Level 1 chapter 2 Flashcards

(36 cards)

1
Q

What is Insurance?

A

a form of risk transfer in which one party agrees to absorb a risk in exchange for compensation and attempts to pool several risks together.

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2
Q

What is a Premium?

A

is the amount of money you pay to an insurance company for coverage, usually monthly or yearly. It’s like a regular payment to keep your insurance active.

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3
Q

Life Insurance

A

helps manage the financial consequences of premature death. This category includes term life insurance, whole life insurance, universal life insurance, and variable life insurance.

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4
Q

Accident and Health Insurance

A

assists with medical bill payments or replaces a portion of income after illness, injury, or disability.

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5
Q

Property Insurance

A

compensates businesses and individuals when they suffer losses related to their physical assets, such as buildings, homes, or belongings. Homeowners insurance, renters’ insurance, and flood insurance are basic examples in this category.

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6
Q

Casualty Insurance

A

provides financial protection when an insured person or entity becomes potentially liable for someone else’s losses. Auto liability insurance, malpractice insurance, and workers’ compensation insurance are examples in this category.

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7
Q

Personal lines insurance

A

covers individuals or families in non-business activities. This includes homeowners’ insurance, renters’ insurance, and personal auto insurance.

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8
Q

Commercial lines insurance

A

protects either a business or an individual within their professional context. Workers’ compensation insurance, medical malpractice insurance, product liability insurance, and property insurance for office buildings all fall under commercial lines insurance.

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9
Q

Insurer or Carrier

A

The company issuing the policy

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10
Q

Adding Coverage for Others

A

when the policyholder wants to add a specific person to a policy who isn’t already included within the contract’s definition of the insured. When this happens, the insurer can add an amendment to the contract and include the extra person as an additional insured.

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11
Q

What are the four Essential Elements of Contracts

A

Legal purpose

Competent parties

Offer and acceptance

Consideration

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12
Q

Legal Purpose

A

Contracts must have a lawful purpose to be valid. Any contract created for illegal activities is automatically void. If someone breaks an illegal agreement, the other party has no legal recourse to enforce it through the courts.

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13
Q

Competent Parties

A

all parties involved must have the legal capacity to enter into an agreement. Competent parties must meet two key requirements. Be of legal age (typically 18 years in most states) and be of sound mind

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14
Q

Offer and Acceptance

A

Contract formation begins with one party extending an offer and giving the other party time to accept it. This opportunity to accept remains valid until the offering party formally revokes or withdraws the offer.

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15
Q

Consideration

A

involves things of value that are exchanged between parties. This can be money or simply a promise to perform a specific action.

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16
Q

unilateral contract

A

An insurance policy is a unilateral contract, meaning only the insurance company makes a legally enforceable promise — to pay for covered losses. If they don’t, you can take them to court, but you aren’t forced to keep paying if you don’t want to.

17
Q

Bilateral Contracts

A

In contrast, a bilateral contract involves both parties making promises that can be legally enforced. The key distinction is that in bilateral contracts, either side can use the courts to enforce the agreement if the other party fails to keep their promise.

Insurance policies are generally not bilateral contracts.

18
Q

Aleatory Contracts

A

An aleatory contract is one where the value exchanged isn’t always equal — like in insurance. If no loss happens, the insurance company keeps your money. But if a big loss happens, they might pay you way more than you paid them. It all depends on chance.

19
Q

Personal Contract

A

The contract is considered personal because it’s explicitly tied to the insured’s relationship with risk. It requires an insurable interest from that specific person and no one else.

20
Q

Conditional Contract

A

The contract is considered conditional because it outlines specific procedures that must be followed for the policyholder to receive compensation from the insurer.

If these conditions aren’t properly met — or if no covered loss ever occurs — the consumer will not receive compensation from the insurance company.

21
Q

Contracts of Adhesion

A

contract of adhesion is a written agreement where one party creates all the language, and the other party can only accept or reject it as written.

22
Q

manuscript policy

A

In rare situations involving high-profile businesses, consumers might actively participate in drafting insurance contracts.

23
Q

Reasonable Expectation Doctrine

A

Under this doctrine, insurers should pay claims unless:

The policy clearly discloses the lack of coverage, or

An insurance company’s agent clearly disclosed the lack of coverage

24
Q

warranty

A

strict promises that must stay true. If broken, the insurance can be canceled even if it was a mistake.

25
Representations
statements you believe are true. Insurance can only be canceled if the info was intentionally false or important (a material fact).
26
Material fact
A material fact is information that could change whether the insurer offers a policy or how much they charge.
27
misrepresentation
When someone actively provides false information to an insurance company
28
concealment
when a consumer simply fails to disclose relevant information to the insurance company.
29
What is Rescission?
means canceling an insurance policy as if it never happened. The insurance company gives back the premium, and the policyholder gives back any claim money. This usually happens if there was fraud or if the policy is canceled soon after it starts.
30
What is Cancellation?
Cancellation means the insurance policy is ended before its normal expiration date, but it still counts as having existed. The company keeps payment for the time you were covered but won’t pay for anything that happens after the cancellation. It usually happens if you don’t pay or break the rules — but not because of fraud.
31
What is Non-renewal?
With a non-renewal, coverage remains active for the entire agreed-upon contract period but cannot be extended beyond that time, even if the policyholder offers to pay a higher premium. Non-renewals most frequently occur when a policyholder hasn't violated any terms but has filed a significant number of claims, making them too high of a risk.
32
principle of indemnity
This principle requires the insurance company to compensate policyholders, so they end up neither worse off nor better off after experiencing an insured loss. Instead, within the contract's limits, the insurer aims to make a policyholder "whole" again.
33
actual cash value
An item's actual cash value equals the replacement cost minus depreciation.
34
replacement-cost coverage
Replacement-cost coverage pays for items as if they’re new, without subtracting depreciation. To manage the risk, insurers charge more and may delay full payment until repairs or replacements are made.
35
insurable interest
Insurable interest means you care about the person or property staying safe. It’s required to stop people from insuring things they don’t own or care about. In property insurance, you must have insurable interest at the time of the loss, not just when you buy the policy.
36
Waiver and Estoppel
A waiver is when an insurer gives up a right (like accepting late payments). Estoppel stops the insurer from going back on that if the customer relied on it. Example: If the company always accepts late payments, they can’t suddenly cancel your policy for being late.