Chapter 48 and 49 Flashcards
Insured pays what to the insurer
Premium if it happens of a contingency beyond the control of the parties
What do you need to insure something
Insurable interest
Defenses of insurer
Misrepresentation
Concealment
Types of fire
Friendly - contained
Hostile - outside
Valued policy
Covers full value of policy as agreed upon at the time it’s issued
Open policy
Covers fair market price calculated immediately prior to the loss
What happens to the tenant when there is a destruction of property
They still have to pay rent and the lease isn’t terminated
Abandonment
If the tenant abandons it and the landlord relets it then the tenant isn’t obligated to pay rent anymore
Landlords obligations
Quiet enjoyment: don’t interfere with the tenant
Constructive eviction: failure if landlord in an obligation under the lease that causes a substantial and lasting injury to the tenants enjoyment if the premises
Implied warrant of habitability
The leased premises have to be for for ordinary residential purposes
Read 1067
Landlords are liable for
Foreseeable criminal acts of third persons
What is insurance
A contractual undertaking of the insurer and insured