Contracts Flashcards
What are contracts?
Deliberate engagement
Legal consideration
Oral or written
5 Essential Elements of Contracts
Offer and acceptance Capacity of other parties to contract Consideration Genuine Intention Legality of object
Additional Requirements for Insurance Contracts
Insurable interest
Indemnity
Utmost good faith
Voidable Contracts
- Mistake
- Misrepresentation
- Undue Influence
- Duress
The Insurance Acts require that the rules governing rights and responsibilities of all parties to the contract be part of every contract. These are:
Material Change in Risk
Prohibited use by Insured
Prohibited use by others
Requirements where loss or damage to persons or property
Requirements where loss or damage to the automobile
Inspection of automobile
Time and Manner of payment of Insurance Money
Who may give notice and proof claim
Termination
Notice
Binding Authority
Authority given by an insurer to a broker to allow the broker to bind certain insurance coverage without first submitting an application for insurer approval.
Limited Binding Authority
1) 2 + accidents or claims in past 3 yrs
2) A suspended or revoked Driver’s License within past 5 years
3) Auto Insurance previously cancelled or declined by insurance company
No binding authority
1) Any risk where coverage or rates are not shown in the rate manual
2) Custom built / home built, snowmobiles, motorcycles
3) Autos insured for Stated Values