Characteristics of Insurance Contracts Flashcards

1
Q

6 Characteristics of insurance contract

A
  1. ) Personal: follows the person, not the property.
  2. ) Contract of Adhesion: insurer is responsible for the terms, insured has no say in the wording, courts favor insured if contract is ambiguous.
  3. ) Utmost good faith: applicants expected to be honest about risk to insurer, also applies to insurer (if not, policy can be voided).
  4. ) Aleatory: depending on an unknown future event.
  5. ) Unilateral: Insurer has an obligation to pay for covered losses, but the insured has no obligation to continue paying premiums.
  6. ) 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.
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2
Q

Basic sections of a typical policy

A
  1. ) Declarations page
    - ->Definitions
  2. ) Insuring Agreement
  3. ) Conditions
  4. ) Exclusions
    - ->Endorsements
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3
Q

6 Traits of insurance contract: Utmost good faith

A

Both parties must act honestly and openly in order for the contract to be valid.

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4
Q

6 Traits of insurance contract: Adhesion

A

One party sets the terms of the contract, the other may simply agree or not agree.

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5
Q

6 Traits of insurance contract: Unilateral

A

Only the insurer makes a promise to act; the insured can void contract at any time.

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6
Q

6 Traits of insurance contract: Personal

A

The insured person is protected from losses, not the covered property.

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7
Q

6 Traits of insurance contract: Conditional

A

The insurer must only honor the contract if the insured meets certain conditions.

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8
Q

6 Traits of insurance contract: Aleatory

A

The execution of the contract depends on an unknown future event.

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9
Q

Declarations page

A
  • 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
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10
Q

Insuring agreement

A
  • What is covered.
  • Which causes of loss are covered.
  • Any services provided.
  • Any exclusions to coverage.
  • The maximum limit of policy coverage in dollars.
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11
Q

Conditions

A

Insurer specifies any limits or qualifications the policyholder must meet.

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12
Q

Common exclusions

A
  • earthquakes
  • flooding
  • war
  • nuclear hazards
  • intentional acts
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13
Q

Endorsements (aka: Rider, addendum, attachment) are added to policy to

A
  • add or reduce coverage
  • change policy provisions
  • change the premium price after the policy period ends
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14
Q

Certificate of insurance

A
  • includes basic details of the insurance policy
  • Constitutes proof of coverage
  • Often required for rivers
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15
Q

Conditions

A

Lists requirements that the insured must meet for coverage to apply

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16
Q

Definitions

A

Information that makes the policy unique to a specific insured.

17
Q

Exclusions

A

Causes of loss or items of property that are not covered by the policy.

18
Q

Endorsements

A

Add, reduce, or change the coverage of the policy in some way.

19
Q

Definitions

A

Explains exactly what specific words mean in the context of the policy.

20
Q

Insuring agreement

A

Essence of the contract. Summarizes what the insurer will cover and how.