Chapter 2- Insurance Contracts Flashcards
Principle of Indemnity
When a loss occurs, an individual should be restored to the approximate financial condition he was in before the loss; no more, no less
Principle of Indemnity:
PERSONAL CONTRACT
Contract does not insure the property, it insures the person
ALEATORY CONTRACT
Contingent on certain event that provides unequal value transfer.
(E.g. You can pay premiums and never have a loss or visa versa)
ADHESION POLICY
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
UNILATERAL CONTRACT
One-sided contract. Only provider is legally bound to perform its side of the contract
DOCTRINE OF REASONABLE EXPECTATIONS
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)
CONTRACT OF UTMOST GOOD FAITH
Both parties rely on the other to hold up their end.
CONDITIONAL
Insured must notify of loss; carrier must carry out valuation based on specifics of policy.
PARTS OF THE INSURANCE CONTRACT
Declarations Insuring Agreement Conditions Exclusions Definitions
DECLARATIONS
Named insured, address, amount of coverage, description of property, cost of policy
INSURING AGREEMENTS
In general what is covered, type of property covered and against what perils
CONDITIONS
Ground rules for policy. The responsibility of Insured and Carrier.
EXCLUSIONS
Losses not covered
DEFINITIONS
Meanings of certain terms
Part of policy