Insurance Basics 20% Flashcards
4 requirements of a legal contract
- Offer and Acceptance
- Consideration
- Competent Parties
- Legal Purpose
- Offer and Acceptance
mutual consent between the offeror and offeree
E.g. signing the contract
- Consideration
all parties bring something of value
E.g. money in exchange for a car
- Competent Parties
E.g. 18 years old, sober, and sane
- Legal Purpose
the purpose of the contract must be legal.
Utmost Good Faith
A characteristic of insurance contracts: ‘utmost’ meaning the ‘highest degree’ and ‘good faith’ meaning, “act with honesty, fair dealing and full disclosure.” All parties to an insurance contract must act with utmost good faith. It also applies to a fiduciary agent’s
responsibility towards the principal.
Representation
A statement assumed to be true
Misrepresentation
A false or misleading statement
Fraud
Using dishonesty to profit from an insurance policy
Soft fraud
exaggerating a claim
Hard fraud
deliberately causing or faking losses
Express Waiver
Written notice relinquishing a right, claim, or privilege
Implied Waiver
An assumed relinquishing of a right, claim, or privilege
based on practice
Estoppel
if an insurer accepts a practice for a time, it cannot later
refuse coverage because of that practice
Four Kinds of Hazards
- Moral
- Morale
- Legal
- Physical
Moral Hazard
Deliberate, reckless behavior because of
insurance coverage
Morale Hazard
Unpremeditated risky behavior because
of the comfort of insurance protection
Legal Hazard
Increased chance of loss because of legal
action
Physical Hazard
A physical condition that makes a loss
more likely
Negligence in insurance and law
Failure to use a reasonable degree of care in a particular situation, which directly results in damage to another
Negligence Checklist
- the defendant had a legal duty to act or not act in a prescribed manner
- the defendant failed to act accordingly (called a breach of duty)
- the plaintiff suffered actual loss or injury due to the defendant’s action or inaction
- the loss or injury to the plaintiff was a direct result of the breach of duty of the defendant
Special Damages
(Compensatory)
Money awarded for exact value of tangible damages
Proven by providing medical bills, repair bills, etc.
General Damages
(Compensatory)
Money awarded for intangible, emotional damages
decided by court
Losses with subjective value include:
● Expected future losses
● Mental anguish
● Permanent injury
● Loss of reputation
● Pain and suffering
● Future losses due to unemployment
Punitive Damages
Awards money for malicious, willful misconduct on the
part of the tortfeasor
● For intentional acts, such as slander, fraud, violence, oppression, or
recklessness
● Not typically covered in liability insurance