Contract Law Flashcards

(45 cards)

1
Q

What is a contract in the context of insurance?

A

A legally binding agreement between an insurer and the insured.

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2
Q

True or False: An insurance contract is typically unilateral.

A

True

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3
Q

Fill in the blank: The principle of ________ requires that both parties in an insurance contract have an understanding of the terms.

A

utmost good faith

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4
Q

What does ‘insurable interest’ mean?

A

The requirement that the insured must have a stake in the subject matter of the insurance.

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5
Q

Which party is known as the ‘insurer’?

A

The company providing the insurance coverage.

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6
Q

What is ‘consideration’ in an insurance contract?

A

The premium paid by the insured in exchange for coverage.

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7
Q

True or False: An insurance policy can be voided if the insured provides false information.

A

True

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8
Q

What is the ‘risk’ in insurance terms?

A

The possibility of a loss occurring.

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9
Q

What does ‘exclusion’ refer to in an insurance policy?

A

Specific conditions or circumstances that are not covered by the policy.

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10
Q

Name one type of insurance contract.

A

Life insurance, health insurance, auto insurance, etc.

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11
Q

What is ‘subrogation’?

A

The right of an insurer to pursue a third party responsible for a loss after compensating the insured.

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12
Q

Fill in the blank: The ________ clause ensures that the insured can claim only the amount of loss suffered, not more.

A

indemnity

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13
Q

True or False: Insurance contracts are always written documents.

A

False

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14
Q

What is a ‘declarations page’ in an insurance policy?

A

A section that outlines the key details of the policy, including coverage amounts and premium.

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15
Q

What does ‘premium’ mean in insurance?

A

The amount paid for the insurance coverage.

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16
Q

True or False: A breach of contract can lead to the termination of an insurance policy.

A

True

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17
Q

What is ‘policy limits’?

A

The maximum amount an insurer will pay for a covered loss.

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18
Q

What does the term ‘underwriting’ refer to?

A

The process of evaluating risk and determining the appropriate premium for an insurance policy.

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19
Q

Fill in the blank: An insurance policy typically requires the insured to pay a ________ before the insurer covers a loss.

20
Q

What is the ‘insuring agreement’ in an insurance policy?

A

The section that outlines the coverage provided by the policy.

21
Q

What does ‘claims process’ refer to?

A

The procedure for an insured to report a loss and request payment from the insurer.

22
Q

True or False: An insurance contract must be fair to both parties.

23
Q

What is ‘aggregate limit’?

A

The total limit of coverage available under a policy during a specified time period.

24
Q

What does ‘waiver’ mean in insurance contracts?

A

The voluntary relinquishment of a known right or privilege.

25
What is 'moral hazard'?
The increased risk of loss due to the behavior of the insured after obtaining insurance.
26
Fill in the blank: The ________ doctrine prevents recovery for losses that arise from intentional acts.
intentional torts
27
What is 'replacement cost' in insurance?
The cost to replace damaged property with new property of similar kind and quality.
28
What is the difference between 'actual cash value' and 'replacement cost'?
Actual cash value is the replacement cost minus depreciation.
29
What is 'excess insurance'?
Coverage that kicks in after the limits of a primary insurance policy have been exhausted.
30
True or False: Insurance contracts are governed by state law.
True
31
What is 'claims-made' insurance?
A type of insurance that covers claims only if the policy is in force when the claim is made.
32
What does 'loss ratio' indicate?
The ratio of claims paid to premiums earned, used to assess an insurer's profitability.
33
What is 'reinsurance'?
Insurance purchased by an insurance company to mitigate risk.
34
Fill in the blank: In insurance, ________ is the act of transferring risk from one party to another.
risk transfer
35
What is 'moral hazard'?
The tendency for insured individuals to take greater risks because they are covered by insurance.
36
What does 'peril' refer to in an insurance context?
A specific risk or cause of loss covered by an insurance policy.
37
What does 'total loss' mean?
A situation where the insured property is completely destroyed or damaged beyond economic repair.
38
What is 'underinsurance'?
When an insured party does not have sufficient coverage to fully protect against a loss.
39
What is the 'federation doctrine'?
The principle that allows courts to interpret ambiguous insurance policy language in favor of the insured.
40
True or False: An insurance policy can be assigned to another party without the insurer's consent.
False
41
What is 'loss adjustment'?
The process of evaluating and settling claims after a loss occurs.
42
What does 'liability insurance' cover?
Coverage for claims against the insured for negligence or wrongful acts.
43
What is 'actuarial science'?
The discipline that applies mathematical and statistical methods to assess risk in insurance.
44
What is the purpose of 'policy endorsements'?
To modify the coverage or terms of an existing insurance policy.
45
What does 'excess and surplus lines' mean?
Coverage provided by insurers that are not licensed in the state but can offer insurance for unique risks.