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Thursday, 7/24/2008

Understanding Insurance Contracts

Insurance contracts follow the concept of offer and acceptance. You submit a proposal to the insurance company and that is considered an offer. If the company accepts your offer, that completes the process. The premium is called consideration and forms a contract. There are several principals you should know:

Principle of Indemnity - Protection against loss and/or damages. The insurance company is bound by contract to pay when a covered event occurs. The goal is to help an insured regain financial position. In some indemnity contracts, the amount payable is limited to actual economic loss. Other contracts may limit or not pay at all if the actual loss is less than a certain amount. Auto insurance is a good example. Assume a contract with $1000 deductible. In the event of a claim, you would be responsible for the first $1000 and the insurance company would pay after that. If the loss is equal to or less that $1000, you would have to cover the entire amount.

Insurable Interest - You must have an interest in the object being insured such that you will personally experience a loss if the covered event occurs. For example, if you live in someone else's house and apply for homeowners’ insurance, the insurance company will reject the application because you are not the property owner and cannot suffer a financial loss if the structure is damaged. This is the idea behind renter's insurance. You can have your personal items covered - as well as liability for the injury of others - without having to insure the dwelling. If the building were to burn down, you would be compensated for your covered items and the property owner would have to file a claim with his/her insurance company to have the building restored.

Principle of Subrogation - Allows the insurance company to pursue legal actions against a third party to recover the amount of loss paid for a claim. For example, if you are injured in an auto accident due to the reckless driving of someone else, the insurance company will compensate your loss and also sue the third party to recover the money paid in the claim.

Doctrine of Utmost Good Faith - Both 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.

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