Chapter 1 Flashcards

(43 cards)

1
Q

Who are the “insured”?

A

The person or group that buys insurance to protect against uncertain risks.

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2
Q

Who are the “Insurers”?

A

The businesses that sell insurance policies and pay for losses.

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3
Q

Who are the insurance agencies?

A

These are the businesses that provide services and distribute insurance policies to consumers. they often work with multiple insurance companies to offer different choices.

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4
Q

Who are the Producers/ Agents?

A

Licensed individuals representing an insurance company when transacting insurance business.

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5
Q

How is the insurance industry regualed

A

they are managed by the state government, and three main branches.

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6
Q

The Legislative branch

A

(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)

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7
Q

The Judicial Branch

A

(interprets the rules)
this branch helps interpret the laws and makes sure they follow the states constitution.
(Referee)

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8
Q

The Executive Branch

A

(enforces the rules)
this branch enforces the law. they make sure insurance companies follow the rules.
(Captain)

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9
Q

Elements of a legal contract: How many elements are there?

A

For a contract to be vailed, there must be four elements present.

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10
Q

Element 1) Compentent

A

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.

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11
Q

Element 2) Legal Purpose

A

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.

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11
Q

Element 3) Agreement

A

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.

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11
Q

Element 4) Consideration

A

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.

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12
Q

Contact of Adhesion

A

The insurance company writes the contract, and the insured either accepts or rejects it. There is no negotiation.

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13
Q

Aleatory Contract

A

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.

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14
Q

Unilateral Contract

A

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.

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15
Q

Conditional Contract

A

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.

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16
Q

What is the National Association of Insurance Commissioners (NAIC)?

A

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.

17
Q

What does NAIC do?

A

They provide helpful tools, research, and suggestions to state insurance regulators. *They only create recommendations, not rules.

18
Q

What is a Stock Insurer?

A

A type of insurance company owned by stockholders.

19
Q

What do Stockholders get?

A

Stockholders can share in the company’s profits if the company does well and might get dividends. The dividends are taxable.

20
Q

What is a Policyholder?

A

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.

21
Q

What is a mutual Insurer?

A

A type of insurance owned by the policyholder

22
Q

What do policyholders get?

A

They might receive dividends (taxable), but not guaranteed.

23
What is a Fraternal Insurer?
is a social or community organization that offers life insurance to its members.
24
Who can join a Fraternal Insurer?
Membership is usually limited to people who belong to a particular religion, society, or order.
25
What is an Admitted (Authorized) Insurer?
Approved by the state's Department of Insurance to sell policies in that state. They must meet state requirements and receive a Certificate of Authority.
26
What is a Non-Admitted (Unauthorized) Insurer?
Not approved to sell policies in a state because it didn't meet requirements or did not apply for approval.
27
What does the Fair Credit Reporting Act (FCRA) do?
Is a law that protects your credit and financial information by making sure it is: -private: only share with. permission - accurate: information must be correct -relevant: only used for vail reasons - properly used: can only be used in certain situations
28
FCRA: Before requesting a credit report
The insurer must notify you (pre-notification) and ask for your written permission.
29
FCRA: if something negative happens (adverse action)
If you are denied insurance or charged a higher premium because of the report, the insurer must: The insurer must notify you (post-notification) why give you information on how to get a copy of the report from the credit agency.
30
What is the Principle of Indemnity?
It is the insurer's job to restore you to the same financial or physical condition you were in before the loss-- not to let you profit.
31
What is Insurable Interest?
You can only buy insurance if you suffer financially or emotionally from the loss of the person or insured item.
32
Why was the Patriot Act Created?
it was introduced to detect and prevent illegal activities like: - drug trafficking - terrorism - money laundering
33
Currency Transaction Repot (CTR)
Financial institutions are required to notify FINCEN ( Finacial Crimes Enforcement Network) for: 1: cash transactions over 10,000 2: wire transfers over 3,000
34
What is Representations?
Statements you make on the application that you believe to be true at the time
35
What are Material Representations?
Important statements that affect the insurer's decision to accept or reject your application.
36
What are Immaterial Representations?
Small details that do not impact the insurers decision.
37
What are Misrepresentations?
False statements made on an application
38
What is Material Misrepresentation?
If the False statements are important enough to affect the insurer's decision, the policy will be voided. ex: if you claim that you are a non-smoker but later discover you do, the insurer might cancel your policy or deny claims.
39
What are Immaterial Misrepresentations?
A false statement that does not affect the policy's term or issuance.
40
What is a Warranty?
A statement or promise is guaranteed to be true. If it is later found to be false, the insurer can cancel the contract. Warranties are stricter than representations.
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