) > situations where would be allowed, four
- bankruptcy act (authorized assignment under) change of title by: - succession (?) - operation of law (?) - death
Material Change > Any change with control, knowledge of insured which..? (2)
- Arises after policy issued
- Increases chance of loss
Material Change > When reported to insurer, insurer may…? (2)
- Cancel policy, Return Unearned Premium
- Retain risk, Advise Insureds (in writing of additional premium required)