Contract Law, Producers & Types of Insurers Flashcards
Insurance Policy
A legal contract between 2 parties
1. The Insurer
2.The Policy Owners (Insured)
Personal Contract
Owned by the policyowner/insured party
-Property & Liability Policies
4 Elements of A Contract
- Agreement
- Consideration
- Competent Parties
- Legal Purpose
Agreement
A valid offer and unconditional acceptance that must be present in order for the contract to be enforceable.
Offer
-A Proposal by one party that, if accepted by another, will create and agreement
-the “offer” is generally made by the applicant for insurance
-The insurer either accepts or declines (rejects) the offer based on its underwriting criteria
Acceptance
If the insurer accepts the offer, both parties have arrived at an agreement
-The insurer issuing or the producer delivering the policy is the acceptance
Invitation
When the applicant submits an application without an initial premium
-the offer is not complete unless the premium is included in th
Counteroffer
The original offer made by the applicant has been rejected by the insurer
-the original offer is off the table