Terms 2 Flashcards

1
Q

A contract that has been prepared by one party with no negotiation between the applicant and insurer

A

Adhesion

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2
Q

Represents themselves and the insurer

A

Agent

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3
Q

Presents the potential for an unequal exchange of value or consideration between both parties

A

Aleatory

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4
Q

The appearance of the insurer providing the agent authority to perform unspecified tasks based in the agent insurer relationship

A

Apparent authority

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5
Q

Represents themselves and the insured

A

Broker

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6
Q

One who is capable of understanding the contract being agreed to

A

Competent party

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7
Q

The failure of the applicant to disclose a known material fact when applying for insurance

A

Concealment

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8
Q

The insurers promise to pay benefits depending on the occurrence of an event covered by the contract

A

Conditional

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9
Q

Sets forth the amount of invites and renewal premiums and frequency of future payments

A

Consideration

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10
Q

Provides insurer with a completed application and initial premium as consideration for insurance

A

Applicant

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11
Q

The legal impediment to one party denying the consequences of its own actions or deed if such actions or deeds result in another party acting in a specific manner or if certain conclusions are drawn

A

Estoppel

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12
Q

Explicit authority granted to the agent in the agency contract

A

Express authority

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13
Q

The responsibility an insurance producer has to account for all premiums collected and provide sounds financial advice to clients

A

Fiduciary

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14
Q

The deliberate knowledge of or intentional deceit to make false statements to be compensated by an insurance company

A

Fraud

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15
Q

An authority not explicitly granted to the agent in the contract of agency, but which common sense dictates the agent has

A

Implied authority

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16
Q

Attempt to return the insured to their original financial position

A

Indemnity contract

17
Q

The financial, economic, and emotional impact associated with a person experiencing a specified loss

A

Insurable interest

18
Q

A written contract

A

Insurance policy

19
Q

Means an insurance contract must be legal in nature

A

Legal purpose

20
Q

A false statement made by an applicant that would influence an insurer in determining whether or not to accept the risk

A

Material misrepresentation

21
Q

Parties put their agreement in writing

A

Parole evidence rule

22
Q

An amendment added to an insurance contract that overrides terms in original policy

A

Rider or endorsement

23
Q

The insured in entitled to coverage under a policy that any sensible and prudent person would expect it to provide

A

Reasonable expectations

24
Q

Statement made by the applicant they consider to be true

A

Representations

25
Q

Right for an insurer to pursue a third party that caused an insurance loss to be insured

A

Subrogation

26
Q

Only one party makes any kind of enforceable promise

A

Unilateral

27
Q

The belief that both the policy owner and the insurer must know all the material facts and relevant information

A

Utmost good faith

28
Q

Pays a stated sum regardless of the actual loss incurred

A

Valued contract

29
Q

May be set aside by one of the parties in the contract for a reason unsatisfactory to court

A

Voidable contract

30
Q

Voluntarily giving up of a legal given right

A

Waiver

31
Q

Statement made by the applicant that is guaranteed to be true in every aspect

A

Warranty

32
Q

What are the 4 essential elements that must be contained in every contract

A

Offer and acceptance
Consideration
Legal purpose
Competent parties

33
Q

Requires full compensation for proved harm

A

Tort law

34
Q

An insurance where the insurer agrees to pay sums that the agent legally is obligated to pay for injuries resulting from professional services that he rendered or failed to render

A

Errors and omissions professional liability insurance