INTRO TO CONTRACTS Flashcards
UNIQUE CHARACTERISTICS OF INS CONTRACT
CONTRACT OF ADHESION ALEATORY CONTRACT UNILATERAL CONTRACT CONDITIONAL CONTRACT PERSONAL CONTRACT
ELEMENTS REQUIRED TO FORM ANY CONTRACT:
- COMPETENT PARTIES(AT LEAST 18YRS OLD)
- AGREEMENT- OFFER AND ACCEPTANCE
- LAWFUL OBJECTIVE
- CONSIDERATION-AN EXCHG OF VALUE(INSUREDS PREMIUM)
ALL PARTIES AGREE TO ADHERE TO THE ENTIRE CONTRACT AS A WHOLE
CONTRACT OF ADHESION
A CONTRACT IN WHICH THE VALUES EXCHANGED ARE NOT EQUAL
ALEATORY CONTRACT
ONLY ONE PARTY MAKES A LEGALLY ENFORCEABLE PROMISE
UNILATERAL CONTRACT
THE CONTRACT MAY BE VOIDED IF ALL POLICY CONDITIONS ARE NOT MET
CONDITIONAL CONTRACT
THE INSURED MAY NOT TRANSFER RIGHTS AND DUTIES UNDER THE CONTRACT WITHOUT THE INSURERS WRITTEN PERMISSION
PERSONAL CONTRACT
WARRANTIES
WRITTEN PROMISE IN THE POLICY THAT THE INSURED WILL OR WILL NOT DO SOMETHING; IF BREACHED, COVERAGE WILL BE SUSPENDED AND THE CLAIM DENIED AS IT RELATES TO WARRANTY(KEEP FIRE PROTECTION ON)
REPRESENTATION
STATEMENTS MADE BY THE PROSPECTIVE INSURED ON AN APPLICATION FOR INS THAT ARE BELIEVED TO BE ENTIRELY TRUE
MISTEPRESENTATION
INCORRECT INFORMATION GIVEN BY PROSPECT/INSURED THAT DOES NOT EFFECT COVERAGE; INSURER WOULD HAVE MADE THE SAME COVERAGE DECISIONS WHETHER OR NOT THE TRUTH WAS KNOWN
MATERIAL MISREP
INCORRECT INFO GIVEN BY THE PROSPECT THAT VOID THE INS CONTRACT BECAUSE THE INSURER WOULD HAVE MADE A DIFFERENT DECISION OF TRUTH HAD BEEN KNOWN
CONCEALMENT
DELIBERATELY WITHHOLDING MATERIAL INFORMATION FROM THE INSURER; THIS WILL VOID COVERAGE
WAIVER
THE VOLUNTARY RELINQUISHMENT OF A KNOWN RIGHT
ESTOPPEL
THE INVOLUNTARY RELINQUISHMENT OF A KNOWN RIGHT
A CONTRACT BASED UPON THE PRINCIPLE OF INDEMNITY THAT TRANSFERS RISK FROM PERSON OR ORG TO INS COMPANY
INSURANCE