Saturday, July 31, 2010
History of insurance
In some sense we can say that insurance appears simultaneously with the appearance of human society. We know of two types of economies in human societies: money economies (with markets, money, financial instruments and so on) and non-money or natural economies (without money, markets, financial instruments and so on). The second type is a more ancient form than the first. In such an economy and community, we can see insurance in the form of people helping each other. For example, if a house burns down, the members of the community help build a new one. Should the same thing happen to one's neighbour, the other neighbours must help. Otherwise, neighbours will not receive help in the future. This type of insurance has survived to the present day in some countries where modern money economy with its financial instruments is not widespread.
Your 5-minute guide to life insurance
Life insurance provides families with financial security should a spouse or parent die. Once you have dependents, the question "What if you got hit by a bus?" requires serious consideration. (See the video "Preparing for the worst.")
First, the basics
There are essentially two types of life insurance: term and whole. You can apply for a policy online, seek help from a financial planner or buy through an agent.
A term policy covers a period of one to 30 years. When the insured dies, the face amount of the policy is paid to the beneficiary. Term life has no savings component. If you haven't died by the end of the term, you don't get any money back. For most Americans ages 20 to 50, a term policy is the best and simplest option. (See "The debate: Term vs. whole life")
In the past, rates skyrocketed if you were older than 40. But now good rates are available in your 40s and 50s if you're in good health. Insurers today can better estimate risk by taking into account everything from cholesterol levels to family history. (See "Now's the time to buy term-life coverage.")
A whole-life policy, also called permanent life insurance, not only protects you from the day you purchase it until you die, but it also includes an investment in bonds, money markets or stocks. The policy builds cash value that you can borrow against. The three most common types of whole-life insurance are traditional, universal and variable.
The downside of whole life: It's expensive because part of the money is put into a savings program, and it typically comes with high fees and commissions. (See "When it pays to consult an insurance pro.")
If you already have a policy but think you are paying more than you would had you opened it recently, shop around.
How much is enough?
Deciding how much really just depends. If you're single with no dependents, you probably don't need any at all. The key time to get life insurance is when you have children. In addition, get coverage if you have a spouse who doesn't work. (See the video "How much life insurance is right?")
A rule of thumb for life insurance is five to 10 times your annual salary. MSN Money's estimator of life insurance needs can help you decide how much coverage you should have. (Also see the video "A lifetime of life insurance.")
Consider these tips:
Don't buy life insurance for young children. It's largely wasted because you're not replacing income. (See "Insurance plans you can avoid.")
Look at your budget before committing to a premium. When you buy life insurance, you have to keep paying the premiums throughout the term, no matter what, or lose your coverage. (See "Your 5-minute guide to budgeting.")
Don't let a policy lapse if you plan to buy another one at some point. A high number of lapses could indicate financial instability. (See "The effects of lapsing on your policy.")
You might be able to drop your life insurance if your children are grown and your spouse has income.
An insurance policy is only as good as the company that backs it, so check out a company's financial rating before signing on. Avoid advisers who say the ratings are unimportant or unavailable.
If you are single and simply don't want your relatives burdened with the cost of a funeral, consider contributing to a Totten trust savings account. (See "Plan -- and pay for -- your own funeral.") Should you take out a life insurance policy later on, you could use all your contributions to the trust, as well as the interest earned, for something else.
Your 5-minute guide to car insurance
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Here's some basic advice, plus 22 tips to help you protect yourself and get the best value for the money you spend on automobile coverage.
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By MSN Money staff
Your car insurance rates are based on a few factors you can't readily change -- your sex, age, marital status and where you live -- and many that you can -- your credit scores, what you drive, how well you drive and how much coverage you buy.
Here's how to get the best deal.
First, let's review the basics. Details vary from state to state. (See "Shopping for auto insurance.")
Liability insurance pays for injuries and property damage caused by a crash if an insurance adjuster determines you were at fault. It does not cover your injuries or those of other people on your policy, or damage to your vehicle. State minimum requirements provide inadequate protection. Buy no less than $100,000 per person, $300,000 per accident and $50,000 for property damage, or no less than $300,000 if your policy has a single limit. You are personally liable for claims that exceed your coverage, so buy even more if you can, and consider an umbrella policy.
Uninsured/underinsured motorist protection covers injuries to the occupants of your car -- and property damage in some states -- if the other driver has no insurance or too little.
Collision insurance pays for damage to your vehicle in an accident. If your car is totaled, you'll get what the insurer considers the pre-crash market value of your car, minus your deductible. To get a general idea of what that may be, check the Kelley Blue Book private-party price or visit the Web site of the National Automobile Dealers Association. You can pay extra for replacement-cost coverage for newer cars.
Get a quote on auto insurance Compare what Farmers, Geico, Nationwide, Progressive and State Farm have to offer.
Comprehensive insurance covers theft of your vehicle and noncollision damage to your car, as well as animal collisions. You may be eligible for lower rates if your vehicle has anti-theft and tracking devices.
Medical or personal-injury protection provides coverage for you and your passengers, regardless of fault. You may not need this insurance if you have good health insurance.
Twelve states have no-fault insurance, which generally covers the insured person's injuries and property damage no matter who is at fault.
Consider gap insurance if you owe more on your car than it's worth.
Reduce your rates
The company you select and the coverage you buy can greatly reduce your rates.
Shop around. Check rates online at InsWeb.com, call companies, and consult an agent through the Independent Insurance Agents & Brokers of America. Rates vary greatly depending on a company's operating expenses, history of claims and formulas for setting premiums. Check a company's financial status and consumer record. The last thing you need is to go cheap and then find it's all but impossible to file a claim.
Increase your deductibles on comprehensive and collision coverage to an amount you can cover out of pocket.
Consider dropping both if you own your vehicle outright and the combined annual cost for that coverage is more than 10% of what you would get if you car were totaled. (See "Dump the insurance on your clunker.")
Ask your insurer about all available special discounts.
If you're switching insurance companies, do it in writing. Your credit scores will suffer if you're canceled for nonpayment.
Control yourself
Your behavior on and off the road has a bearing on your rates.
Pay all bills on time. Your premiums are based in part on your credit scores or an insurance risk score based on your credit reports. (See "The new math of car insurance.") TransUnion's TrueCredit will provide your auto insurance risk score for $9.95.
Drive defensively, and avoid distractions such as text messaging or talking on a cell phone. One speeding ticket may not raise your rates, but an accident you caused probably would -- generally by 40% of the company's base rate.
Don't drink and drive. (See "DUI: The $10,000 ride home.")
Don't lend out your car. If your friend wrecks it, your rates will go up. If your uninsured friend wrecks your car, you'll be liable for claims exceeding your policy.
The type of vehicle you drive affects your rates.
Check the cost of insuring that sports car before you buy it. You'll pay higher premiums for a vehicle with higher collision-damage costs or that's attractive to thieves. Use MSN Money's comparison tool. And no, it doesn't cost more to insure a red car.
High-tech items are more expensive to replace after a crash.
The deal on discounts
Factors such as age, how much you drive, where you live and, sometimes, what you do for a living affect insurance premiums. You can take some steps to get a better rate.
If you get married, you'll get a discount and benefit from combining policies. (See "Paying too much for car insurance?")
People 55 and older get a discount for taking a driving class.
Adding your newly licensed teen to your policy will increase your premiums 50% to 200%. One way to reduce costs: Buy a beater and list your child as the driver. Teen drivers can get discounts for drivers ed courses or good grades. (See "Cut the cost of insuring your teen driver.")
You may get a discount if your child attends college away from home.
If you wreck your car
If you've been in a collision, tell your insurance company for your own protection, even if injuries are not readily apparent. Informing the company doesn't mean you're filing a claim.
If you disagree with the value assigned to your totaled vehicle, provide quotes from local dealers and proof that your vehicle was well-maintained. (See "12 secrets your car insurer won't tell you.") Still unsatisfied? Your options are mediation, arbitration and, finally, a lawsuit.
Twenty-eight states require insurance companies to pay the sales tax on a replacement vehicle, based on the settlement value of your totaled car. Request it, as well as registration and title fees, wherever you live.
In 14 states you can get payment for the "diminished value" of your damaged car.
If the driver at fault in a crash is uninsured, consider "stacking" or collecting on all of your policies that have uninsured/underinsured motorist coverage to fully cover the damage, unless state law prohibits it.
Body shops may be tempted to cut corners to meet insurance companies' pricing requirements. Check Assured Performance Collision Care for qualified repair shops. (See "7 things auto-body shops won't tell you.")
If you cause an accident, does your policy require you to pay the difference between generic and original-equipment manufacturer parts? If someone else caused the accident, request original-equipment parts for your repairs
Friday, July 30, 2010
A Fact: Car Insurance is maximized during Holidays By Jasper Ericks
Published: Friday, July 30th, 2010
The holiday seasons are the busiest time of the year. Shoppers, who rush for last-minute shopping, crowd the malls, the parking lots and the slippery roads. As cars speed on these slippery and dangerous roads, accidents are very hard to avoid even on the jolly holidays.
According to statistics, the number of road incidents that happens around the days approaching the holidays is significantly higher compared to the road incidents during regular days. This is not really surprising considering how busy the roads get when people go out to shop or visit their families. Just as well, the holiday season is the time when the snowstorms can be unforgiving.
Holiday car accidents can also be caused by the blinding Christmas lights and other holiday decorations that can block roads and distract drivers. To avoid spending more than the amount you will spend for holiday treats, it is absolutely necessary for you to get car insurance. “Drive safely” is almost a metaphor for “good luck on avoiding accidents” during holiday seasons that you can almost be sure that you will be maximizing your policy during this time of the year.
If you drive full-time, your automobile insurance policy will certainly help you handle the expenses should you get into road incidents. However, if you are a non-regular driver but you get busy on the road during the holidays, getting the expenses covered when you get into road mishaps can a problem if the car rental does not issue a policy along with the vehicle you rented.
You may get yourself a short term/temporary policy if you are a non-regular driver. This type of policy will cover you for a certain period of days or weeks. This is really the best insurance that non-regular drivers can get because they will only be paying for premiums on daily or weekly basis. It would be impractical for non-regular drivers to get full coverage because premiums for full coverage policy can be really expensive.
Another option that non-regular drivers can get is to have an insured household member list them down in their name. This is considerably cheaper than having a policy of your own because there will only be a small amount added to the original policy as compared to paying for two separate policies on regular premiums.
There are a number of companies who offer a policy on a relatively cheaper amount but be sure that, if you opt for this, you are getting the best car insurance available from the company.
Do not sacrifice quality for the amount because you can suffer just the same if the company refuses to pay for medical coverage because the cheap policy does not include such coverage. You can always depend on your medical insurance but what if there are other people involved in the accident? What if these people are not listed down as your dependent? Just to be sure, settle for an affordable policy that offers you a fair number of coverage rather than settling for a cheap one with a cheap quality.
Insurance can be described as a form of risk management which is mainly used to protect an individual against the risk of potential financial losses, if any. Insurance can be used as a tool to protect a person against the potential risks, such as travel accidents, death, unemployment, theft, property destruction by natural disasters, fires, accidents etc.
Types of Insurance
Different types of insurance used to cover the different properties and assets such as vehicles, home, health care etc. Basically, an insurance policy may also be known as a safety net which ensures that from any future financial loss.
All you have to do is pay insurance companies a certain amount each month, known as premium, so they can care for you by providing you with financial backing in case of sudden health emergency or a fatal incident.
There are two ways to get insurance done.
One way is to visit an agent and consult with him the best choice you can make for your situation. And then trust him her for their suggestions on the type of insurance they think is right for you.
The other way is to research and choose for him, the type of insurance that is best for your situation. You should research the market and the network to find the best insurance companies, and moreover, the most appropriate type of insurance they offer.
They also explore different types of policies are available on the market, and then compare to decide which one to choose finally.
Insurance Health Care
With such high costs of medical and health care these days, it’s hard to even think of visiting a doctor. But what about an unexpected accident or disability or unexpected attack, where the potential for medical bills can shoot up to heaven? Where to get that money?
These are exactly the situations where you think you had a safety, which could come to their rescue and save him from the financial crisis. While some companies offer their employees health insurance, for others, this is a necessity.
Especially for aging couples, who have relatively more likely to need money emergency law. Health insurance does everything, so you do not have to worry about the huge expenditure in the last minute.
Health insurance may cover all routine immunization of a serious illness.
Life Insurance
The loss of a family member is a catastrophe that sadness of a family life. But even more tragic is the death of a bread only source of income for the family, which then has to go through the pain of losing loved ones, financial losses and threatening their survival.
This financial burden due to sudden death of a relative or disability resulting in loss of employment or inability to work can be largely avoided by adopting a policy of life insurance.
A life insurance or disability insurance covers such losses and pays a family to restore compensation for loss of income for them because of the sudden death or disability.
A monthly premium for life insurance is usually based on age, health and information of the occupation of the applicant, in addition to the total benefits payable to him by his policies.
Home Insurance
The real estate and hard assets are subject to accidental risks like theft, destruction due to natural disasters or fire accidents, so huge investments icon gone to buy a property as your home or office, the risk that involves a loss of large amount of money.
Home and property insurance helps in the management and protection against these risks. The cost of real estate and insurance is mainly based on the value of hard assets and insured, and also the place where the assets are located.
Travel Insurance
This is intended to cover any financial or any other losses which were incurred by the insured during the trip, whether national or international law, as mountain trekkers, cruise travelers etc.
Auto Insurance
Every vehicle on the road, no matter how secure it is their driver, is required to meet with an accident or two, so you can leave with just a few scratches, or fall up completely. Most countries today require you to have car insurance while on the road in their vehicles.
If you have an accidental car crash, a total repair can cost a fortune. Furthermore, a small scratch on his Land Cruiser could also rise to their accounts and higher.
Whether or not you need car insurance mostly depends on the type of car you own.
If you have an expensive car and a little repair could remove you financially, you should do well in a purchase of an all-inclusive and accident insurance that would protect against any and all damage caused to your vehicle
Principles of insurance
Principles of insurance
Commercially insurable risks typically share seven common characteristics.
1. A large number of homogeneous exposure units. The vast majority of insurance policies are provided for individual members of very large classes. Automobile insurance, for example, covered about 175 million automobiles in the United States in 2004. The existence of a large number of homogeneous exposure units allows insurers to benefit from the so-called “law of large numbers,” which in effect states that as the number of exposure units increases, proportionally the actual results are increasingly likely to become close to expected proportions. There are exceptions to this criterion. Lloyd’s of London is famous for insuring the life or health of actors, actresses and sports figures. Satellite Launch insurance covers events that are infrequent. Large commercial property policies may insure exceptional properties for which there are no ‘homogeneous’ exposure units. Despite failing on this criterion, many exposures like these are generally considered to be insurable.
2. Definite Loss. The event that gives rise to the loss that is subject to the insured, at least in principle, take place at a known time, in a known place, and from a known cause. The classic example is death of an insured person on a life insurance policy. Fire, automobile accidents, and worker injuries may all easily meet this criterion. Other types of losses may only be definite in theory. Occupational disease, for instance, may involve prolonged exposure to injurious conditions where no specific time, place or cause is identifiable. Ideally, the time, place and cause of a loss should be clear enough that a reasonable person, with sufficient information, could objectively verify all three elements.
3. Accidental Loss. The event that constitutes the trigger of a claim should be fortuitous, or at least outside the control of the beneficiary of the insurance. The loss should be ‘pure,’ in the sense that it results from an event for which there is only the opportunity for cost. Events that contain speculative elements, such as ordinary business risks, are generally not considered insurable.
4. Large Loss. The size of the loss must be meaningful from the perspective of the insured. Insurance premiums need to cover both the expected cost of losses, plus the cost of issuing and administering the policy, adjusting losses, and supplying the capital needed to reasonably assure that the insurer will be able to pay claims. For small losses these latter costs may be several times the size of the expected cost of losses. There is little point in paying such costs unless the protection offered has real value to a buyer.
5. Affordable Premium. If the likelihood of an insured event is so high, or the cost of the event so large, that the resulting premium is large relative to the amount of protection offered, it is not likely that anyone will buy insurance, even if on offer. Further, as the accounting profession formally recognizes in financial accounting standards, the premium cannot be so large that there is not a reasonable chance of a significant loss to the insurer. If there is no such chance of loss, the transaction may have the form of insurance, but not the substance. (See the U.S. Financial Accounting Standards Board standard number 113)
6. Calculable Loss. There are two elements that must be at least estimable, if not formally calculable: the probability of loss, and the attendant cost. Probability of loss is generally an empirical exercise, while cost has more to do with the ability of a reasonable person in possession of a copy of the insurance policy and a proof of loss associated with a claim presented under that policy to make a reasonably definite and objective evaluation of the amount of the loss recoverable as a result of the claim.
7. Limited risk of catastrophically large losses. The essential risk is often aggregation. If the same event can cause losses to numerous policyholders of the same insurer, the ability of that insurer to issue policies becomes constrained, not by factors surrounding the individual characteristics of a given policyholder, but by the factors surrounding the sum of all policyholders so exposed. Typically, insurers prefer to limit their exposure to a loss from a single event to some small portion of their capital base, on the order of 5 percent. Where the loss can be aggregated, or an individual policy could produce exceptionally large claims, the capital constraint will restrict an insurer’s appetite for additional policyholders. The classic example is earthquake insurance, where the ability of an underwriter to issue a new policy depends on the number and size of the policies that it has already underwritten. Wind insurance in hurricane zones, particularly along coast lines, is another example of this phenomenon. In extreme cases, the aggregation can affect the entire industry, since the combined capital of insurers and re insurers can be small compared to the needs of potential policyholders in areas exposed to aggregation risk. In commercial fire insurance it is possible to find single properties whose total exposed value is well in excess of any individual insurer’s capital constraint. Such properties are generally shared among several insurers, or are insured by a single insurer who syndicates the risk into the reinsurance market
In some sense we can say that insurance appears simultaneously with the appearance of human society. We know of two types of economies in human societies: money economies (with markets, money, financial instruments and so on) and non-money or natural economies (without money, markets, financial instruments and so on). The second type is a more ancient form than the first. In such an economy and community, we can see insurance in the form of people helping each other. For example, if a house burns down, the members of the community help build a new one. Should the same thing happen to one’s neighbour, the other neighbours must help. Otherwise, neighbours will not receive help in the future. This type of insurance has survived to the present day in some countries where modern money economy with its financial instruments is not widespread.
History of Insurance
Turning to insurance in the modern sense (i.e., insurance in a modern money economy, in which insurance is part of the financial sphere), early methods of transferring or distributing risk were practised by Chinese and Babylonian traders as long ago as the 3rd and 2nd millennia BC, respectively. Chinese merchants travelling treacherous river rapids would redistribute their wares across many vessels to limit the loss due to any single vessel’s capsizing. The Babylonians developed a system which was recorded in the famous Code of Hammurabi, c. 1750 BC, and practised by early Mediterranean sailing merchants. If a merchant received a loan to fund his shipment, he would pay the lender an additional sum in exchange for the lender’s guarantee to cancel the loan should the shipment be stolen or lost at sea.
Achaemenian monarchs of Ancient Persia were the first to insure their people and made it official by registering the insuring process in governmental notary offices. The insurance tradition was performed each year in Norouz (beginning of the Iranian New Year); the heads of different ethnic groups as well as others willing to take part, presented gifts to the monarch. The most important gift was presented during a special ceremony. When a gift was worth more than 10,000 Derrik (Achaemenian gold coin) the issue was registered in a special office. This was advantageous to those who presented such special gifts. For others, the presents were fairly assessed by the confidants of the court. Then the assessment was registered in special offices.
The purpose of registering was that whenever the person who presented the gift registered by the court was in trouble, the monarch and the court would help him. Jahez, a historian and writer, writes in one of his books on ancient Iran: “[W]whenever the owner of the present is in trouble or wants to construct a building, set up a feast, have his children married, etc. the one in charge of this in the court would check the registration. If the registered amount exceeded 10,000 Derrik, he or she would receive an amount of twice as much.”
A thousand years later, the inhabitants of Rhodes invented the concept of the ‘general average’. Merchants whose goods were being shipped together would pay a proportionally divided premium which would be used to reimburse any merchant whose goods were jettisoned during storm or sink age.
The Greeks and Romans introduced the origins of health and life insurance c. 600 AD when they organized guilds called “benevolent societies” which cared for the families and paid funeral expenses of members upon death. Guilds in the middle Ages served a similar purpose. The Talmud deals with several aspects of insuring goods. Before insurance was established in the late 17th century, “friendly societies” existed in England, in which people donated amounts of money to a general sum that could be used for emergencies.
Separate insurance contracts (i.e., insurance policies not bundled with loans or other kinds of contracts) were invented in Genoa in the 14th century, as were insurance pools backed by pledges of landed estates. These new insurance contracts allowed insurance to be separated from investment, a separation of roles that first proved useful in marine insurance. Insurance became far more sophisticated in post-Renaissance Europe, and specialized varieties developed.
Some forms of insurance had developed in London by the early decades of the seventeenth century. For example, the will of the English colonist Robert Hayman mentions two “policies of insurance” taken out with the diocesan Chancellor of London, Arthur Duck. Of the value of £100 each, one relates to the safe arrival of Hayman’s ship in Guyana and the other is in regard to “one hundred pounds assured by the said Doctor Arthur Ducke on my life”. Hayman’s will was signed and sealed on 17 November 1628 but not proved until 1633. Toward the end of the seventeenth century, London’s growing importance as a centre for trade increased demand for marine insurance. In the late 1680s, Edward Lloyd opened a coffee house that became a popular haunt of ship owners, merchants, and ships’ captains, and thereby a reliable source of the latest shipping news. It became the meeting place for parties wishing to insure cargoes and ships, and those willing to underwrite such ventures. Today, Lloyd’s of London remains the leading market (note that it is not an insurance company) for marine and other specialist types of insurance, but it works rather differently than the more familiar kinds of insurance.
Insurance as we know it today can be traced to the Great Fire of London, which in 1666 devoured more than 13,000 houses. The devastating effects of the fire converted the development of insurance “from a matter of convenience into one of urgency, a change of opinion reflected in Sir Christopher Wren’s inclusion of a site for ‘the Insurance Office’ in his new plan for London in 1667.” A number of attempted fire insurance schemes came to nothing, but in 1681 Nicholas Barbon, and eleven associates, established England’s first fire insurance company, the ‘Insurance Office for Houses’, at the back of the Royal Exchange. Initially, 5,000 homes were insured by Barbon’s Insurance Office.
The first insurance company in the United States underwrote fire insurance and was formed in Charles Town (modern-day Charleston), South Carolina, in 1732. Benjamin Franklin helped to popularize and make standard the practice of insurance, particularly against fire in the form of perpetual insurance. In 1752, he founded the Philadelphia Contribution ship for the Insurance of Houses from Loss by Fire. Franklin’s company was the first to make contributions toward fire prevention. Not only did his company warn against certain fire hazards, it refused to insure certain buildings where the risk of fire was too great, such as all wooden houses. In the United States, regulation of the insurance industry is highly Balkanized, with primary responsibility assumed by individual state insurance departments. Whereas insurance markets have become centralized nationally and internationally, state insurance commissioners operate individually, though at times in concert through a national insurance commissioners’ organization. In recent years, some have called for a dual state and federal regulatory system (commonly referred to as the Optional federal charter (OFC) for insurance similar to that which oversees state banks and national banks.
Insurance Policy
Written by admin Posted March 14, 2010 at 11:39 am
In insurance, the insurance policy is a contract (generally a standard form contract) between the insurer and the insured, known as the policyholder, which determines the claims which the insurer is legally required to pay. In exchange for payment, known as the premium, the insurer pays for damages to the insured which are caused by covered perils under the policy language. Insurance contracts are designed to meet specific needs and thus have many features not found in many other types of contracts. Since insurance policies are standard forms, they feature boilerplate language which is similar across a wide variety of different types of insurance policies.
Insurance Policy
The insurance policy is generally an integrated contract, meaning that it includes all forms associated with the agreement between the insured and insurer. In some cases, however, supplementary writings such as letters sent after the final agreement can make the insurance policy a non-integrated contract. One insurance textbook states that “courts consider all prior negotiations or agreements … every contractual term in the policy at the time of delivery, as well as those written afterwards as policy riders and endorsements … with both parties’ consent, are part of written policy”. The textbook also states that the policy must refer to all papers which are part of the policy. Oral agreements are subject to the parol evidence rule, and may not be considered part of the policy. Advertising materials and circulars are typically not part of a policy. Oral contracts pending the issuance of a written policy can occur.
General features
The insurance contract is a contract whereby the insurer will pay the insured (the person whom benefits would be paid to, or on the behalf of), if certain defined events occur. Subject to the “fortuity principle”, the event must be uncertain. The uncertainty can be either as to when the event will happen (i.e. in a life insurance policy, the time of the insured’s death is uncertain) or as to if it will happen at all (i.e. in a fire insurance policy, whether or not a fire will occur at all).
Insurance contracts are generally considered contracts of adhesion because the insurer draws up the contract and the insured has little or no ability to make material changes to it. This is interpreted to mean that the insurer bears the burden if there is any ambiguity in any terms of the contract. Insurance policies are sold without the policyholder even seeing a copy of the contract.
Insurance contracts are aleatory in that the amounts exchanged by the insured and insurer are unequal and depend upon uncertain future events.
Insurance contracts are unilateral, meaning that only the insurer makes legally enforceable promises in the contract. The insured is not required to pay the premiums, but the insurer is required to pay the benefits under the contract if the insured has paid the premiums and met certain other basic provisions.
Insurance contracts are governed by the principle of utmost good faith (uberrima fides) which requires both parties of the insurance contact to deal in good faith and in particular it imparts on the insured a duty to disclose all material facts which relate to the risk to be covered. This contrasts with the legal doctrine that covers most other types of contracts, caveat emptor (let the buyer beware). In the United States, the insured can sue an insurer in tort for acting in bad faith.
Structure
Early insurance contracts tended to be written on the basis of every single type of risk (where risks were defined extremely narrowly), and a separate premium was calculated and charged for each. This structure proved unsustainable in the context of the Second Industrial Revolution, in that a typical large manufacturer might have dozens or hundreds of types of risks to insure against.
In the 1930s, the insurance industry shifted to the current system where covered risks are initially defined broadly in an insuring agreement on a general policy form, then narrowed down by subsequent exclusion clauses. If the insured desires coverage for a risk taken out by an exclusion on the standard form, the insured can pay an additional premium for an endorsement to the policy that overrides the exclusion.
Parts of an insurance contract
Declarations – identifies who is an insured, the insured’s address, the insuring company, what risks or property are covered, the policy limits (amount of insurance), any applicable deductibles, the policy period and premium amount. These are usually provided on a form that is filled out by the insurer based on the insured’s application and attached on top of or inserted within the first few pages of the standard policy form.
Definitions – define important terms used in the policy language.
Insuring agreement – describes the covered perils, or risks assumed, or nature of coverage, or makes some reference to the contractual agreement between insurer and insured. It summarizes the major promises of the insurance company, as well as stating what is covered.
Exclusions – take coverage away from the Insuring Agreement by describing property, perils, hazards or losses arising from specific causes which are not covered by the policy.
Conditions – provisions, rules of conduct, duties and obligations required for coverage. If policy conditions are not met, the insurer can deny the claim.
Endorsements – additional forms attached to the policy form that modify it in some way, either unconditionally or upon the existence of some condition. Instead of allowing nonlawyer underwriters to directly customize core policy language with word processors, insurers usually direct underwriters to modify standard forms by attaching endorsements preapproved by counsel for various common modifications.
Life insurance specific features
Incontestability – in the United States, life insurance contracts may not be contested by the insurer at any point after the contract has been in force for two years. The insurer has the burden to investigate fully anything they wish to make sure the insured is an acceptable risk within those two years. Any material misstatements on the insurance application (which generally forms a part of the contract) cannot be used as a reason for the insurer not to pay the death benefit, as long as it does not constitute fraud on the part of the insured. The insurer’s only recourse if there is no fraud is to adjust the death benefit to correct for the insured’s age or sex if they different from what was stated on the application.
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