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Lecture On Insurance Law PDF
Lecture On Insurance Law PDF
Lecture On Insurance Law PDF
INTRODUCTION
risk over a number of persons who are exposed to it and it does not reduce
risk. But it only reduces financial loss to a number of people who take
The principal forms of insurance are life, fire, marine and motor vehicle. The
parties to a contract of insurance are the insurer, who is the person taking
the risk, and agreeing to indemnify or pay a lump sum down on the
happening of a particular event. The insured is the person paying the
premium in order that he may be indemnified or receive payment.
Except in insurance on life, the insurer contracts to indemnify the insured
for what he may actually lose by the happening of certain events upon
which the insurers’ liability is to arise. The insured is not supposed to make
any profit on his loss.
1. Insurer. The party agreed to pay for the loss of the insured
2. Insured: the party who insured his risk of loss with insurer
ii. Right to specify the conditions and benefit under the policy
i. To pay premium
ii. Right to collect the money from the insurance company if the
loss occurred
TYPES OF INSURANCE
2. Non-life insurance
Fire insurance
Marine insurance
Vehicle insurance
Crop insurance
Burglary insurance
FUNCTIONS OF INSURANCE
5. It provides certainty
CHARACTERISTIC OF INSURANCE
1. It is a cooperative device
4. It is not gabling
or if, the event insured against will occur. Nevertheless, the party
the security of being able to transfer any loss that does in fact
be invalid.
first place.
Section 10 of the Law of Contract says a contract to be valid must have the
following elements:-
Legal consideration
Free consent
Legal object
and has to comply with all elements of the law of contract Act.
the limit of the insured specific property against peril and during the stated
period.
follows:-
1. Offer and acceptance. The person who want to take the cover against
a particular peril offers his risk through the proposal form to the
in return for his promise. The premium paid is the consideration given
without any influence in their decision making. The consent must not
5. Legal object. The purpose for which the contract is entered must be
legally lawful. The contract should not be against the public interest.
PRINCIPLES OF INSURANCE
is the duty of the insurer to disclose all relevant fact about the
which are very common to the public, facts which reduce the level of
The insured (proposer) should give all data about the subject matter to
peril and not otherwise. The happening of the insured peril must be
contingent.
This is the principle require that the causes of the loss must be
further after proving the effect of the cause. The law is concerns with
the immediate causes of the insured peril/event and not remote cause
5. Principle of contribution.
Sometime the insured take insurance of policy from more than one
insurance company against one loss and one interest in property. This
is quite legal.
Insurance law say after an insurer has paid a claim to insured person
the loss. In simple subrogation means stepping into the shoes of the
insured and take all the asset/ property for which the claim has been
paid. The insurance company is entitled to recover compensation from
QUESTIONS