Insurance Flashcards
unilateral
Only one of the parties to an insurance contract (insurer) makes a binding promise
Life insurance is unilateral
Adhesion
Accepting contact as is
Aleatory
Amount of dollars of parties is unequal
Term insurance is aleatory
High severity low probability
Use insurance
High severity high probability
Avoidance
Low severity high probability
Use retention or reduction
Low severity low probability
Use retention
Parts of insurance contract
DICE
Declarations, Definitions
Insuring agreements
Conditions
Exculsions
Policy ownership
Ok with insurance interest
T or F: change in ownership automatically changes beneficiary
NO
Prop and casualty insurance interest rules
Pays out at time of issuance and time of loss
Life insurance insurable interest rules
Time of issuance only
When is the only time the death benefit is included in probate
When the estate is the beneficiary
Attractive Nuisance
Situation where a high degree of care is imposed on the land occupier for certain conditions of the land
Ex/ pool that isn’t screened
Vacant lot- someone breaks in to your lot and you are liable
Absolute liability
Extra hazardous condition which results in losses to others.
Workers compensation falls under absolute liability
Assumption of risk
Think of waiver you sign before you ski
Contributory negligence
Any negligence on the part of the injured party, although slight, defeats the claim (drunk driver)