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
Right for an insurer to pursue a third party that caused an insurance loss to be insured
Subrogation
26
Only one party makes any kind of enforceable promise
Unilateral
27
The belief that both the policy owner and the insurer must know all the material facts and relevant information
Utmost good faith
28
Pays a stated sum regardless of the actual loss incurred
Valued contract
29
May be set aside by one of the parties in the contract for a reason unsatisfactory to court
Voidable contract
30
Voluntarily giving up of a legal given right
Waiver
31
Statement made by the applicant that is guaranteed to be true in every aspect
Warranty
32
What are the 4 essential elements that must be contained in every contract
Offer and acceptance Consideration Legal purpose Competent parties
33
Requires full compensation for proved harm
Tort law
34
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
Errors and omissions professional liability insurance