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Decoding Key Terms in Your Insurance Policy

Written by Johanna Bravo | Apr 4, 2024 12:08:56 PM

Let's simplify without losing the important details.

Firstly, we all need various types of insurance—home, auto, and life insurance. Homeowner's insurance is a standard go-to if you own a home, while auto insurance covers your car, and life insurance protects you and your loved ones during tough times.

 

Now, when you receive that policy document from your insurer, don't let it gather dust—give it a read! Your insurance advisor is there to help with tricky terms, but it's good to know the basics. In this article, we'll break down your insurance contract into simple terms so you can grasp the essential principles and how they apply to your daily life.

 

Insurance Contract Essentials:

 

Let's dive into what you'll find in your insurance contract:

  • Offer and Acceptance: When applying for insurance, you fill out a form from a specific insurance company. Send it to them—that's your offer. If they agree to insure you, that's acceptance. Sometimes, they might tweak your offer a bit.
  • Consideration: This is the money you pay, aka premiums. For insurers, it's also the cash they give you if you file an insurance claim. It's a two-way street—both parties bring something valuable.
  • Legal Capacity: You need to be legally able to make agreements. Minors or those not mentally fit might not qualify. Insurers also need to be legit, following all the rules.
  • Legal Purpose: If your insurance plan is up to no good (encouraging illegal stuff), it's a no-go.

 

Contract Values:

 

This section talks about what the insurance company may pay you for a claim and what you might pay to the insurer for a deductible. How it's structured often depends on whether you have an indemnity or non-indemnity policy.

 

Indemnity Contracts:

 

These are common and cover losses you can put a price on, like your stolen car. The idea here is simple: insurers pay for the actual loss suffered. They aim to leave you in the same financial position you were in before the incident leading to an insurance claim. So, if your old car gets stolen, don't expect a brand-new replacement.

 

Now, a couple more things to watch out for in your contract:

  • Under-Insurance: To save on premiums, you might insure your house at $80,000 when it's worth $100,000. If there's a partial loss, your insurer pays a proportion of $80,000, and you dig into your savings for the rest. Avoid under-insurance!
  • Excess: Insurers use excess to avoid small claims. If your auto insurance has an excess of $5,000 and your car has a $7,000 accident, they'll pay you $7,000 because it exceeded the $5,000 limit. But if the loss is $3,000, the insurer won't pay a penny, and you cover the loss yourself. In short, insurers only entertain claims that exceed a minimum amount they set.
  • Deductible: This is what you pay before your insurer covers the rest. Higher deductibles mean lower premiums.

 

Non-Indemnity Contracts:

 

Think life insurance. You set an amount, but it's not a price tag on your life's worth. These contracts get into the nitty-gritty with declarations, terms, and definitions.

Now, onto something important: Insurable Interest. You can't insure something you don't stand to lose money or face legal trouble for. Like, you can't insure your uncle's house just because you might inherit it. Insurers won't buy it.

 

Principle of Subrogation:

 

If someone else causes your loss, your insurer can sue them to get back the money they paid you. So, they've got your back.

Now, let's talk about being good to each other.

 

Doctrine of Good Faith:

 

When applying for insurance, spill the beans truthfully. Your duty is to disclose everything relevant. For instance, in life insurance, if you smoke, own up to it. Don't hide facts, and the insurer shouldn't hide coverage details.

  • Duty of Disclosure: Tell the insurer everything that might affect their decision. Smoking, past claims, other policies—it's all fair game. Be honest!
  • Representations and Warranty: When you sign up, you're saying everything is true and complete. Representations are what you write on your application form, like your age on a life insurance form. Messing these up might void the contract.

Two types of non-disclosure:

  • Innocent: You didn't know, like not disclosing your grandpa's cancer history.
  • Deliberate: You knew but hid the info. Fraud alert! If caught during a claim, no payout.

 

Some policy extras:

 

Doctrine of Adhesion: You gotta accept the whole contract without bargaining. Ambiguities? Interpreted in your favor.

Principle of Waiver and Estoppel: If the insurer issues a policy without info and then doesn't ask for it later, they can't use it against you in a claim. Essentially, they can't change their minds.

Endorsements: Changes to the contract terms, like adding conditions.

Co-insurance: Sometimes, risk is shared between insurers. For instance, in medical insurance, you and the insurer might split covered costs, like 80% paid by them and 20% by you.

Reinsurance: If one insurer can't handle all the risk, they might share it with another. This happens more with general insurers than life insurers.

 

The Bottom Line:

 

When you're shopping for insurance, you'll come across a bunch of options. If you have an advisor or broker, they can help you find the right coverage. Still, understanding some basics about insurance contracts is like having a secret weapon. Sometimes, not paying attention to certain details can lead to claim cancellations, costing you a lot. Don't just sign on the dotted line—read through your insurer's policy features. Understanding what you're getting into ensures that the insurance you're signing up for will have your back when you need it most.