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The insurance contract
Characteristics of an Insurance Contract (policy)
10
Insurance
Undergraduate 1
11/16/2011

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Term
ALEATORY
Definition
An insurance contract is aleatory, which means it is contingent on an uncertain event. Someone might pay and never make a claim, but have peace of mind. On the other hand, someone might make a claim and receive more than they have paid in premiums.
Term
CONTRACT OF ADHESION
Definition
One party has greater power of the other party in drafting the contract. Although the insured may request special provisions or coverages, it is the insurance company that ultimately draws up and issues the policy.
Term
EXECUTORY
Definition
Both sides must perform certain acts to make the contract legally enforceable.
Term
CONDITIONAL
Definition
Promises action in the event of a future occurrence. The insured's obligations are based on conditions specified in the contract. ex.reporting claim in a timely manner
Term
UTMOST GOOD FAITH
Definition
Both parties bargain in good faith.
Term
PERSONAL ASPECT
Definition
The insurance contract is bound to the insurable interest of the insured person. ex.with the sale of a new house, the policy does not automatically pass to the new purchaser.
Term
PRINCIPLE OF INDEMNITY
Definition
The contract must restore the insured to the financial position previously held before the loss.
Term
VALUED CONTRACT
Definition
Pays stated amount in the event of a claim.
Term
REIMBURSEMENT CONTRACT
Definition
pays only the amount of the loss.
Term
UNILATERAL
Definition
means "one sided" The insured has agreed to pay a premium in exchange for the insurers promise to act in the future. Insureds are NOT legally obligated to pay premiums and cannot be sued for breaking the contract.
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