health part Flashcards

1
Q

what is not an essential part of the insurance contract

A

counteroffer

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2
Q

what do insurance contracts need to be legally binding?

A

agreement (offer and acceptance), consideration, competent parties, and legal purpose

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3
Q

when an insurer and insured enter into a contract, the insured must be what?

A

legal age and mentally competent

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4
Q

when is an insurance offer usually made?

A

when the completed application is submitted

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5
Q

what is consideration?

A

something of value that is transferred between the two parties to form a legal contract

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6
Q

examples of consideration in a policy

A
  1. something of value exchanged between parties
  2. the premium amount paid at the time of application
  3. the promise to pay covered losses
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7
Q

when an insured makes truthful statements oh the application for insurance and pays the required primum is known as what?

A

consideration

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8
Q

in forming an insurance contract. When does acceptance usually occur?

A

when an insurers underwriter approves coverage

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9
Q

A life insurance policy has a legal purpose if both of which of the following elements exist?

A

insurable interest and consent

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10
Q

what is an insurable interest?

A

the applicant must experience a financial loss when the insured is hurt or sick. Insurable interest is only needed by the applicant and only at the time of the applicant

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11
Q

an insurance policy is a legal contract and it must conform to the state laws governing contracts which don’t require…..

A

conditions

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12
Q

A misrepresentation would be considered fraud on an insurance application if….

A

if it is intentional and material

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13
Q

what is a material of misrepresentation?

A

a statement, if discovered, would alter the underwriting decision of the insurance company

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14
Q

what are representations?

A

written or oral statements made by the applicants that are considered true to the best of the applicants knowledge

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15
Q

what is a warranty?

A

a statement that is guaranteed to be true and if untrue may breach an insurance contract.

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16
Q

A contract is conditional when…

A

the contract is formed on the basis that certain conditions are met

17
Q

what happens in a unitlateral contract?

A

the insured is not legally bound to do anything. The insurer, however must pay losses covered by the policy

18
Q

What is a contract on adhesion

A

prepared by the insurer; the insureds only option is to accept or reject the policy as it is written

19
Q

what is a unilateral contract?

A

one sided: only one of the parties makes an enforceable promise

20
Q

what is an aleatory contract?

A

requires a small amount of premium for a large risk

21
Q

what is an application

A

an applicants written request to an insurer for the company to issue a contract, based on the information provided

22
Q

what does the MIB (Medical Information Bureau) provide?

A

information about an applicants medical history

23
Q

What is the Feral Fair Cedit Reporting Act?

A

regulates consumer reports, also known as consumer investigative reports, or credit reports

24
Q

Who makes up the MIB?

A

insurers, so they can compare with other companies on the info they have collected on a potential insured with info other insureds have discovered

25
Q

What does the HIV consent form provide?

A

the insurance company with the authorization to test for the presence of the HIV virus and applies to all health and life policies.

26
Q

is underwriting permitted for HIV and AIDS clients?

A

yes, as long as it is not unfairly discrimatory.

27
Q

Can medical coverage be denied for HIV clients?

A

no, it cannot be denied per recent health care reform (no exclusions for preexsisting conditions)

28
Q

What are the requirements for HIV exams?

A

the applicant must give prior informed written consent.

29
Q

Who are the HIV exam results disclosed to?

A

the underwriter, not the agents

30
Q

What is the purpose of the Federal Fair Credit Reporting Act?

A

protect consumers against circulation of inaccurate or obsolete information and to ensure that consumer reporting agencies are fair and equitable in their treatment of consumers