Chapter 2- Insurance Contracts Flashcards

1
Q

Principle of Indemnity

A

When a loss occurs, an individual should be restored to the approximate financial condition he was in before the loss; no more, no less

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2
Q

Principle of Indemnity:

PERSONAL CONTRACT

A

Contract does not insure the property, it insures the person

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3
Q

ALEATORY CONTRACT

A

Contingent on certain event that provides unequal value transfer.
(E.g. You can pay premiums and never have a loss or visa versa)

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4
Q

ADHESION POLICY

A

One party has greater power over the other.

E.g. Provisions of contract are prepared by the insurer- insured does not take part in drafting contract prep

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5
Q

UNILATERAL CONTRACT

A

One-sided contract. Only provider is legally bound to perform its side of the contract

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6
Q

DOCTRINE OF REASONABLE EXPECTATIONS

A

The policy includes coverage that an average person would reasonably expect it to include.
(E.g. Courts usually side with insured in cases of policy ambiguity)

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7
Q

CONTRACT OF UTMOST GOOD FAITH

A

Both parties rely on the other to hold up their end.

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8
Q

CONDITIONAL

A

Insured must notify of loss; carrier must carry out valuation based on specifics of policy.

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9
Q

PARTS OF THE INSURANCE CONTRACT

A
Declarations
Insuring Agreement 
Conditions
Exclusions
Definitions
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10
Q

DECLARATIONS

A

Named insured, address, amount of coverage, description of property, cost of policy

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11
Q

INSURING AGREEMENTS

A

In general what is covered, type of property covered and against what perils

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12
Q

CONDITIONS

A

Ground rules for policy. The responsibility of Insured and Carrier.

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13
Q

EXCLUSIONS

A

Losses not covered

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14
Q

DEFINITIONS

A

Meanings of certain terms

Part of policy

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