INTRO TO CONTRACTS Flashcards

0
Q

UNIQUE CHARACTERISTICS OF INS CONTRACT

A
CONTRACT OF ADHESION
ALEATORY CONTRACT
UNILATERAL CONTRACT
CONDITIONAL CONTRACT
PERSONAL CONTRACT
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1
Q

ELEMENTS REQUIRED TO FORM ANY CONTRACT:

A
  • COMPETENT PARTIES(AT LEAST 18YRS OLD)
  • AGREEMENT- OFFER AND ACCEPTANCE
  • LAWFUL OBJECTIVE
  • CONSIDERATION-AN EXCHG OF VALUE(INSUREDS PREMIUM)
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2
Q

ALL PARTIES AGREE TO ADHERE TO THE ENTIRE CONTRACT AS A WHOLE

A

CONTRACT OF ADHESION

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3
Q

A CONTRACT IN WHICH THE VALUES EXCHANGED ARE NOT EQUAL

A

ALEATORY CONTRACT

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4
Q

ONLY ONE PARTY MAKES A LEGALLY ENFORCEABLE PROMISE

A

UNILATERAL CONTRACT

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5
Q

THE CONTRACT MAY BE VOIDED IF ALL POLICY CONDITIONS ARE NOT MET

A

CONDITIONAL CONTRACT

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6
Q

THE INSURED MAY NOT TRANSFER RIGHTS AND DUTIES UNDER THE CONTRACT WITHOUT THE INSURERS WRITTEN PERMISSION

A

PERSONAL CONTRACT

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7
Q

WARRANTIES

A

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)

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8
Q

REPRESENTATION

A

STATEMENTS MADE BY THE PROSPECTIVE INSURED ON AN APPLICATION FOR INS THAT ARE BELIEVED TO BE ENTIRELY TRUE

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9
Q

MISTEPRESENTATION

A

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

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10
Q

MATERIAL MISREP

A

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

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11
Q

CONCEALMENT

A

DELIBERATELY WITHHOLDING MATERIAL INFORMATION FROM THE INSURER; THIS WILL VOID COVERAGE

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12
Q

WAIVER

A

THE VOLUNTARY RELINQUISHMENT OF A KNOWN RIGHT

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13
Q

ESTOPPEL

A

THE INVOLUNTARY RELINQUISHMENT OF A KNOWN RIGHT

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14
Q

A CONTRACT BASED UPON THE PRINCIPLE OF INDEMNITY THAT TRANSFERS RISK FROM PERSON OR ORG TO INS COMPANY

A

INSURANCE

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15
Q

A TEMPORARY INSURANCE CONTRACT

16
Q

CHANCE OF A LOSS OR UNCERTAINTY OF LOSS:

17
Q

INSURANCE COMPANIES DO NOT INSURE THIS TYPE OF RISK

A

SPECULATIVE

18
Q

PERILS

A

CAUSE OF LOSS

19
Q

THE MATHEMATICAL CONCEPT USED BY INS COMPANIES TO PREDICT FUTURE LOSSES

A

THE LAW OF LARGE NUMBERS

20
Q

WHAT ARE THE FOUR TYPES OF LOSSES:

A
  • DIRECT LOSS-IMMEDIATE ACTUAL PHYSICAL DMG
  • INDIRECT LOSS-INABILITY TO USE PROPERTY AS A RESULT OF DIRECT LOSS

CONSEQUENTIAL LOSS- USUALLY RESULTING FROM SPOILAGE OR TEMP CHANGE

LIAB LOSS-A DAMAGE/INJURY CLAIM THAT ARISE OUT OF ACTIONS THAT CAUSE LOSS TO A THIRD PARTY

21
Q

HAZARDS

A

CONDITIONS THAT CREATE OR INCREASE THE CHANCE OF LOSS

22
Q

PHYSICAL HAZARD

23
Q

MORAL

A

DISHONESTY OF AN INSURED

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MORALE
ATTITUDE OF CARELESSNESS OR INDIFFERENCE TO LOSS
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FOUR PARTS OF THE INSURANCE CONTRACT (DICE)
DECLARATIONS INSURING AGREEMENT CONDITIONS EXCLUSIONS
26
DECLARATION PAGE INCLUDES
``` PROPERTY DISCRIPTION PARTIES TO THE CONTRACT POLICY PERIOD POLICY LIMITS DEDUCTIBLES PREMIUMS ```
27
INSURING AGREEMENT INCLUDES
INSURERS PROMISE INCLUDING THE COVERED PERILS
28
CONDITIONS
TERRITORIAL RESTRICTIONS PROCEDURES DUTIES AND RIGHTS OR THE INSURED/INSURER
29
EXCLUSIONS
LIST THE PROPERTY AND PERILS THAT ARE NOT COVERED
30
ENDORSEMENTS
CHANGES THAT ADD, DELETE OR MODIFY A POLICY
31
COMMON CONDITIONS OF INS POLICIES
POLICY TERRITORY
32
SUBROGATION RIGHTS
RIGHTS OF INSURER TO RECOVER FROM AN AT FAULT THIRD PARTY
33
ASSIGNMENT CLAUSE
EXPLAINS THE POLICY MAY ONLY BE ASSIGNED TO ANOTHER WITH THE INSURERS WRITTEN CONSENT
34
THE RIGHT OF SALVAGE
STATES; THE INSURER MAY TAKE POSSESSION OF A TOTAL PROPERTY AFTHER A FINANCIAL AGREEMENT IS SETTLED
35
OTHER INSURANCE CLAUSE
PRO RATA-THE BIGGER POLICY PAYS PROPORTIONALLTY MORE THAN THE SMALLER POLICY PRIMARY-THE PRIMARY POLICY WILL PAY FIRST EXCESS-THE EXCESS POLICY WILL PAY AFTER THE PRIMARY POL IS EXHAUSTED
36
FOUND ON ALL LIABILITY POLICIES AND ARE PAID IN ADDITION TO THE POLICY LIMITS
``` SUPPLEMENTARY PAYMENTS (BAILED): BOND FIRST AID INTEREST ON JUDGEMENTS LOSS OF EARNINGS EXPENSES INCURRED AT REQUEST OF INSURER DEFENSE AND INVESTIGATION ```