Insurance Contracts Flashcards

1
Q

Categories of risk

A

Personal - owns greatest asset

Property - Incur a financial loss

Liability - results in injury or damage to others.

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2
Q

Two types of risk

A

Pure risk- chance of loss with no financial gain

Speculative risk - chance of loss with financial gain.

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3
Q

4 common ways to deal with risk

A

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

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4
Q

Definition of Contract

A

Agreement between two competent parties, can be oral or written

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5
Q

5 elements of a contract

A

Agreement

Consideration

Legality of object

Legal capacity or parties

Genuine intention

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6
Q

Definition of agreement in contract

A

Meeting of minds.

An offer made and unconditional acceptance of the terms.

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7
Q

Definition of consideration in contract

A

Exchange of something of value

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8
Q

Definition of legality of object in contract

A

Contract intended for a purpose which is contrary to the public good is not enforceable at law.

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9
Q

Definition of Legal Capacity

A
Competent being 
Of age (19) of right mind.
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10
Q

Business names aloud on contracts must contain?

A

LTD and INC

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11
Q

Define Genuine intention on contract

A

Parties enter into a contract with 100% truthfulness.

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12
Q

Fraud

A

When one party deliberately uses/puts false information to benefit from financial gain.

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13
Q

Duress

A

Use of force or illegal imprisonment to induce people to act other the their free will

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14
Q

Concealment

A

Hide the past or please take facts

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15
Q

Mistake

A

Documents signed by mistake or in error or wrong age.

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16
Q

3 essential elements unique to insurance contracts.

A

Insurance interest

Upmost good faith

Indemnity

17
Q

Insurance interest

A

When someone is able to show that they would suffer a financial loss

18
Q

Utmost good faith

A

The complete honestly of parties

19
Q

Indemnity

A

The actual amount of loss, no more no less.

20
Q

Void contract

A

One which is unable in law to support the purpose for which it was intended

21
Q

Voidable contract

A

Voided to the wrongdoer not void to the wronged party

22
Q

Insurance binder

A

Contracts of insurance

Brokers bind an insurer on a risk

23
Q

Oral binder

A

Just as binding as written, but should be written to avoid disagreements

24
Q

Written binder

A

An insurer has been bound on a risk details on a cover note. Subject to terms and conditions.

25
Q

Source of brokers authority in binder

A

An insurance agency agreement provides with the authority

26
Q

Termination of contract

A

Must provide a basis for termination for both parties.

Rules in contract

27
Q

3 types of changes to a contract

A

Endorsement /Rider

Floater

Separate policy

28
Q

Endorsement/rider

A

Acknowledge a change in terms

29
Q

Floater

A

Provides coverage for high degree of mobility

30
Q

Separate Policies

A

Additional policy