INTRO TO CONTRACTS Flashcards

0
Q

UNIQUE CHARACTERISTICS OF INS CONTRACT

A
CONTRACT OF ADHESION
ALEATORY CONTRACT
UNILATERAL CONTRACT
CONDITIONAL CONTRACT
PERSONAL CONTRACT
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1
Q

ELEMENTS REQUIRED TO FORM ANY CONTRACT:

A
  • COMPETENT PARTIES(AT LEAST 18YRS OLD)
  • AGREEMENT- OFFER AND ACCEPTANCE
  • LAWFUL OBJECTIVE
  • CONSIDERATION-AN EXCHG OF VALUE(INSUREDS PREMIUM)
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2
Q

ALL PARTIES AGREE TO ADHERE TO THE ENTIRE CONTRACT AS A WHOLE

A

CONTRACT OF ADHESION

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3
Q

A CONTRACT IN WHICH THE VALUES EXCHANGED ARE NOT EQUAL

A

ALEATORY CONTRACT

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4
Q

ONLY ONE PARTY MAKES A LEGALLY ENFORCEABLE PROMISE

A

UNILATERAL CONTRACT

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5
Q

THE CONTRACT MAY BE VOIDED IF ALL POLICY CONDITIONS ARE NOT MET

A

CONDITIONAL CONTRACT

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6
Q

THE INSURED MAY NOT TRANSFER RIGHTS AND DUTIES UNDER THE CONTRACT WITHOUT THE INSURERS WRITTEN PERMISSION

A

PERSONAL CONTRACT

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7
Q

WARRANTIES

A

WRITTEN PROMISE IN THE POLICY THAT THE INSURED WILL OR WILL NOT DO SOMETHING; IF BREACHED, COVERAGE WILL BE SUSPENDED AND THE CLAIM DENIED AS IT RELATES TO WARRANTY(KEEP FIRE PROTECTION ON)

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8
Q

REPRESENTATION

A

STATEMENTS MADE BY THE PROSPECTIVE INSURED ON AN APPLICATION FOR INS THAT ARE BELIEVED TO BE ENTIRELY TRUE

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9
Q

MISTEPRESENTATION

A

INCORRECT INFORMATION GIVEN BY PROSPECT/INSURED THAT DOES NOT EFFECT COVERAGE; INSURER WOULD HAVE MADE THE SAME COVERAGE DECISIONS WHETHER OR NOT THE TRUTH WAS KNOWN

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10
Q

MATERIAL MISREP

A

INCORRECT INFO GIVEN BY THE PROSPECT THAT VOID THE INS CONTRACT BECAUSE THE INSURER WOULD HAVE MADE A DIFFERENT DECISION OF TRUTH HAD BEEN KNOWN

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11
Q

CONCEALMENT

A

DELIBERATELY WITHHOLDING MATERIAL INFORMATION FROM THE INSURER; THIS WILL VOID COVERAGE

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12
Q

WAIVER

A

THE VOLUNTARY RELINQUISHMENT OF A KNOWN RIGHT

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13
Q

ESTOPPEL

A

THE INVOLUNTARY RELINQUISHMENT OF A KNOWN RIGHT

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14
Q

A CONTRACT BASED UPON THE PRINCIPLE OF INDEMNITY THAT TRANSFERS RISK FROM PERSON OR ORG TO INS COMPANY

A

INSURANCE

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15
Q

A TEMPORARY INSURANCE CONTRACT

A

BINDER

16
Q

CHANCE OF A LOSS OR UNCERTAINTY OF LOSS:

A

RISK

17
Q

INSURANCE COMPANIES DO NOT INSURE THIS TYPE OF RISK

A

SPECULATIVE

18
Q

PERILS

A

CAUSE OF LOSS

19
Q

THE MATHEMATICAL CONCEPT USED BY INS COMPANIES TO PREDICT FUTURE LOSSES

A

THE LAW OF LARGE NUMBERS

20
Q

WHAT ARE THE FOUR TYPES OF LOSSES:

A
  • DIRECT LOSS-IMMEDIATE ACTUAL PHYSICAL DMG
  • INDIRECT LOSS-INABILITY TO USE PROPERTY AS A RESULT OF DIRECT LOSS

CONSEQUENTIAL LOSS- USUALLY RESULTING FROM SPOILAGE OR TEMP CHANGE

LIAB LOSS-A DAMAGE/INJURY CLAIM THAT ARISE OUT OF ACTIONS THAT CAUSE LOSS TO A THIRD PARTY

21
Q

HAZARDS

A

CONDITIONS THAT CREATE OR INCREASE THE CHANCE OF LOSS

22
Q

PHYSICAL HAZARD

A

VISIBLE

23
Q

MORAL

A

DISHONESTY OF AN INSURED

24
Q

MORALE

A

ATTITUDE OF CARELESSNESS OR INDIFFERENCE TO LOSS

25
Q

FOUR PARTS OF THE INSURANCE CONTRACT (DICE)

A

DECLARATIONS
INSURING AGREEMENT
CONDITIONS
EXCLUSIONS

26
Q

DECLARATION PAGE INCLUDES

A
PROPERTY DISCRIPTION
PARTIES TO THE CONTRACT
POLICY PERIOD
POLICY LIMITS
DEDUCTIBLES
PREMIUMS
27
Q

INSURING AGREEMENT INCLUDES

A

INSURERS PROMISE INCLUDING THE COVERED PERILS

28
Q

CONDITIONS

A

TERRITORIAL RESTRICTIONS
PROCEDURES
DUTIES
AND RIGHTS OR THE INSURED/INSURER

29
Q

EXCLUSIONS

A

LIST THE PROPERTY AND PERILS THAT ARE NOT COVERED

30
Q

ENDORSEMENTS

A

CHANGES THAT ADD, DELETE OR MODIFY A POLICY

31
Q

COMMON CONDITIONS OF INS POLICIES

A

POLICY TERRITORY

32
Q

SUBROGATION RIGHTS

A

RIGHTS OF INSURER TO RECOVER FROM AN AT FAULT THIRD PARTY

33
Q

ASSIGNMENT CLAUSE

A

EXPLAINS THE POLICY MAY ONLY BE ASSIGNED TO ANOTHER WITH THE INSURERS WRITTEN CONSENT

34
Q

THE RIGHT OF SALVAGE

A

STATES; THE INSURER MAY TAKE POSSESSION OF A TOTAL PROPERTY AFTHER A FINANCIAL AGREEMENT IS SETTLED

35
Q

OTHER INSURANCE CLAUSE

A

PRO RATA-THE BIGGER POLICY PAYS PROPORTIONALLTY MORE THAN THE SMALLER POLICY
PRIMARY-THE PRIMARY POLICY WILL PAY FIRST
EXCESS-THE EXCESS POLICY WILL PAY AFTER THE PRIMARY POL IS EXHAUSTED

36
Q

FOUND ON ALL LIABILITY POLICIES AND ARE PAID IN ADDITION TO THE POLICY LIMITS

A
SUPPLEMENTARY PAYMENTS (BAILED):
BOND
FIRST AID
INTEREST ON JUDGEMENTS
LOSS OF EARNINGS
EXPENSES INCURRED AT REQUEST OF INSURER
DEFENSE AND INVESTIGATION