Section 3 - legal concepts of the insurance contract Flashcards

1
Q

The unwritten authority given to a producer to carry out necessary incidental acts of the agency agreement is called _____

A

Implied authority

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2
Q

Insurable interest involves what assumption?

A

One person benefits from another person’s continued life

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3
Q

Under the law of agency, the principal is considered to be _____

A

The insurer

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4
Q

The powers directly given to a producer in an agency contract are called _____

A

Express authority

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5
Q

An insurance company can be liable for a producers, unauthorized acts _____

A

When the agency contract is unclear concerning the authority given.

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6
Q

An agent whose actions exceed the authority granted by contract is ____

A

Not backed by the insurer

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7
Q

An agreement is reached when an insurance contract is formed. What is not considered to be an element of an agreement?

A

Equity

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8
Q

What qualifies as acceptance of an insurance contract offer?

A

An issued policy

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9
Q

Which situation would not require the insured consent when a life insurance policy is issued?

A

A policy is purchased by a parent for a minor child

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10
Q

Which element of a contract constitutes a definite and unqualified proposal by one party to another?

A

Offer

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11
Q

What does NOT indicate the presence of insurable interest in a life insurance contract?
Lifelong friendship
Marriage
Blood related
Co-owning a business

A

Lifelong friendship

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12
Q

The insurer’s obligation to pay a claim depends on whether the insured or beneficiary has complied with all policy conditions. This makes the policy a(n) _____

A

Conditional contract

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13
Q

Name a situation, where an insurance agent would need to guard against liability for professional errors and omissions

A

Making a recommendation to a potential insured to replace existing coverage

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14
Q

Ambiguities in insurance contracts are typically interpreted in favor of the insured. This rule is referred to as

A

Reasonable expectations

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15
Q

An appointed producers implied authority is derived

A

Express authority

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16
Q

XYZ insurance company gives direct authority to its producers to sell insurance through an agency contract, but nothing is stated regarding the collection of premiums. Which authority grants, the producer, the right to collect premiums?

A

Implied authority

17
Q

What happens when an initial offer is answered with a counter offer?

A

The initial offer is void

18
Q

Voluntarily terminating an insurance policy is also known as

A

Cancellation

19
Q

All of these statements correctly, describe an aleatory contract EXCEPT
-A legal wager is considered an aleatory contract
-Potential unequal exchange of value for both parties
-Only one party makes any kind of legally enforceable offer
-Element of chance is involved

A

Only one party makes any kind of legally enforceable offer

20
Q

A false statement on an application is called

A

Material misrepresentation

21
Q

The payment of the first premium, the promise to pay a covered loss, and the agreement to abide by policy conditions are all examples of

A

Consideration

22
Q

An insurance companies failure to enforce a contracts provision is called a

A

Waiver

23
Q

An arrangement where an individual is authorized to act on behalf of another person, or company is established through

A

The law of agency

24
Q

A contract is considered void when

A

When consideration is unequal