The Life Insurance Contract Flashcards
a legal contract between the policy holder and the life insurance company.
life insurance company
The contract only involves the enforceable promises of one party—the insurer. The policyowner makes no promise to pay the premiums.
unilateral contract
All provisions in a life insurance contract are determined by the life insurance company. The applicant may only accept or reject the contract.
contract of adhesion
The obligation of the insurance company to pay claim depends on the performance of certain acts by the insured or on other factors such as the payment of premiums or furnishing a proof of death.
conditional contract
The policyowner agrees to pay a certain sum of money (the premium) which has no direct relationship to a potential monetary loss. If the insured dies, the face amount of the policy will be paid as a death benefit, whether only one or more than one premium has been paid.
valued contract
There is no exchange of approximately equivalent values between the parties of a life insurance contract. It is always possible for the beneficiary of the insured to receive much more than was paid in premiums.
aleatory contract
The insurance contract promises a benefit based on a future occurrence. If there is no future loss as stipulated in the contract, there will also be no payment of benefits.
executory contract
A life insurance company has the legal capacity to enter a life insurance contract if it has the following qualifications:
- registered with SEC
- accredited by IC
has a minimum capital of 100,000,000
The policyowner has the legal capacity to enter into a life insurance contract if he or she possesses the following:
-sound mind and body
-legal age of 18
Insurable interest exists when
the owner has a reasonable chance of suffering financial loss if the insured dies
Insurable interest may exist given any of the following relationships:
-love (spouse, family)
-creditor-debtor
-employer-employee
-business partners
A ______ is a statement that must be literally true. It must be strictly complied with (as in a promise) and should expressly be written in the policy.
warranty
Should the untrue statements affect the policy, they become_______ representations.
material
______ are mere inducements to the contract
representations
_________form part of the contract and are presumed to be material.
warranties