Describe the function of insurance and how insurance contracts work
Insurance is a method of transferring risks to another party. It helps protect individuals and organizations from risks by financially compensating them for actual losses that occur from those risks. Insurance policy is an enforceable contract that is bought by an individual or organization to transfer risk to an insurer. Return the insured back to their financial position prior to the loss and must, therefore, be bought before the loss occurs.
Identify the various types of risk and understand how people deal with risk
Risk refers to the chance of financial loss to which an item/property of insurance is exposed. Only pure risk can be covered by insurance policies because there is a possibility of a financial loss to the insured but no possibility of financial gain
Direct Loss
When the object of insurance is actually damaged by an insured peril
Indirect Loss
Losses which arise as a consequence of a direct loss
Insured
The person whose risk of financial loss form an insured peril is proected from the policy
Peril
The cause of a loss
Risk
Chance of financial loss to which an object of insurance is exposed
Speculative Risk
The chance of financial loss or gain
Legal Contracts
Agreement between two or more parties which creates an obligation for each party to do or not a particular action.
Legal Contract Elements
Agreement, Consideration, Legality of Object, Legal capacity to contract, genuine intention, insurable interest, utmost good faith and indemnity.
Content of an Insurance contract
Six components: declarations, indemnity agreement, definitions, exclusions, conditions, and endorsements. Coinsurance clause and deductible clauses often appear as well.
Policy Features Required by the provincial Insurance Acts
The right of subrogation, waiver of term or condition, and effect of delivery of policy.
Describe the elements that must be present for an insurance contract to be legally enforceable
Genuine intention, Insurable interest, Utmost good faith
Discuss what would make a contract void or voidable
A void contract is a contract which is unable, in law, to support the purpose for which it was intended. Such contracts are deemed to have never existed.
A voidable contract may be voided at the option of the wronged party only and not the wrongdoer.
Describe the components of an Insurance Policy
Coinsurance
A clause applicable to partial losses. It requires the insured to purchase an amount of insurance for a property that is equal to a predetermined percentage of the property’s value
Consideration
Exchange of something of value between parties
Contract
An agreement between two or more parties which creates an obligation for each party to do or not do a particular action
Indemnity
The principle that guarantees insureds receive the actual amount of their loss, no more and no less
Deductible
A specified amount the insured must pay for a covered loss before an insurer pays a claim
Insurable Interest
An interest by the insured in the subject matter of insurance, when they can show they would suffer financially from a loss
Insurance Binder
A legally binding document specifically outlining the details of coverage until the formal policy is issued.
Insurance Agreement
An agreement that outlines the promises made to the insurer and the insured.
Subrogation
The legal right of an insurer to recover the amount of the insured loss from the responsible party, by stepping into the “shoes of the insured”