Chapter 2 Flashcards

1
Q

Each of the following must be present in order for insurance contract to be legal and enforceable Except:

A

Competent Underwriting

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2
Q

Delivery of an insurance contract is an illustration of

A

Acceptance

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3
Q

An insurance contract is created by an insurer. Any ambiguities that appear in the future will be decided by a court in favor of the insured since the policy is

A

Contract Adhesion

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4
Q

The statement made by applicant are considered to be

A

Representations

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5
Q

A statement made by an applicant for insurance that is guaranteed to be absolutely true and is made part of the contract is called

A

Warranty

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6
Q

Which of the following is considered to be voluntary relinquishment of a known right

A

Waiver

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7
Q

Deliberate or intentional deceit by making false statements is known as

A

Fraud

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8
Q

Each of the following is characteristic of an insurance contract Except:

A

Bilateral

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9
Q

A statement made by an applicant for insurance that is made part of the contract and upon which coverage is conditioned is known as

A

An individual under duress

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10
Q

Nether party can be under duress or any undue influence

A

genuine assent

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11
Q

Several elements must present in order for a insurance contract to be enforceable. One required element is that all parties be competent. Each of the following is competent to enter a contract except

A

An individual under duress

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12
Q

Which of the following best describes when a insurer fails to enforce a provision in a insurance policy ?

A

Waiver

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13
Q

An applicant for insurance submits, through a producer , a completed application and the initial premium. Once it is received by the insurance company underwriter, the risk is assessed and the insurer makes a counter offer. Which of the following has occurred?

A

The original offer has been rejected by the insurer.

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14
Q

Which of the following is the binding force in a insurance contract.

A

Consideration

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15
Q

Which of the following best describes a contract that is characterized by a premium paid for coverage with no guarantee of a benefit being paid in the future?

A

Aleatory

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16
Q

When one party makes a proposal for insurance what has occurred?

A

Offer

17
Q

Is legal principal involving a broken promise. It prohibits an insurer from denying a claim due to specific actions by the insurer or its representatives or due to inaction by the insurer..

A

Estoppel

18
Q

If the insure mistakenly accepts an incomplete application and issues a policy can they deny a claim?

A

No- the insured is protected by waiver

19
Q

failure to disclose material facts

A

Concealment

20
Q

One party may recover more in value then he or she has parted with based upon a possible future event

A

Aleatory

21
Q

Both parties must deal with one another in accordance with standards of honesty and sincerity. These parties rely on statements of another.

A

utmost good faith

22
Q

Must satisfy certain aspects before the contract can be executed

A

Conditional

23
Q

If a applicant incorrectly states his residence address on application

A

False Statement ( Misrepresentations)

24
Q

The policy owner/ Insured is made financially whole after a loss is paid

A

indemnity

25
Q

Contract type Is drafted by the insurer and accepted by the applicant. ( One sided contract Unilateral)

A

Adhesion

26
Q

Arising in a contract of adhesion involve legal interpretations affecting contracts.

A

Ambiguities or Confusing language

27
Q

Information had it been known by the insurer at the time of the application would have cause the insurer to reject the application

A

Material Misrepresentation

28
Q

A promise in exchange for an act already performed or an act an exchange for a promise

A

Unilateral (one sided)

29
Q

People not allowed to enter into a contract

A

Minors, Insane or mentally incompetent, individual under the influence, person forced, enemy aliens and convicts