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175 Cards in this Set

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Actuaries

Statistical analysts employed by an insurer to analyze and predict potential loss in order to set and maintain premium pricing for the insurer's products.

Risk

The potential for an outcome to result in either a gain or a loss based on a given action, event, or occurrence.

Risk Pooling (Loss Sharing)

The spreading of a specific risk, or the exposure of a specific loss, across a sizable number of individuals instead of bearing all costs on individual person.

Insurance

Form of risk management used to protect the financial well-being of an individual, company, or other entity in the event of an unexpected financial loss. It is considered a legal contract between an insurance company and a consumer or business.

Insurer

The insurance company is referred to as this.

Policyowner (Policyholder)

The consumer or business that purchases the insurance.

Insured

The individual for which the insurance policy is purchased. Usually it is the policyowner or policyholder.

Premium

The payment for which an insurance policy transfers the risk of a specific financial loss from one party to another.

Claim

A demand of payment for a loss which must be filed with the insurance company.

Indemnify

The overall purpose of insurance, to compensate the insured for loss or damage, regardless of which each type of insurance is designed to cover specifically.

Certificate of Authority

Provided to an insurance company as proof of licensure within the state.

Admitted

Once certified by the state, the insurer is considered to be admitted and is authorized to conduct insurance business within the state.

Non-admitted

Non-licensed, insurer is prohibited from conducting business within a state until it becomes licensed by that state.

Domestic Insurer

An insurance company that conducts insurance business in the same state in which it is incorporated.

Foreign Insurer

An insurance company that conducts insurance business in any state that it is not incorporated.

Alien Insurer

Any insurance company incorporated outside of the United States is considered to be an alien insurer while conducting business within the US and must follow all federal and respective state laws.

Insurer Financial Rating

An insurance 'financial rating' represents its financial strength and is based on its claims experience, investment performance, and in dividend returns, as well as an insurer's management team among other factors. Letter grade A++ or Aa1 to D.

Self-Insurance

Many businesses choose to self-insure to cover smaller employee claims that can be paid by the company instead of filing a claim through the insurer.

Smaller claims avoid costly premium for relatively small claims.

Reciprocals

Also known as 'Inter-Insurance', is a form of risk retention between members, known as 'subscribers' consisting of individual business owners, corporations, are municipalities.

Subscribers reciprocate in sharing risks and participate in indemnifying members who encounter loss.

Attorney in Fact (AIF)

Type of lawyer who administers reciprocal self-insurance.

Stock Insurance Company (Non-participating Company)

A private insurance organization whose main purpose is to make a profit for its stockholders. The insured policy owners do not own the company nor do they receive any dividends it returns.

Mutual Insurance Company (Participating Company)

An insurance company in which insured policy owners are also the company's stockholders. Policy owners share in the company's ownership and receive dividends of the surplus of the earned company's profits.

De-mutualization

Changing the corporate structure of a company from a mutual company to a stock company for the purpose of increasing capital.

Mutualization

Just as a mutual insurance company can 'de-mutualize', a stock insurance company can also change its corporate structure to become a mutual insurance company.

Reinsurance

The sharing of risk between an insurance company and a re-insurance company, to provide additional insurance coverage for risks that are too large for the single insurer to adequately cover.

Cedent Insurer

In a reinsurance agreement, a cedent insurer is the insurer that purchases additional insurance from a reinsurer.

Social Insurance

Includes all government-sponsored Insurance such as Social Security, Medicare and Medicaid to US citizens through federal and state legislation.

Fraternal Associations & Benefit Societies

Include non-profit organizations that are recognized for their social and charitable activities. These associations, often called 'societies', offer Insurance to its members in addition to other membership benefits.

Lloyd's of London

Considered the oldest insurance marketplace, and is an exchange marketplace consisting of individuals and companies and underwriters who provide 'high-risk' insurance products.

Speculative risk (Not Insurable)

Involves the chance of either loss or gain, such as gambling. Health and life insurance do not consider speculative risk to be insurable because of its potential for gain.

Pure Risk (Insurable)

Involves only the chance of loss, such as the chance of an injury from an accident. Due to the certainty of an outcome resulting only in loss, Insurance focuses only on pure risk.

Loss Exposure

All insured individuals contribute small amounts of premium on a regular basis to cover a much larger amount of loss.

Exposur Units

Economic value of the person's life or property being insured.

Law of Large Numbers

The concept that the larger the number of individual risks that are combined into a group, the more certain an insurance company is to knowing the amount of loss sustained that will occur in any given period of time. The more homogeneous a group is, the more accurate this prediction can be.

Elements of Insurable Risk

A risk is considered insurable when it meets the following requisites:


1. Any outcome must result by accident and produce a loss.


2. The insurer must be able to calculate the risk in the amount of loss incurred.


3. There must be a large enough number of similar risks being insured.


4. The risk cannot lead to catastrophic loss for the insurer.


5. The risk cannot be adversely selected.

Adverse Selection

The concept of adverse selection refers to the tendency of more unhealthy people being insured than healthy people, thus demanded more funding for claims from the insurer.

Hazard

The factor, or underlying condition, that gives rise to a peril.

Peril

The specific event that causes, or is the grounds, for loss. For example a house being destroyed by a fire, the fire is the peril.

Types of Hazards

Physical, Moral and Morale

Physical Hazard

Defined by physical conditions that exist which have the potential to lead to loss, such as unsafe working conditions.

Blocked fire exit, exposed electrical wiring, damaged or unsafe tools.

Moral Hazard

Defined by human behavior, actions, habits and lifestyles such as smoking, eating an unhealthy diet, drug abuse, texting while driving and drunk driving, all of which increase the risk of a peril.

Dishonesty, bad credit, intentionally filing false insurance claims, abusing credit cards and suing for the sole purpose of the potential for gain.

Morale Hazard

Defined by a temporary lapse in judgment that leads to a brief indifference and attitude towards risk. As an example, a driver might fail to stop at a stoplight because the driver was texting.

Methods of Handling Risk

1. Avoidance


2. Reduction


3. Retention


4. Sharing


5. Transference

Risk Avoidance

Avoiding Risk by not participating, such as by not riding on a motorcycle to avoid an accident. This is not practical in everyday life.

Risk Reduction

Controlling risk through a conscious effort. For instance, wearing a helmet and the correct clothing when riding a motorcycle will reduce the risk of serious injury if an accident were to occur, or having a fire extinguisher available in a home in case of an emergency.

Risk Retention

Accepting and managing risk when it occurs, such as having reserved funds available in the event of an accident or illness.

Risk Sharing

Self Insurance often involves sharing risk between the company and an insurer by retaining and managing small risks through company funds, while transferring larger, more costly risk to an insurance company.

Transferring Risk

Transfer risk to insurance company, cost resulting from an insured's futures risks are paid by the insurer, and in exchange, the insurer charges a monthly premium to the insured.

Insurance Policy

A binding agreement designed to protect against financial loss, and as a legal contract, it reflects the insurer's responsibilities of covering the insured losses.

Preferred Risk

Reserved for people with good health and good habits. Based on age, height, weight, and smoking status, individuals that fit within this classification are considered a low or preferred risk, and will often pay less premium than a standard risk policy.

Standard Risk

This classification is the average, or normal classification for the majority of applicants. Insurance companies commonly promote 'anticipated rates' based on standard risk classification.

Substandard Risk

An applicant rated as a substandard risk is commonly an individual who is in poor health, has already manifested a pre-existing condition that is beyond the standard risk classification, or might engage in a dangerous hobby or occupation.

Declined Risk

Unaccepted risks are declined by an insurance company's underwriters if the risk associated with the applicant exceeds the company's acceptable risk limits according to its underwriting guidelines.

Home Service System

System is the oldest and considered the original system for marketing insurance products. Various types of insurance products have been marketed using the home service approach including property and casualty, health and life products.

Utilizing this approach, a representative of the insurer meets initially with the insured to deliver the policy and collect the initial premium.

Direct Response System

Insurers market products directly to consumers through mass marketing as well as through their own salesforce, including company sales employees and 'captive agents'.

Agency System

This agency marketing distribution system incorporates agents, either exclusive to the insurer, or who are considered independent agents, meaning that they market several insurers products to consumers with the goal of matching the correct insurance policy based on the needs of the consumer.

Producers

Individual's licensed by their home state to solicit insurance, collect premium and deliver policies to newly insured individuals. In comparison to direct marketing practices, producers are given the authority to solicit Insurance to the general public and are paid a commission on insurance sales.

Generally categorized as agent, brokers, or solicitors.

Agent

Authorized by an insurance company to solicit and negotiate its Insurance products on its behalf. All states provide for the licensing of life, annuity, health, accident, disability and sickness agents.

Principal

The insurance company is often referred to as this, or the insurer.

Broker

Works on behalf of a consumer to negotiate and transact insurance with one or more insurers. An agent represents the insurer, while a broker represents the consumer.

Solicitor

Individuals hired by agents and brokers in some states to help with the sales process in an effort to increase revenue.

Captive Agent

An agent that sells Insurance on behalf of a single Insurance company, either as an employee or as a commission-based agent.

Non-Captive Agent

An agent that sells Insurance on behalf of multiple insurance companies and is paid commission from each insurer in which he or she is appointed.

A benefit of being an independent agent is that he or she can provide many options to help find the correct plan based on the needs of the applicant.

Managing General Agent (MGA)

An MGA is essentially an experienced agent who manages additional agents who work under the MGA and receives override commissions on each sub-agents sales in addition to his or her own commissions.

Personal Producing General Agent (PPGA)

Similar to an MGA in which sub-agents are managed and an override commission is paid to the PPGA. Sub-agents are usually employed by the PPGA, but receive commissions from the various insurers that are marketed through the PPGA.

Internet Marketing

Online marketing is a more efficient way of marketing products. Internet marketing has greatly reduced insurer overhead and marketing costs, as well as provided for quicker policy approval by expedite in the entire insurance process.

Appointment

A legal contract between an insurance company and a licensed agent by which the insurance company gives an agent the express authority to conduct Insurance business on behalf of the insurer in exchange for compensation, referred to as Commission.

Express Authority

Defined as a contractual agreement between an insurance company and an agent to market and sell the insurance products.

Implied Authority

Defined as the general business practices that an agent could perform that is not necessarily part of the agent's contract, but could be acceptable by the insurer.

Apparent Authority

Defined as being a vague and somewhat misleading Authority and agent has, based solely on the actions of the agent and the 'apparent' acceptable response of the insurer.

Errors and Omissions Professional Liability Insurance (E&O)

A type of insurance purchased by insurance agents to provide financial protection against consumer lawsuits resulting from the agent's actions. Two types of E&O policies exist: 'Occurrence' and 'Claims-Made' policies.

Occurrence Policy

A type of E&O policy that provides an agent with liability coverage against any current or future claims that result from negligent errors or omissions that occur during the period of time in which the E&O policy is in force.

Under an occurrence policy, an agent continues to be covered for incidents that occurred while the policy was enforced that are claimed after the policy has terminated.

Claims-Made Policy

A type of E&O policy that provides an agent with liability coverage against claims that are filed while the agent is insured under the claims-made policy.

Instead of providing protection against future claims, it insures against any claims of current or prior incidents that occurred, as long as the agent is insured under the claims-made made policy.

Extended Reporting Coverage

Also known as 'Tail' Coverage, this type of coverage can be purchased as an add-on to claims-made made E&O policy to protect against claims-made after the agent cancels his or her e&o coverage and is sued while not currently covered under a claims-made policy.

Prior Acts Coverage

Also known as a 'Nose' Provision, this type of coverage retroactively dates the agent's new E&O policy to an earlier date, usually to the beginning of his or her prior E&O coverage.

Retroactive Date

A prior acts policy's effective date of liability coverage in which an agent is covered in a claims-made E&O policy.

'Full' Prior Acts Coverage

Further protects the agent by covering any incident prior to the current policy, instead of limiting coverage to a specific retroactive date, as is required by a typical prior acts policy.

Agent as a Fiduciary

An individual who possesses a certain trust and/or confidence is known as a 'fiduciary'. Since an insurance agent has the authority by the insurance company it represents to collect an applicant's initial premium and submit it with the application, the agents 'fiduciary responsibility' is to act in good faith and maintain an honest and trustworthy work ethic.

National Do-Not-Call Registry

Enacted in 2003, the Do-Not-Call Implementation Act was created to provide consumers with the opportunity to restrict telemarketers' access to telephone numbers by adding them to the National Do-Not-Call Registry and reduce the amount of unwanted telemarketing communication on both an intra- and interstate basis.

Do-Not-Call Exemptions

1. Calls from organizations in which a consumer has established a business or customer relationship.


2. Calls made with permission from the consumer.


3. Cause made by or on behalf of nonprofit, tax-exempt groups and organizations.


4. Calls which are not commercial or do not include 'unsolicited advertisements' including calls from political organizations, charities and telephone surveyors.

Unsolicited Advertisements

Any material advertising the commercial availability or quality of any property, goods or services, which is transmitted to any person without that person's prior express invitation or permission, and write it or otherwise.

Established Business Relationship (EBR)

A prior or existing relationship formed by a voluntary two-way communication between a person or entity and a business or residential subscriber with or without an exchange of consideration (payment), on the basis of an inquiry, application, purchase or transaction by the business or residential subscriber regarding products or services offered by such person or entity, which relationship has not been previously terminated by either party.

As stated by the FTC, an established business relationship with a company exists for 3 months after the inquiry or application.

Do-Not-Call Improvement Act of 2007

Implemented additional efforts in removing disconnected and reassigned phone numbers, as well as retaining phone numbers within the National Do-Not-Call Registry on a permanent basis, as compared to the original five-year renewal requirement.

Ethics in Insurance Marketing

Deceptive, misleading, and untrue advertising is illegal and includes any form of communication from the insurer to the consumer. Defamation and disparagement, or expressing an untrue or negative opinion of a competitor, is also illegal and prohibited.

Misrepresentation

Lying to a customer regarding covered benefits or the terms of the policy, or guaranteeing insurance is illegal and grounds for license revocation. Promising dividend returns or company profits as an inducement to a sales also prohibited.

Twisting

The practice of inducing a policy owner through misrepresentation to forfeit or change insurance from one company to another in order to gain commission for an agent or agency

Churning

Similar to twist and, it is the act of deplete in the funds of one insurance policy to purchase another policy within the same company for no purpose other than to generate new commission for an agent or agency from an existing customer period

Sliding

Charging an applicant for ancillary (supplemental) coverage without their knowledge or advising that such additional coverage is required by law with the purchase of insurance.

Rebating and Fraud

The practice of rebating, or offering anything of value (including personal favors) to a customer as an inducement to purchase and insurance contract.

Paying dividends or bonuses fairly to all policyholders in a mutual or stock company is not considered rebating, nor is adjusting premiums over time based on the risk experience of a group.

False Financial Statements

It is illegal to publish false statements regarding an insurer's financial condition with the intent to deceive.

Boycott, Coercion, and Intimidation

It is illegal to commit an act of boycott, coercion, or intimidation that results in unreasonable restraint of, or monopoly in, the insurance business.

Defamation

Making or circulating false or malicious information regarding an insurer is illegal and includes both Libel (written defamation) and Slander (spoken defamation).

Unfair Discrimination

Unlawfully discriminating between individuals of the same class or insurance risk by charging different rates of premium, offering different benefits, or charging extra fees based on residence, race, religion, or national origin.

Federal Regulation of Interstate Commerce

The business of insurance often times crosses state lines and is considered by the federal government to be interstate commerce. As a result, in addition to state insurance laws, federal laws also apply to individuals involved in the business of insurance, whose activities affect interstate commerce.

Federal Interstate Commerce Prohibitions and Penalties 1

Any officer, director, agent, or employee of any person engaged in the business of insurance, whose activities affect interstate commerce and who willfully embezzles, or misappropriates any funds or policy premiums of an applicant or insurer shall be punished by a fine or imprisonment for not more than 10 years, or both.

Federal Interstate Commerce Prohibitions and Penalties 2

If such embezzlement or misappropriation jeopardizes the safety and soundness of insurer and was a significant cause of such insurer being placed in conservation, rehabilitation, or liquidation by an appropriate court, such as imprisonment shall shall be not more than 15 years.

Federal Interstate Commerce Prohibitions and Penalties 3

If the amount or value so embezzled, abstract, purloined, or misappropriated does not exceed $5,000, whoever violates such law shall be fined or imprisoned not more than one year, or both.

Federal Interstate Commerce Prohibitions and Penalties 4

Anyone engaged in the business of insurance and whose activity affects interstate commerce knowingly makes any false material fact in any book, report, or statement of such person with intent to deceive any person shall be punished by a fine or imprisonment for not more than 10 years, or both.

Federal Interstate Commerce Prohibitions and Penalties 5

If the false entry in any book, report, or statement of such person jeopardized the safety and soundness of an insurer and was a significant cause of such insurer being placed in conservation, rehabilitation, or liquidation by an appropriate court, such imprisonment shall be not more than 15 years.

Federal Interstate Commerce Prohibitions and Penalties 6

Anyone who, by threat or force or by any threatening letter or communication, corruptly influences, obstructs, or impede or endeavors corruptly to influence, obstruct, or impede the do and proper administration of the law shall be fined or imprisoned not more than 10 years, or both.

Federal Interstate Commerce Prohibitions and Penalties 7

Any individual who has been convicted of any criminal felony involving dishonesty or a breach of trust, and who willfully engages in the business of insurance, whose activities affect interstate commerce or participates in such business, should be fined or imprisoned not more than 5 years, or both.

Federal Interstate Commerce Prohibitions and Penalties 8

Any individual who is engaged in the business of insurance, whose activities affect interstate commerce and who willfully permits to participation of an individual defined above, should be fined or imprisoned not more than 5 years, or both.

Written Consent

An individual, as defined above, may only engage in the business of insurance or participate in such business if such person has the 'written consent' of any insurance regulatory official authorized to regulate insurance.

Insurance Application - General Questions

1. Contact and Residence Info


2. D.O.B (Age)


3. Sex / Height / Weight


4. Tobacco Status


5. Occupation / Hobbies / Vocations


6. Type of policy for which the individual is applying


7. Name in relationship of the policies beneficiary if applicable


8. Any other insurance applications that may be pendant either with the same or different insurer

Insurance Application - General Medical

1. Any current health conditions of the applicant


2. Any current medications being taken by the applicant


3. Any recent doctor or hospital (emergency room) visits or stays

Insurance Application - Health History

1. Any prior health conditions (within a stated period of time, usually 6 to 12 months or longer dependent on type of condition).


2. Any prior medications, doctors visits or hospital stays.


3. Previous insurance policy information and claims made while insured.

Non-Medical Application

Is common for a health insurance policy to be issued to an applicant based solely on the medical information gathered from the application that is submitted by the applicant to the insurer. This is usually the case when switching from one insurer to another, or when an individual is in good health when applying for insurance.

Guaranteed Issue

Simplified issue life insurance, this basic form of term life insurance typically provides face amounts between $1,000 to $5,000, and is issued based solely on the application, often asking basic applicant questions regarding gender, age, residence address and specific catastrophic medical history such as heart attack.

Medical Application

Several factors including the age and health of the applicant, and the type and amount of insurance for which is being applied, a life or health insurance applicant can be required to undergo a quick medical exam, in addition to submit an application. Most policies with less than $200,000 do not require a medical examination, sometimes the applicants age or poor health prompts to insured to require one.

Additional Information that may be required from applicant

Additional information may be required if an applicant reveals certain health conditions or other risk exposures.


1. Doing an applicant MIB file and even require a medical or paramedical exam


2. Reviewing an applicant's department of motor vehicle report


3. Reviewing credit and or inspections report


4. Requiring the completion of hazardous activity questionnaires )aviation, skydiving, scuba diving, auto/boat/motorcycle racing, mountain climbing)

Attending Physician's Statement

When necessary, an applicant may be required to provide a medical statement from the applicant's physician or provide specific medical records to the insurer when confirmation of a current or prior condition is needed by the insurer to accurately underwrite the applicant.

Agent's Report

In addition to the application, and insurer might request an agent's report which includes any immediate observations by the agent regarding an applicant's background, demeanor and character. An insurance agent must also say on the application if the applicant is replacing an existing policy with a new policy and whether it is being replaced by the same insurer or through a different insurance.

Required Disclosures

When an applicant submits his or her application, private information is being released about the individual that is legally protected under various privacy and health disclosure laws such as 'Health Insurance Portability and Accountability Act' and the 'Fair Credit Reporting Act', 'Privacy Act' and the 'Financial Services Modernization Act'.

Required Signatures

Upon submittent application for insurance, and applicant verifies his or her identity and personal information by providing his or her signature at the end of the application. The applicant signature attached to the accuracy of the information in the application.

Changes in the application

Once an application has been submitted, any changes in the application must be recognized as such by the applicant and the insurer to ensure that such changes are accurate and correct to what the applicant intended to provide on the application. An additional signature will be needed.

Consequences of Incomplete Applicatioms

Incomplete or inaccurate applications cannot be processed by an insurers underwrite in department till the such changes or completions are made by the applicant. This would delay the process.

Collecting initial premium and issuing a conditional receipt

A common practice and insurance industry is to collect an applicant's initial premium at the time of application, allowing the insurer to issue the policy ones underwriting it's completed.

Conditional receipt

Depending on the type of insurance in which an application is being submitted, the insurer provides the applicant with a 'receipt of submission', known as a conditional receipt. Provides the applicant with a very important protection against any event that may occur after the submission of the application and before it's approval that must be covered by the insurer of such events were to occur.

Insurance Policy Underwriting

The process of reviewing application for insurance where an insurance company determines an applicant's eligibility in premium amount based on the total overall risk, and how it is classified according to the company's risk limits in standards.

Underwriters

Individuals who are employed by the insurance company to review and determine whether an applicant is acceptable or declinable, based on the medical history of the applicant.

Risk Selection

The method with which underwriters used to establish whether an applicant is insurable and to what level of risk might they pose to the insurer.

MIB Group Inc.

The MIB is a medical information retention agency whose objective is to provide reliable medical information regarding an applicant. It is supported by and serves over 700 member insurance companies throughout the US and canada.

Paramedical Exam

A paramedical exam can be required by an insurer when underwrite in an applicant. It generally includes:


1. Recording the applicant's height and weight


2. Conducting a verbal questionnaire regarding the applicant medical history and lifestyle


3. Checking the applicant's blood pressure and pulse rate


4. Collecting blood in urine for analysis

Mortality rate

Known as the death rate, it is the rate at which death occurs within a given population, and is a factor used to determine the premium of a life insurance contract.

Morbidity rate

Rate of incidents in which disability due to accident or illness occurs in a given population. It is a factor used to determine the premium of a health insurance contract.

Interest

A large percentage of the insurance premium paid by policy owners is invested by the insurance company to earn interest.

Expense Loading

The process of adding premium dollars to a policy to cover company expenses associated with the issuance of a policy (underwriting and administrative cost).

Net Premium

The premium amount before expense loading is added.

Gross Annual Premium

The premium amount determined after expense loading is added and is the total annual cost of the policy that the insured pays.

Premium Mode

Frequency in which a policy owner pays his or her premium. Most policies are paid on a monthly basis; however, quarterly and semi-annual payments, as well as one lump sum annual premium, are also options with most companies.

Reserves

State and federal regulation requires insurance companies to maintain funds necessary to pay its expenses and claims. A company's reserve should be equal to the amount that will exactly equal all of the company's contractual obligations.

Loss Ratio

Defined as the ratio between company losses (annual claims) and company revenue (annual collected premium), and is calculated by dividing losses by the total premiums received.

Expense Ratio

Defined as the ratio between annual company operating expenses and company annual revenue, and is calculated by dividing operating expenses by total premiums received.

Contract Law

The branch of law that regulates the rights and responsibilities of parties that enter into contracts, and any contractual disputes arise from written or verbal agreements. Insurance is regulated under contract law, as opposed to tort law

Tort Law

The branch of law covering most civil lawsuits based on personal liabilities and damages resulting from the 'wrongful acts of others', except for contractual disputes.

4 Elements of a Legal Contract

1. Agreement (Offer and Acceptance)


2. Consideration


3. Legal Purpose


4. Competent Parties

Agreement (Offer & Acceptance)

A contractual agreement is achieved when one party, the insurer, accepts an offer made by another party, the applicant. If the insurer does not accept the applicant's offer, the insurer will provide the applicant with a 'counter offer'.

Consideration

As part of the contractual agreement, each party must give consideration towards the agreement, meaning that each party must commit to the agreement by providing the other party with something of value that is either payable to the other party or as promised in exchange for such payment.

Consideration (Insurance Industry)

The initial monetary premium that the applicant pays to the insurer in exchange for the promise of benefits provided by the insurer, although, in different industries, consideration is more broadly defined as any payment, promise, promise to act or promise not to act between two parties.

Consideration (simplified)

Consideration = application + initial premium

Legal Purpose

A valid contract is one with legal purpose. Must have a legal purpose to provide Financial protection to one party in exchange for regular premium payments to the other party.

Competent Parties

All parties in a contract must be of a 'legal capacity' and be able to understand the purpose and requirements for such a contract. An applicant for insurance is presumed to be competent to enter into a contract.

What voids competency

1. If the applicant is a minor


2. If the applicant is mentally unfit to enter into a contract


3. If the applicant is under the influence of alcohol or drugs

Controlled Busines

Defined as selling Insurance to oneself and immediate family members, friends or business acquaintances.

Controlled business is permissible by almost all insurers.

Insurance Policy

A formal contract issue by an insurance company to a policyowner (life insurance) or (policyholder) health insurance, and states the insured's name, coverage and premium terms and conditions, as well as any policy beneficiaries, if necessary.

Insurable Interest

In order to obtain insurance, an interest must exist between two parties where one party has the potential to suffer a loss in the event that a particular negative outcome occurs to the other party involved in the policy.

Indemnity

The actual compensation paid by the insurer to the insured, or to the policy' beneficiary for loss that has occurred.

Subrogation

The process in which an insurer pursues reimbursement from another insurer for indemnifying an insured when the insurer is ultimately not responsible for paying such claim.

In the event that a third party insurer is responsible, or partially responsible, for indemnifying the insured, the insurer who has paid such claim will communicate to the responsible third party insurer it's intention to recoup the amount that such as should have indemnified the insurance

Limit of Liability

The Financial limit of the insurer in indemnifying the insured or policy beneficiary, based on the terms of the contract.

Valued Contract

A contract that pays a stated sum, regardless of the amount of loss that has occurred. Life insurance, disability insurance, and AD&D policies are all examples of ‘valued’ contracts.

Indemnity Contract

A contract that pays out benefits that are equal to the actual loss incurred, up to the policy stated limits, in order to make the insured 'whole' again.

Policyowner

Owner of a life insurance policy. This individual can also be the insured being covered under the policy. A policyowner can also be a separate individual from the insured as long as insurable interest exists at the time of application.

Policyholder

Pertaining to health insurance, a policyholder is an individual who is covered under an insurer's health plan.

Policy Assignment

Life insurance is considered legal property of the policyowner, and as such, a policyowner can transfer ownership rights to another individual without needing approval by the insurer

Personal Contract

A health insurance policy creates a personal contract between the insurer and the insured, and does not allow for policy assignment without approval by the insurer.

contract of adhesion

Unique to the insurance industry, an insurance policy is considered to be a 'contract of adhesion', meaning that only one party, the insurer, defines and prepares the insurance contract, which is non-negotiable by the other party.

Aleatory

Dependent on chance, or an uncertain outcome, where one party may receive more value than the other party based on uncertain future circumstances.

Unilateral

only one party makes promises to the other party, as opposed to a bilateral contract in which both parties make a promise to each other. As such, only one party, the insurer, is required to follow through on any promise it makes to the insurance contract regarding the policies schedule of benefits.

Conditional Contract

Conditions that must be satisfied in order for benefits to be paid to the insured. Policy benefits are only payable to the insured in the event that risk materializes into a loss.

Utmost Good Faith

The intent that both parties in a contract will act with the utmost good faith toward each other.

Representation

A statement that the applicant believes to be true to the best of his or her knowledge.

Warranty

A statement that the applicant promises to be true, such as his or her age or gender. Such warranties are important to the creation of the insurance policy and are included in the contract between the applicant and insurer.

Title Page (Declaration Page)

As the first page in an insurance contract, the title, also referred to as the declaration page, list the insured's personal information including name and address, as well as unique policy number assigned to the insured, the policies issue date, the amount and date of the month that the premium is due. It also lists any benefit limits placed on the policy by the insurer.

Definitions Page





Policy terms are defined to provide clarity in contract interpretation by the insured.

Insuring agreement

Defines the scope of the coverage and all promises of insurance coverage made by the insurer in exchange for premium.


Policy Conditions



Every insurance policy contains certain conditions and obligations that must be met by the insured in order to receive benefits. An insured cannot simply call the insurance company up and demand payment for a medical expense. Filing a proof of loss form and submitting it to the insurer in a timely manner is required for an insurer to process the claim.

General Policy Exclusions



Put parentheses around includes exclusion hazards specified in the contract for which the insurer will not provide coverage, such as not covering any loss resulting from an act of war or military service, or loss resulting from hazardous occupations and personal avocations like skydiving or auto racing.




The current life and health insurance industry also allow for the exclusion of certain pre-existing conditions based on each insurer's ability to absorb risk each insurer's follows its own underwriting guidelines in determining if any exclusions are to be added to a policy based on the applicant's health history.
Added Policy Riders (Endorsements)
Benefits to be added by an applicant to a policies base package such as a maternity rider to cover pregnancy costs in a health contract.
Entire Contract Clause
According to the court interpretation, to fully understand the validity of an insurance contract, the court examines the entirety of a contract in determining the intent of both parties.



Written Contracts

Any handwritten or typed material that is added to an insurance policy by the insurer after the original printed contract is formed is interpreted by the courts as intended by the insured to be included, and serves as a better indication of the parties intent over the original printed material.
Parol (Oral) Evidence Rule
A court ruling stating that once an insurance contract is provided to the insured in written form, it cannot be modified by any oral statements made by either party.
Misrepresentation


Promoting false information in an attempt to mislead the other party.

Concealment
An omission or an attempt to avoid disclosing a fact in order to deceive or mislead the other party in a contract. under state insurance law, either intentional or unintentional concealment entitles an injured party to rescission of a contract.
Fraud
The act of dishonesty, whether by misrepresentation or concealment, in order to gain benefit from another party.