Contract Law/Terms Flashcards
(25 cards)
A written request to an insurance company for insurance
Application
Add-on provisions attached to a policy that increases insured’s premium
Riders
Rate * Unit of Insurance = ?
earned vs. unearned
Premium
Money that the company (insurer) earned
Earned Premium
More used when a person pays ahead of time (i.e: 12 months)
Unearned Premium
A written instrument, in which a contract of insurance is set forth (only once you qualify for the insurance)
Insurance Policy
Private or civil wrong where legal action may be taken. (Means to Sue!)
- Intentional
- Unintentional
Tort
Breach of contract
Intentional Tort
Negligence
Unintentional Tort
Untrue statements; a lie
i.e): lying on an application (a white lie… lying about your height, weight
Misrepresentation
Something if discovered alters underwriting process
(ie): you lie about a medical condition; the company can then rescind/terminate your contract
***Material Misrepresentation
Intentionally withholding “material” information/facts
(ie): You have a medical condition and when asked about it by the company (insurer), you brush it off and don’t want to give them much info about it
***Concealment
Intentional misrepresentation for financial gain
Fraud
All parties to contract to ALL information necessary to make an informed decision
- Both sides (potential insured & insurer) look each other up.
Materiality
The revocation of a contract; (Due to Material Misrepresentation, Concealment)
-(When the company wants to cancel/terminate/revoke your policy)
Recession/Rescind
Act of revoking/termination one’s insurance policy (Done by the insured)
Cancellation
Termination due to “Non-payment” (because the payments were not made)
***Lapse
A provision which will allow the insured to remain covered past the premium due date.
***Grace Period
Statements believed to be true; implied warranties
- They are “believed” to be truths
Representation
Absolute/Guaranteed; (something that is true)
-(ie) my name. (It can be proven true with documentation like Birth Certificate, DL, SSN, etc.)
Warranty
- Agreement
- Consideration***
- Competent Parties***
- Legal Purpose
(Must include all four to be qualified as a contract)
Elements of all Contracts
Offer: Submit application; Initial Premium (Done by the proposed insured/applicant)
Acceptance: A policy is issued
Agreement
Companies promise to pay
***Consideration
NO Minors, Intoxicated, Mentally, Incompetent (MIMO)
***Competent Parties