Chapter 4 Flashcards

1
Q

Life insurance is a _______ contract; subject to contract law.

A

written

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2
Q

The branch of law that deals with contract disputes is called…?

A

contract law

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3
Q

The branch of law that deals with civil disputes is called…?

A

tort law

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4
Q

The idea of when one party makes an offer, the other party accepts its terms is called…?

A

agreement

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5
Q

The idea of when both parties are legally able to extend/accept an offer is called…?

A

competent parties

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6
Q

When both parties are within their legal bound, this is called…?

A

legal purpose

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7
Q

When both parties have something of value in the contract, this is called…?

A

consideration

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8
Q

The idea that the insurance company sets the terms and conditions of the policy and the customer agrees to them is called…?

A

contract of adhesion

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9
Q

Insurance is an unequal exchange of money based on chance. One party may receive more value than the other based on uncertain future circumstances. This is called…?

A

aleatory

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10
Q

When only one party makes a promise, this is called…?

A

unilateral

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11
Q

When only pays out if some event actually happens, this is called…?

A

conditional

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12
Q

When each party is acting in good faith and trusting that the other party is as well, this is called…?

A

utmost good faith

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13
Q

When a policyholder must prove that they have a financial stake in whatever they are trying to insure, this is called…?

A

insurable interest

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14
Q

The idea that insurance contracts are meant to compensate the insured (restore them back to where they were before the loss), not provide excess benefits, this is called…?

A

indemnity concept

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15
Q

The maximum amount of money an insurer owes you if something happens is called…?

A

limit of liability

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16
Q

What 3 components make up the entire contract?

A

1.) the policy itself
2.) a copy of the application
3.) any agreed-upon riders

16
Q

An intentional act to deceive for unlawful gain is called…?

A

fraud

17
Q

Material information is information that is important to the contract and could shape the insurer’s decision to offer coverage is called…?

A

materiality

18
Q

The neglecting to communicate what you know and ought to communicate is called…?

A

concealment

19
Q

A statement guaranteed to be absolutely true

A

warranty

20
Q

The 2 types of warranties are:

A

1.) express
2.) implied

21
Q

A statement, made to the best of one’s knowledge, given before a policy is issued is called

A

representation

22
Q

A misstatement of past or present facts

A

misrepresentation

23
Q

An intentional and voluntary surrender of a known right is called…?

A

waiver

24
Q

_______ prevents an insurer from reasserting a right previously waived.

A

Estoppel

25
Q

_______ means canceling a contract/making it void

A

Rescission

26
Q

_______ ______ is a contract that was never legally binding in the first place

A

Void contract

27
Q

______ ______is a contract that can be voided under certain circumstances

A

Voidable contract