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Policy Provisions and Contract Law

Terms in this set (30)

In property and casualty policies, what is required for an assignment to be valid?
A written consent of the insurer
What does the term unilateral contract mean?
A unilateral contract is a one-sided contract. This means only one party makes an enforceable promise.
Persons who are not named on the declaration page of a policy but who are protected by the policy are known as what type of insured?
Additional Insured
What is proof of loss?
A sworn statement from an insured notifying the insurer about a loss
In insurance contracts, when is the offer usually made?
When the insurance application is submitted
What does an endorsement do to an insurance contract?
It modifies the policy's original terms.
What provision defines how a policy will respond if there is more than one insurance policy written on the same risk?
Other Insurance
In commercial property policies, who has control of the policy, and who can cancel it?
First named insured
What are an insured's duties after loss?
Protect the damaged property from further damage, prepare an inventory of damaged property, cooperate with the insurer in settling a loss, notify police in case of theft; and submit proof of loss
What is consideration on the part of the insurer?
A promise to pay in the event of a loss
What insurance principle does pro rata liability protect?
Indemnity
What is the difference between cancellation and nonrenewal?
Cancellation is the termination of an insurance policy by either party prior to the policy's expiration date. Nonrenewal is the termination of a policy at its expiration date by not offering a continuation of the existing policy.
What is a warranty in an insurance contract?
An absolutely true statement upon which the validity of the policy depends
When is an appraisal needed and how can it be requested?
If an insured and an insurer disagree about the value of a property loss, either party can make a written demand for an appraisal.
What are the four elements of an insurance contract?
Agreement (offer and acceptance), consideration, competent parties, and legal purpose
Where is the policy period stated in an insurance policy?
On the declarations page
Information about changes to the policy or return of premium can be found in what section of a policy?
Conditions
What part of an insurance policy contains the insurer's promise to pay a claim?
Insuring agreement
What part of an insurance policy sets forth the rules of conduct, duties, and obligations of the parties to the contract?
Condtions
What section 'personalizes' an insurance policy?
Declarations
What part of a policy shows the amount of insurance, premium, and policy terms?
Declarations
In insurance contracts, when does acceptance usually occur?
When the insurer approves a prepaid application
What is a binder?
A temporary insurance contract that goes in effect prior to the policy issue
When does pro rata liability apply?
When an insured has more than one policy covering a loss
Which method of loss valuation is contrary to the principle of indemnity?
Replacement Cost
What is consideration in an insurance contract?
Consideration is something of value that each party gives to the other. Consideration on the part of the insurer is binding.
What is additional coverage in an insurance policy
A provision that adds more coverage for a specific loss at no additional premium
Who is an insured in property and casualty insurance?
Anyone covered under the policy, even if not specifically named
Incorrect Answers:
What process is used to settle a casualty claim when the insured and the insurer cannot agree?
Arbitration
What does the exclusions section of a policy specify?
What perils are not insured against, or what persons are not covered in a policy
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