Terms Flashcards
The voluntary relinquishment of a known right
Waiver
The involuntary relinquishment. If the agent says it’s covered it’s covered
Estoppel
A written condition in the policy that must be true at the time of the loss
Warranties
Insured or prospect deliberately withholds material information from the insurer; this voids coverage
Concealment
Insured or prospect giving incorrect material information to the insurer; this voids coverage
Material misrepresentation
The principle to restore the insured to the pre-loss economic or financial condition
Indemnity
The maximum amount that can be paid for covered loss
Limit of liability
Proof that someone stands to lose financially if a loss occurs; must exist at the time of the loss in property and casualty insurance
Insurance interest
Attitude or carelessness or indifference to loss
Morale hazard
Declarations
Premium Limits of liability Deductible Lien holder policy Named insured Property description
Conditions
Territory Insureds duties Subrogation rights Pro data liability clause Assignment Insurers duties
Exclusions
Property no covered
Perils not covered
Nothing the insured does, not even dishonestly, can prevent_____ from collecting under the policy
Mortgagee
Blanket
If an apartment complex with multiple building is written with a single amount of insurance, it is said to be written on a blanket form
Liability
Is the legal obligation to pay for damages caused to another
If the insurer does not abide by the terms and spirit of the policy, the court My consider this to be a breach on contract and award monetary damages to the insured.
Involves duties owed to the other parties
Bad faith
Conditional contract
Thee contract may be voided if app policy conditions are not met
Contract of adhesion
This is a contract degree by the insurer in which all parties must agree
Aleatory
This is the contract in which the values exchanged are not equal
Misrepresentation
Does not affect coverage of providing incorrect information
Deductibles
Amount of loss the insured agrees to assume before the policy limits are paid
Subrogation
The rights of the insurer, who hA settled the insureds loss,to recover from an at fault third party
Cancelation clause
Pro rata refund provided if cancelled by the insurer
Pro rata liability clause
This is used when one or more insurance policies provides coverage on the same property
Primary policy
When multiple policies cover the loss
Excess policy
When multiple policies cover the loss, the excess policy is used to pay after the primary coverage has been exhausted
Suing
Must be started within 2 years and one day
The principle that states that an insured should be restored after a loss to approximately the same financial position as before the loss is known as?
Indemnity
An insurance policy is prepared by the insurance company, with little or no input from the insured. This means that an insurance policy is?
An adhesion contract