This document summarizes the key elements of a contract of insurance according to California civil code and jurisprudence. It defines a contract of insurance as a risk distributing device where clients' premiums absorb losses dependent on events. It also outlines the characteristics of such contracts as indemnifying only actual losses, being personal based on character and conduct, consensual requiring only consent, requiring utmost good faith, being unilateral, being adhesion contracts prepared by insurers, and being conditional. It distinguishes the roles of the insured who has an insurable interest in the subject of risk of loss, and the insurer who assumes the risk as part of distributing it. Insurance is defined as reimbursement of actual loss.
This document summarizes the key elements of a contract of insurance according to California civil code and jurisprudence. It defines a contract of insurance as a risk distributing device where clients' premiums absorb losses dependent on events. It also outlines the characteristics of such contracts as indemnifying only actual losses, being personal based on character and conduct, consensual requiring only consent, requiring utmost good faith, being unilateral, being adhesion contracts prepared by insurers, and being conditional. It distinguishes the roles of the insured who has an insurable interest in the subject of risk of loss, and the insurer who assumes the risk as part of distributing it. Insurance is defined as reimbursement of actual loss.
This document summarizes the key elements of a contract of insurance according to California civil code and jurisprudence. It defines a contract of insurance as a risk distributing device where clients' premiums absorb losses dependent on events. It also outlines the characteristics of such contracts as indemnifying only actual losses, being personal based on character and conduct, consensual requiring only consent, requiring utmost good faith, being unilateral, being adhesion contracts prepared by insurers, and being conditional. It distinguishes the roles of the insured who has an insurable interest in the subject of risk of loss, and the insurer who assumes the risk as part of distributing it. Insurance is defined as reimbursement of actual loss.
-MEMORIZED Definition of Contract of Insurance -Characteristics (RAIP-CUCAC) R-Risk distributing device: Clients of insurer premium absorb loss A-Aleatory: dependent on event I-Indemnify: pay actual loss only P-Personal: factored by character, credit, conduct C-Consensual: perfected by mere consent U-Utmost Good Faith C-Unilateral A-Adhesion: insurer prepares contract C-Conditional -Insured= insurable interest subject of risk of loss -Insurer= assumes risk which is part of risk distribution scheme -Insurance= reimbursement of actual loss -Wagering Contract: game of chance(sale of chances) -Suretyship: surety