Chapter 1 Section 2 Part 3 Flashcards

1
Q

Statutory Conditions applicable to contracts 1-4

A
  1. Misrepresentation (red, white, poka dot bun)
  2. Property of others (dirty old shoe)
  3. Change of interest (tree sprouting brilliant pink flowers)
  4. Material Change (door turned into cheese)
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2
Q

Statutory Conditions applicable to contracts 5-8

A
  1. Termination (terminators behind hive)
  2. Requirements After Loss (to cross the river Styx
  3. Fraud (there’s only one heaven…)
  4. Who may give notice and proof (those who can and cannot pass through the gate)
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3
Q

Statutory Conditions applicable to contracts 9-12

A
  1. Salvage (climbing a vine into building to salvage)
  2. Entry, Control, Abandonment (Military hen entering, controlling, then abandoning)
  3. Appraisal (is this leavened bread good enough?)
  4. When loss is payable (stacks of money on a shelf)
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4
Q

Statutory Conditions applicable to contracts 13-15

A
  1. Replacement (Queen bird with huge glittering crown pushing another bird to their death)
  2. Action (Floor falling in on itself)
  3. Notice (Guy throwing cream at a lady)
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5
Q

3 forms of Misrepresentation

A
  • Property, False Description (to prejudice of insurer)
  • Material Fact, Misrepresentation
  • Material Fact, Fraudulent Ommision
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6
Q

Effect of Misrepresentation on a Contract (+example)

A

directly linked w loss = void (heating unit)

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7
Q

three things material facts effect in a contract

A

issued (y/n)
premium $
conditions (if any)

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8
Q

three things which might be considered material facts

A

details concerning previous…

  • claims
  • cancellations
  • refusals of (insurance)
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9
Q

change of interest (generally not allowed in fire contracts) > situations where would be allowed, four

A
- bankruptcy act (authorized assignment under)
change of title by:
- succession (?)
- operation of law (?)
- death
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10
Q

Material Change > Any change with control, knowledge of insured which..? (2)

A
  • Arises after policy issued

- Increases chance of loss

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11
Q

Material Change > When reported to insurer, insurer may…? (2)

A
  • Cancel policy, Return Unearned Premium

- Retain risk, Advise Insureds (in writing of additional premium required)

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