Chapter 1 Flashcards
(43 cards)
Who are the “insured”?
The person or group that buys insurance to protect against uncertain risks.
Who are the “Insurers”?
The businesses that sell insurance policies and pay for losses.
Who are the insurance agencies?
These are the businesses that provide services and distribute insurance policies to consumers. they often work with multiple insurance companies to offer different choices.
Who are the Producers/ Agents?
Licensed individuals representing an insurance company when transacting insurance business.
How is the insurance industry regualed
they are managed by the state government, and three main branches.
The Legislative branch
(writes the rules)
This branch creates the laws (statutes) about how insurance works in the state, which are designed to protect the people who buy insurance.
(Coach)
The Judicial Branch
(interprets the rules)
this branch helps interpret the laws and makes sure they follow the states constitution.
(Referee)
The Executive Branch
(enforces the rules)
this branch enforces the law. they make sure insurance companies follow the rules.
(Captain)
Elements of a legal contract: How many elements are there?
For a contract to be vailed, there must be four elements present.
Element 1) Compentent
To form a contract, both parties must legally be able to agree.
Who is NOT competent?
Minors: Generally, people under 16 for insurance purposes.
Mentally incompetent: Someone who cannot understand the contract.
Under the influence: Drugs or alcohol impair judgment.
Element 2) Legal Purpose
The contract must be for a lawful reason and not for something illegal or unethical.
There must be an insurable interest (a financial or personal connection between the policyholder and the insured).
You cannot take out life insurance off from a stranger just to benefit from their death.
Element 3) Agreement
Both parties must agree on terms. This includes:
- Offer: Usually made when the applicant submits an application and pays the premium.
- Acceptance: Happens when the insurance company approves the application and issues a policy.
Element 4) Consideration
The value exchanged by both parties:
Insured’s consideration:
Paying the premium and agreeing to the terms of the contract.
Insurer’s consideration:
Promising to cover losses as outlined in the policy.
Contact of Adhesion
The insurance company writes the contract, and the insured either accepts or rejects it. There is no negotiation.
Aleatory Contract
The contract is based on an event that might or might not happen.
If the event doesn’t happen (e.g., no car accident), the insurer keeps the premiums, and you don’t get a payout.
If the event does happen, the insurer pays more than the premiums you’ve paid.
Unilateral Contract
Only the insurer is bound to the contract.
- the insured can stop paying for premiums or cancel the policy at any time, but the insurer cannot; they must honor their promises as long as the insured pays their premiums.
Conditional Contract
What it means: Certain conditions must be met for the contract to work.
The insured must pay premiums and follow the terms of the policy.
The insurer must pay claims if a covered loss happens and all conditions are met.
Why it matters: No conditions met = no payout.
What is the National Association of Insurance Commissioners (NAIC)?
A group of advisors made up of insurance leaders from all 50 states where all the leaders share ideas and work together to improve insurance regulations.
What does NAIC do?
They provide helpful tools, research, and suggestions to state insurance regulators. *They only create recommendations, not rules.
What is a Stock Insurer?
A type of insurance company owned by stockholders.
What do Stockholders get?
Stockholders can share in the company’s profits if the company does well and might get dividends. The dividends are taxable.
What is a Policyholder?
People who buy insurance from a Stock Insurer. They do not get dividends because they are not an owner.
Also known as non-participating policies.
What is a mutual Insurer?
A type of insurance owned by the policyholder
What do policyholders get?
They might receive dividends (taxable), but not guaranteed.