Law and the insurance contract Flashcards
Special features
In order for a contract to be valid it must contain four elements:
Offer and acceptance
Consideration
Legal purpose
Competent parties
This is when the applicant submits the application and submits the premium. When it is approve this is called the
Offer and Acceptance
This Is the value given (premium) in exchange for insurance coverage (death benefit)
Consideration.
The contract entered into must be legal
Legal purpose
Both parties (the insurer and the applicant) must be what at the time of the application. The applicant is considered what with three exceptions:
1. Minors
2. Mentally challenged
3. Those under the influence of drugs or alcohol
Competent parties
this contract is an agreement that both parties of the contract (insurer and insured) must perform certain actions upon the occurrence of an event or loss.
Aleatory
They can’t decide later that they meant something else; the policy will be interpreted in the way that is most favorable to insured. The insured is favored because they had less bargaining power than the carrier when the contract was written.
Adhesion
Condition when an applicant withholds important information from the agent or insurer. An insurer may void a contract if important information has been concealed.
Concealment
Contracts are what on the insured doing something. For example, making payments on time to ensure continuation of the contract, or providing proof of death or disability
Conditional
A person that will suffer a financial loss has this. Life & Health must exist at the time of issuing the policy and must be between the applicant (the future policyholder) and the insured. When the applicant is not the named insured, consent of the person to be insured is required before the policy is issued.
Insurable interest
Statements made by the applicant which he/she believes to be true
Representations
In this contract, only one party makes a promise to perform (insurer). In insurance contracts, the carrier is the only one making a promise to pay claims.
Unilateral
Condition in which there has been no attempt by either party to conceal, disguise, or deceive
Utmost Good Faith
This type of contract pays a specified amount regardless of the actual loss. and This type of contract pays an amount equal to the loss.
Valued or Indemnity