You have decided that you need life insurance. You have a mortgage that you want to be sure is covered if you should pass away before it is paid off. You don't want the outstanding debt to become your spouse's responsibility. You go online and get quotes from multiple companies. You look at the different rates and coverage options that the companies provide. You are pretty sure which product you will go with. But do you really know all the details of buying an insurance policy?
So what is an insurance policy? Simply put it is a contract. It is a contract that a policy holder pays for called a premium. What takes place is an agreement that for the price paid an insurance company will assume the possibility of an unknown loss. This could not take place without a contract, the policy. The risk is transferred from the individual to the insurance company. Risk is the chance or uncertainty of loss.
The insurance policy is a legal contract. As long as there is insurable interest, when a loss occurs the policy owner has their financial loss restored. There is no profit to be gained. One is merely made whole again.
A lot of the time people will put much time and energy upfront thinking about whether or not they need life insurance or any insurance, for that matter. Do I have a need to actually spend the money monthly or annually on a policy? Someone might ask this. Then they may spend ample time on the phone or the computer with an insurance agent. Or they may use one of the very useful and free resources on the internet and get free quotes and do a comparison of premiums. After doing all of this there is getting the policy issued. This may entail underwriting, which in most cases, necessitates a medical exam. Then finally getting the policy issued. After all of these steps are complete and all of that time and energy has been exerted, the policy is mailed to your home. At this point so many people never really read their contract. They just put it in a file drawer and never take it out again.
But what are the things that went into making this contract? Well for an insurance policy it has to have four components. All contracts commonly have a competent party, a legal objective, an offer & acceptance and valuable consideration. Did you know that policy that is sitting in a drawer somewhere collecting dust had these items that make it up? What are these things, though? Well, a legal objective is where the contract insures there is pure risk and insurable interest involved. Offer and acceptance is when one party, the applicant, “offers” to fill out an application and paying a premium, and the acceptance is when the insurance company accepts the risk by issuing the policy. Finally another feature is the term valuable consideration. That is when items of value are exchanged. For example, the insurance applicant provides information on the insurance application and pays a premium and in return the insurance company promises to pay for losses that occur under the policy.
These are the parts that went into making your insurance policy that may be snug in a drawer somewhere in your house. Now you know what components went into making that contract.
Breach Of Insurance Contract
Your filling the proposal form and sending it to the insurance company is the 'offer' and when the insurance company accepts your proposal it is the 'acceptance' part of the concept. The amount you pay as premium is considered as the 'consideration' part of the contract. The concept of 'legal capacity' also applies to insurance contracts. It requires both the parties to be legally capable of entering a contract. Your insurance contract is based on 'legal purpose', which means that the contact is not meant for encouraging illegal activities. The other legal principles that govern the contracts are:
Principle of Indemnity:
This principle requires the insurer to pay an amount, not more than the actual loss suffered, in case of loss. The amount paid as claim by the insurance company should not be more than the sum assured in the insurance contract. The aim is to provide a claim amount that will help the claimant to regain the lost financial position. In some indemnity contracts, the amount payable by the insurance company is subject to the amount of actual loss. Some indemnity contracts also have a provision for the claim to be paid only if the actual loss exceeds a certain amount. For example, in an auto insurance contract of 3000 dollars, you would be eligible for the claim amount only if your actual loss exceeds 3000 dollars. In case, the actual loss amount is below 3000 dollars, you would be liable to bear all the costs.
Insurable Interest
In this insurance cover, the insurance contract covers only those properties or events specified at the time of investment. For example, if you live in your uncle's house and apply for a homeowners' insurance, the insurance company will reject the claim, since you are not the owner of the property and do not suffer any personal financial loss in case the house gets damaged.
Principle of Subrogation
The principle of subrogation enables the insured to claim the amount from the third party responsible for the loss. It allows the insurer to pursue legal methods to recover the amount of loss, which the company has paid the insured via the insurance claim. For example, if you get injured in a road accident, due to reckless driving of a third party, the insurance company will compensate your loss and will also sue the third party to recover the money paid as claim.
Doctrine of utmost good faith
This means that both the parties are expected to disclose any information, important to the contract. For example, when applying for life insurance, it is your duty to disclose any permanent ailments that you might have. Likewise, your insurer also is expected to be clear on the illnesses that are not covered under the contract.
Once you become familiar with the principles, you will be able to understand the scope of your insurance contract. This makes you independent of the insurance advisor.
Both Christian Seemuller Vp & Joseph Kenny are contributors for EditorialToday. The above articles have been edited for relevancy and timeliness. All write-ups, reviews, tips and guides published by EditorialToday.com and its partners or affiliates are for informational purposes only. They should not be used for any legal or any other type of advice. We do not endorse any author, contributor, writer or article posted by our team.
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