Unit Two Contracts Flashcards

1
Q

What does CLOAC stand for?

A

Consider
Legal purpose
Offer
Acceptance
Competent parties

These are elements of illegal contract

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2
Q

To be valid, a contract must be for a?

A

Legal purpose 

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3
Q

What is aleatory?

A

Unequal value
Pay small premium, and have a large claim or pay premiums for many years without a claim 

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4
Q

What is a Personal Contract?

A

Contract between the insurance company and the insured
Cannot be changed to someone else 

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5
Q

Define conditional contracts

A

Insured must pay the premium for coverage and file a claim if a lost occurs

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6
Q

Define indemnity

A

Pay for the loss with no gain
No more no less

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7
Q

Define representation

A

Believed to be true

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8
Q

Define misrepresentation

A

Information given that is not true, but would not affect the insurance companies decision

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9
Q

Define material misrepresentation

A

Information given that is not true and does affect the insure decision

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10
Q

Define warranty 

A

I promise

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11
Q

Define concealment

A

Failure to disclose
If intentional and the information is material coverage would be voided 
If not, intentional coverage cannot be voided 

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12
Q

Define fraud

A

Intentional act to cheat another

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13
Q

Define waiver

A

Voluntarily giving up a right

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14
Q

Define estoppel

A

Once a waiver has been created, it cannot be changed

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