Long-term Insurance Flashcards
Insurance contract
A contract between an insurer and an insured,
whereby the insurer undertakes in return for the payment of a premium
to render to the insured a sum of money, or its equivalent,
on the happening of a specified uncertain event in which the insured has some interest.
Insurance law
Common law
Long-term Insurance Act 52 of 1998
Short-term Insurance Act 53 of 1998
Insurance Act 18 of 2017
FAIS Act
The Constitution and Bill of Rights
ESSENTIALS
An undertaking by the insured to pay a premium
An obligation by the insurer to compensate the insured for for either patrimonial or non-patrimonial loss
The risk that is being insured against
An insurable interest
Parties
The insurer (registered with FSB)
The insured (policyholder)
The third party (cessionary/beneficiary)
Indemnity insurance
the insurer will indemnify the insured for patrimonial loss/damage suffered as a result of the event insured against happening.
Characteristics of indemnity contract
for patrimonial loss (property)
monetary compensation (for actual loss)
limited financial interest (to loss/damage)
Must exist at time of loss
Capital insurance
the insurer undertakes to pay a specified amount to the insured if the insured event occurs.
Characteristics of capital insurance
for non-patrimonial loss (limbs/life)
monetary satisfaction (regardless of financial loss)
unlimited interest (own/spouse) & limited financial interest (family members/debtors)
Must exist at time of taking out the contract
Principle of indemnity
insurer undertakes to indemnify the insured against loss or damage resulting from the occurrence of an uncertain event