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CPCU 530 - Chapter 5
Vocab
26
Law
Professional
03/09/2009

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Term
Insurance policy
Definition
A formal written contract by which an insurer provides protection if an insured suffers specified losses
Term
Conditional contract
Definition
A contract that one or more parties must perform only under certain conditions
Term
Utmost good faith
Definition
An obligation to act in complete honesty and to disclose all relevant facts
Term
Material fact
Definition
In insurance, a fact that would affect the insurer's decision to provide or maintain insurance or to settle a claim
Term
Misrepresentation
Definition
A false statement of a material fact on which a party relies
Term
Contract of adhesion
Definition
A contract to which one party must adhere as written by the other party
Term
Contract of indemnity
Definition
A contract in which the insurer agres, in the event of a covered loss, to pay an amount directly related to the amount of the loss
Term
Principle of indemnity
Definition
The principle that insurance policies should compensate the insured only for the value of a loss but should not provide a benefit greater than the loss
Term
Valued policy
Definition
A policy in which the insurer pays a stated amount in the event of a specified loss (usually a total loss) regardless of the actual value of the loss
Term
Binder
Definition
An oral or written agreement to provide temporary insurance coverage until a formal written policy is issued
Term
Conditional receipt
Definition
A premium receipt used by life insurers and accident and health insurers that is not intended to provide immediate coverage but that may provide coverage back to the date of receipt under certain conditions
Term
Binding receipt
Definition
A conditional receipt that provides coverage on the date of receipt until a specified time or until the insurer disapproves the application
Term
Approval receipt
Definition
A conditional receipt that reflects the insurer's intention not to be bound by the receipt until the application is approved
Term
Insurability receipt
Definition
A life insurance or accident and health insurance conditional receipt that stipulates that the insurance is effective on the date of the receipt or on the date of the medical examination, provided the applicant is insurable on that date
Term
Direct-action statute
Definition
A law that permits a negligence victim to sue an insurer directly or to sue both the insurer and wrongdoer jointly
Term
Incontestable clause
Definition
An agreement included in an insurance policy that the insurer will not contest the policy after it has been in force for a specified period
Term
Contestable period
Definition
A period during which an insurer can challenge the validity of a life insurance policy
Term
Warranty
Definition
A written or oral statement in a contract that certain facts are true
Term
Affirmative warranty
Definition
A guarantee that specific facts exist at the time a contract forms
Term
Continuing, or promissory, warranty
Definition
A guarantee that parties to a contract will do certain things or that certain conditions will continue to exist during the term of a contract
Term
Implied warranty
Definition
An obligation that the courts impose on a seller to warrant certain facts about a product even through not expressly stated by the seller
Term
Waiver
Definition
The intentional relinquishment of a known right
Term
Estoppel
Definition
A legal principle that prohibits a party from asserting a claim or right that is inconsistent with that party's past statement or conduct on which another party has deterimentally relied
Term
Election
Definition
The volutary act of choosing between two alternative rights or privileges
Term
Nonwaiver agreement
Definition
A written contract in which the insured and the insurer agree that neither will waive any rights under the policy as a result of the investigation or defense of a lawsuit against the insured
Term
Reservation of rights letter
Definition
A notice sent by an insurer advising the insured that the insurer is proceeding with a claim investigation but that the insurer retains the right to deny coverage later
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