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16 Cards in this Set

  • Front
  • Back
HOW MANY PARTS ARE THERE TO A LEGAL CONTRACT &
WHAT ARE THE PARTS?
There are four parts: Agreement, Consideration, Competent Parties & Legal Purpose
WHAT ARE THE SIX DISTINCT CHARACTERISTICS OF AN "INSURANCE" CONTRACT
1. Unilateral, 2. Adhesion, 3. Aleatory, 4. Conditional, 5. Personal, 6. Utmost Good Faith
REPRESENTATIONS
Statements made by an applicant to the best of their knowledge for insurance, that are recorded on the application.
MISREPRESENTATIONS
Incorrect statements made by an applicant. Ex: (An applicant incorrectly states their residence address on an application.) Misrepresentations generally do not affect coverage unless they are FRAUDELENT in nature.
WARRANTY
A statement that is guaranteed to be absolutely true.
CONCEALMENT & FRAUD
The failure to disclose material facts is considered "concealment" Fraud is committed when an individual intentionally or deliberately deceives another. Concealment is grounds for voiding the policy.
WAIVER
The intentional abandonment or voluntary relinquishment of a known right as found in the policy.
ESTOPPEL
Estoppel is a term of law:
Estoppel STOPS the company from useing a previously waived provision.
WHAT ARE THE 4 SECTIONS OF AN INSURANCE POLICY?
D-Declarations
I-Insuring Provision
C-Conditions
E-Exclusions
WHAT IS THE "FAIR CREDIT REPORTING ACT OF 1970"
A federal law that permits the insurer (the company) to conduct consumer or other investigative reports on applicants for insurance.
HOW MANY TYPES OF PRODUCER AUTHORITY ARE THERE? WHAT ARE THEY?
1. Actual/Express Authority
2. Implied Authority
3. Apparent Authority
STOCK INSURER
A Stock Insurer is owned by the holders of its capital stock. Any profits earned are divided among stockholders.
MUTUAL INSURER
An insurance company without capital stock that is owned by its policyholders.
ACCORDING TO DOMICILE
Insurers may be classified according to where they are chartered.
DOMESTIC INSURER
One that is incorporated or chartered in a PARTICULAR STATE & its principal or home office is located in that state.
FOREIGN INSURER
One that is AUTHORIZED to operate in a particular state but is chartered or domiciled in another state.