Characteristics of Insurance Contracts Flashcards
6 Characteristics of insurance contract
- ) Personal: follows the person, not the property.
- ) Contract of Adhesion: insurer is responsible for the terms, insured has no say in the wording, courts favor insured if contract is ambiguous.
- ) Utmost good faith: applicants expected to be honest about risk to insurer, also applies to insurer (if not, policy can be voided).
- ) Aleatory: depending on an unknown future event.
- ) Unilateral: Insurer has an obligation to pay for covered losses, but the insured has no obligation to continue paying premiums.
- ) Conditional: Insurer only has to perform if certain conditions are met (such as covered losses). The Insured must fulfill all conditions listed in the policy.
Basic sections of a typical policy
- ) Declarations page
- ->Definitions - ) Insuring Agreement
- ) Conditions
- ) Exclusions
- ->Endorsements
6 Traits of insurance contract: Utmost good faith
Both parties must act honestly and openly in order for the contract to be valid.
6 Traits of insurance contract: Adhesion
One party sets the terms of the contract, the other may simply agree or not agree.
6 Traits of insurance contract: Unilateral
Only the insurer makes a promise to act; the insured can void contract at any time.
6 Traits of insurance contract: Personal
The insured person is protected from losses, not the covered property.
6 Traits of insurance contract: Conditional
The insurer must only honor the contract if the insured meets certain conditions.
6 Traits of insurance contract: Aleatory
The execution of the contract depends on an unknown future event.
Declarations page
- Names both parties
- Policy number
- Location and description of insured item
- Value of insured item
- Dates of the policy
- Amount and limit of coverage
- Deductible
- Premium
Insuring agreement
- What is covered.
- Which causes of loss are covered.
- Any services provided.
- Any exclusions to coverage.
- The maximum limit of policy coverage in dollars.
Conditions
Insurer specifies any limits or qualifications the policyholder must meet.
Common exclusions
- earthquakes
- flooding
- war
- nuclear hazards
- intentional acts
Endorsements (aka: Rider, addendum, attachment) are added to policy to
- add or reduce coverage
- change policy provisions
- change the premium price after the policy period ends
Certificate of insurance
- includes basic details of the insurance policy
- Constitutes proof of coverage
- Often required for rivers
Conditions
Lists requirements that the insured must meet for coverage to apply