Insurance Contracts Flashcards
Categories of risk
Personal - owns greatest asset
Property - Incur a financial loss
Liability - results in injury or damage to others.
Two types of risk
Pure risk- chance of loss with no financial gain
Speculative risk - chance of loss with financial gain.
4 common ways to deal with risk
Avoidance: all chance of loss has been eliminated
Controlling risk: Reduce the frequency and severity of loss (take preventative measures.)
Retention: retention or self-insurance
Transfer of risk: Transfer through insurance company *** MOST POPULAR
Definition of Contract
Agreement between two competent parties, can be oral or written
5 elements of a contract
Agreement
Consideration
Legality of object
Legal capacity or parties
Genuine intention
Definition of agreement in contract
Meeting of minds.
An offer made and unconditional acceptance of the terms.
Definition of consideration in contract
Exchange of something of value
Definition of legality of object in contract
Contract intended for a purpose which is contrary to the public good is not enforceable at law.
Definition of Legal Capacity
Competent being Of age (19) of right mind.
Business names aloud on contracts must contain?
LTD and INC
Define Genuine intention on contract
Parties enter into a contract with 100% truthfulness.
Fraud
When one party deliberately uses/puts false information to benefit from financial gain.
Duress
Use of force or illegal imprisonment to induce people to act other the their free will
Concealment
Hide the past or please take facts
Mistake
Documents signed by mistake or in error or wrong age.
3 essential elements unique to insurance contracts.
Insurance interest
Upmost good faith
Indemnity
Insurance interest
When someone is able to show that they would suffer a financial loss
Utmost good faith
The complete honestly of parties
Indemnity
The actual amount of loss, no more no less.
Void contract
One which is unable in law to support the purpose for which it was intended
Voidable contract
Voided to the wrongdoer not void to the wronged party
Insurance binder
Contracts of insurance
Brokers bind an insurer on a risk
Oral binder
Just as binding as written, but should be written to avoid disagreements
Written binder
An insurer has been bound on a risk details on a cover note. Subject to terms and conditions.