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Showing posts with the label General Insurance

If warranties are later discovered untrue or breached, what can happen?

If warranties are later discovered untrue or breached, what can happen? Answer: coverage and the contract may be voided.

If a material misrepresentation leads to the issuance of a policy, what can happen?

If a material misrepresentation leads to the issuance of a policy, what can happen? Answer: coverage does not apply and may void the policy

What representations do not affect the acceptance or rating of the risk?

What representations do not affect the acceptance or rating of the risk? Answer: immaterial representations

Statements that impact the acceptance of an insurable risk are

Statements that impact the acceptance of an insurable risk are Answer: material representations

In a conditional contract, the insured can only collect if what?

In a conditional contract, the insured can only collect if what? Answer: there has been a covered loss where the insurer's list of conditions in the contract must be met

True or False: The insured in a unilateral contract has the right to cancel the policy at any time and cannot be legally forced to pay the premiums.

True or False: The insured in a unilateral contract has the right to cancel the policy at any time and cannot be legally forced to pay the premiums. Answer: True

When all the conditions are met by the insured in a unilateral contract, the insurer makes an enforceable promise of future performance and can be charged with what if those obligations are not me?

When all the conditions are met by the insured in a unilateral contract, the insurer makes an enforceable promise of future performance and can be charged with what if those obligations are not me? Answer: breach of contract

In what type of contract is it very likely that there will be an unequal exchange of consideration by either party, depending on if a loss actually occurs and to what extent?

In what type of contract is it very likely that there will be an unequal exchange of consideration by either party, depending on if a loss actually occurs and to what extent? Answer: aleatory contract

What type of contract is presented to the applicant on a "take-it-or-leave-it" basis?

What type of contract is presented to the applicant on a "take-it-or-leave-it" basis? Answer: contract of adhesion

True or False: A contract of adhesion is negotiable.

True or False: A contract of adhesion is negotiable. Answer: False: a contract of adhesion is not negotiable

How many parties write a contract of adhesion?

How many parties write a contract of adhesion? Answer: one party, the insurance company, without any input from the applicant

Insurance is considered to be what type of contract?

Insurance is considered to be what type of contract? Answer: a contract of adhesion

If the premium does not accompany the application, the insurer may still issue a policy. In this case, what is considered the offer and acceptance?

If the premium does not accompany the application, the insurer may still issue a policy. In this case, what is considered the offer and acceptance? Answer: the policy is considered the offer and the premium, when paid, becomes the acceptance.

The "offer" aka premium and the "acceptance" aka issued policy together form a what?

The "offer" aka premium and the "acceptance" aka issued policy together form a what? Answer: an agreement

What is the "acceptance" in insurance?

What is the "acceptance" in insurance? Answer: the approved application allowing the policy to be issued

What is the "offer" in insurance?

What is the "offer" in insurance? Answer: when an applicant submits an application to the insurance company for insurance along with the initial premium

A legal agreement requires what two parts?

A legal agreement requires what two parts? Answer: an offer and an acceptance

What disqualifies someone as a competent party?

What disqualifies someone as a competent party? Answer: a minor (age 16 or under), mentally incompetent, & under the influence of drugs or alcohol

To enter a contact you need?

To enter a contact you need? Answer: legal capacity aka competent parties

A legal contract requires what four essential elements?

A legal contract requires what four essential elements? Answer: competent parties, legal purpose, agreement, & consideration