Module 17 Flashcards
What 4 things must exist for an agreement to be enforceable by law?
1) Consideration
2) Parties must have legal capacity
3) Parties must have the capacity to contract
4) Legal intention by both parties to contract
Consideration
Exchange of values, ie. money
What is the minimum age to apply for life insurance for self/others
16
What is considered an offer for the insurance applicant?
Filling out the application
What demonstrates consideration from the policy owner?
Payment of premiums
What demonstrates consideration for the insurance carrier?
The insurance contract itself
Does insurable interest need to be on the policy owner or the beneficiary?
Policy owner
Representation
Mistake in the policy that can be corrected
Warranty
Guarantee critical to acceptance of a particular risk - insurer relies on this for underwriting process, ie smoking
Material Fact
Fact having definite influence on decision of parties of contract, ie. cancer
What factor can render a contract voidable by the insurer?
Misrepresentation of a material fact
Material misrepresentation
Both parties of insurance contract must disclose all pertinent information
Mistake of Law
If parties are mistaken with regard to legal effect of some facts of contract
Concealment
When applicant consciously hides or skews facts
Incontestability Period
After 2 years, insurer cannot undo the policy, but within the 2 years, they if they find a misrepresentation, they can void the contract
Uberrimae fidei
Insurance contracts are made in the utmost good faith
How does a policy come into affect? (2 things)
1) Delivery of policy to policyowner
2) Collection of first premium
What health consideration is required for life insurance applicants?
Health cannot deteriorate between application and policy delivery time
Conditional Receipt
Carrier provides interim insurance if certain conditions are met
Aleatory
2 way - one party pays for insurance, other assumes risk in event of loss
Adhesion
One party sets out conditions of contract, the other party MUST accept all of it (no negotiation about conditions)
Unilateral
One party agrees to fulfill conditions of contract so long as the other party does their part. Ex: the insured can stop paying at any time and loses their coverage
Declarations
Statement of fact by policy owner that affects risk underwriting by insurer, ex: I am overweight and smoke
Rating
Identifies level of risk relative to baseline
Exclusions
Something that the insurer will not cover, ie. preexisting health condition
Riders/Endorsements
For life insurance policies, amendments to contract that extends coverage (ie. waive premiums in case of disability)
Floaters
For property and casualty, but same as riders, ie. Add coverage of shed to home insurance policy
Who do you have an insurable interest on that you can insure?
Child, grandchild, spouse, employee or person dependent on you for support or education
What is the difference between requirements for insurable interest for life vs property insurance?
Life insurance must only have insurable interest at time contract is issued, then can be transferred to someone without insurable interest.
Property - must have insurable interest at time of contract formation and at time of loss
Indemnity
Making good the loss, no more
Valued Contract
Amount of benefit payable established in advance (ie. establish that my necklace cost $1000 so that much will be covered in case of loss)
Parol Evidence Rule
Once contract is documented in final written form, oral statements CANNOT adjust the contract
Subrogation
Transfer of rights from insured to insurer, ie. insurance company handles your MVA claim.
Does not apply to life insurance
Name 5 steps in Risk Management process
- Set objectives
- Identify risks
- Select strategies
- Implementation
- Monitoring