Insurance Concepts Flashcards
(67 cards)
Consideration
For an agreement to be binding, each party must provide the other with some item of value or “consideration.”
An insurance applicant provides the premium and information on the completed application.
The insurer promises to pay legitimate claims.
In an insurance contract, the element that shows each party is giving something of value
Aleatory
one party may recover more in value than she has paid
The value of the policy owner’s potential benefit (i.e., claim payment) is generally higher than the value (i.e., premium) that’s received by the insurer.
There’s no guarantee that the insured will receive a benefit. Performance is based on an uncertain future event involving unequal bargaining value.
Adhesion
prepared by only one of the parties—the insurance company and offered on a “take it or leave it” basis.
doctrine of reasonable expectations
interprets contract terms that may be interpreted more than one way by ascertaining what a “reasonable” consumer would interpret them to mean.
unilateral contracts
one party (the insurer) makes an enforceable promise, which is contingent on the policy owner paying the premium.
EXCEPT Life insurance
Life Insurance
Life insurance is NOT a personal contract since it can be borrowed against or sold like a transferable asset.
Valued contracts
pay a stated sum regardless of the actual loss that’s incurred.
Indemnity contracts
pay an amount that’s equal to a loss identified in the policy.
void contract
is one that has never really gone into effect because it lacks one of the four essential elements of a contract.
parole evidence rule
limits a contract to its written terms.
Estoppel
requires an insurer to abide by misleading or incorrect statements that are made by one of its agents, even if it can demonstrate that the governing policy form contradicts the agent.
Estoppel applies when ALL of the following elements are present:
An agent is acting within their authority.
The agent makes an inaccurate representation on behalf of the insurance company.
A consumer relies on the information being correct.
When a circumstance arises that tests the validity of the questionable representation, the insurance company refuses to honor the agent’s words.
The insurer’s decision causes financial harm to the consumer.
Subrogation
is an insurer’s right to pursue liable third parties for amounts that are paid out in claims made by the insured.
Torts
are private wrongs which mostly involve negligence and are adjudicated in civil court. Civil courts also decide cases involving contract law.
What kind of life insurance policy issued by a mutual insurer provides a return of divisible surplus?
participating life insurance policy
Fraternal Benefit Society has each of the following characteristics EXCEPT
Exist For profit
Under the McCarran-Ferguson Act, what is the minimum penalty for obtaining info on someone without a legit reason
$10,000
Under the Fair Credit Reporting Act, the maximum penalty for a producer who obtains Consumer Information Reports under false pretenses
$5,000 and 1 year imprisonment.
The authority granted to a licensed producer is provided via the
Law of Agency
According to the Law of Agency, the producer/agent represents the principal/insurer and is granted actual, implied and apparent authority to act on behalf of the insurer. The Law of Agency makes the principal responsible for these acts of the agent.
A nonparticipating company is sometimes called a(n)
stock insurer
Under a contract of adhesion
the terms must be accepted or rejected in full
A plan in which an employer pays insurance benefits from a fund derived from the employer’s current revenues is called
An insurer’s claim settlement practices are regulated by the
State insurance departments
Why are dividends from a mutual insurer not subject to taxation?
Because dividends are considered to be a return of premium
What best describes a conditional insurance contract?
A contract that requires certain conditions or acts by the insured individual
This means that the insurer’s promise to pay benefits depends on the occurrence of an event covered by the contract.