ch. 3 legal concepts

An insurance contract may be voided if a misrepresentation found on the application is determined to be

material

Greg applies for insurance and makes a false statement on the application that will influence whether or not the insurer will accept the risk. Greg's false statement is called a(n)

material misrepresentation

An agent whose actions exceed the authority granted by contract is

not backed by the insurer

Which element of a contract constitutes a definite and unqualified proposal by one party to another?

offer

Statements made by an insured on an accident and health insurance application are considered to be

representations

Which of the following would NOT have a restricted ability to enter into a contract?

small employer

Under the Law of Agency, the principal is considered to be

the insurer

An arrangement where an individual is authorized to act on behalf of another person or company is established through

the law of agency

Which situation would not require the insured's consent when a life insurance policy is issued?

A policy is purchased by a parent for a minor child

What qualifies as acceptance of an insurance contract offer?

An issued policy

Use of XYZ Insurance Company brochures, business cards, and rating guides is an example of

Apparent authority

Which of these is true regarding the exchange of consideration among parties involved in an insurance contract?

Can be unequal

An insurance application requires an applicant to make a full, accurate disclosure of the risk factor involved. Using this criteria, an insurance policy is considered what type of contract?

Contract of utmost good faith

An agreement is reached when an insurance contract is formed. Which of the following is NOT considered to be an element of an agreement?

Equity

When must insurable interest exist for a life insurance contract to be valid?

Inception of the contract

What happens when an initial offer is answered with a counteroffer?

Initial offer is void

In what way are insurance policies said to be aleatory?

Involves the potential for the unequal exchange of value

Which of these do NOT indicate the presence of insurable interest in a life insurance contract?

Lifelong friendship

Which of the following situations would an insurance agent need to guard against liability for professional errors and omissions?

Making a recommendation to a potential insured to replace existing coverage

Insurable interest involves what assumption?

One person benefits from another person's continued life

All of these statements correctly describe an aleatory contract EXCEPT

Only one party makes any kind of legally enforceable offer

Ambiguities in insurance contracts are typically interpreted in favor of the insured. This rule is referred to as

Reasonable expectations

An insured is entitled to coverage under a policy that a prudent person would expect it to provide. This principle is called

Reasonable expectations

What is the insurer responsible for when a producer is acting within the scope of authority granted in the agency contract?

Responsible for acts by the producer that are authority only

A contract is considered void in all of the following situations EXCEPT

When consideration is unequal

A producer working for an insurance company may be personally liable for

acts performed which are prohibited in the agency contract

Voluntarily terminating an insurance policy is also known as

cancellation

The insurer's obligation to pay a claim depends on whether the insured or beneficiary has complied with all policy conditions. This makes the policy a(n)

conditional contract

The payment of the first premium, the promise to pay a covered loss, and the agreement to abide by policy conditions are all examples of

consideration

The courts will normally interpret a policy in favor of the insured when the meaning of the policy is not clear. This is because an insurance policy is a(n)

contract of adhesion

Christopher is issued an insurance policy that contains an attached agreement which alters the terms of the policy. This attached agreement is called a(n)

endorsement

The powers directly given to a producer in an agency contract are called

express

An appointed producer's implied authority is derived from

express authority

The unwritten authority given to a producer to carry out necessary incidental acts of the agency agreement is called

implied authority

XYZ Insurance Company gives direct authority to its producers to sell insurance through an agency contract, but nothing is stated regarding the collection of premiums. Which authority grants the producer the right to collect premiums?

implied authority

Which of the following relationships demonstrates insurable interest in the absence of economic interest?

marriage partners

An insurance company's failure to enforce a contract's provision is called a(n)

waiver

Giving up a known right on a voluntary basis is called a(n)

waiver

During the application process, a statement made by an applicant that becomes part of the contract is considered to be a(n)

warranty

An insurance company can be liable for a producer's unauthorized acts

when the agency contract is unclear concerning the authority given

The following are all elements of a valid contract EXCEPT

written evidence