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elements of a contract
agreement, consideration, competent parties, legal purpose
acceptance
when an insurers underwriter approves the app and issues a policy
consideration
something of value that each party gives to the other
insurers consideration
promise to pay for losses
insured consideration
payment of premium and statements on the app
parties of a contract
must be capable of entering into a contract in the eyes of the law. be of legal age, mentally competent, and not under drugs or alcohol
to ensure legal purpose of a policy
insurable interest and consent
insurable interest
required at the time of policy issuance
warranty
absolutely true statement upon which the validity of the insurance policy depends
representations
statements believed to be true to the best of ones knowledge, but they are not guaranteed to be true
misrepresentations
untrue statements on the app and could void the contract
material misrepresentation
statement that, if discovered, would alter the underwriting decision of the insurance company
representations are:
statements believed to be true
conditional contract
requires that certain conditions must be met by the policy owner and the company in order for the contract to. be executed and before each party fulfills its obligations
unilateral contract
only one of the parties to the contract is legally bound to do anything. insured makes no legally binding promises, but an insurer is legally bound to pay losses by a policy in force c
contract of adhesion
is prepared by one of the parties (insurer) and accepted/rejected by the other party (insured).
aleatory
an exchange of unequal amounts or values
notice to the applicant
must be issued to all applicants for health insurance coverage. informs applicant that a credit report will be ordered
it is the agents responsibility to make sure that an application for insurance is ____ and ___ to the best knowledge of the applicant
complete, accurate
signatures
proposed insured, policyowner, and agent
ways to correct an app
start over or draw a line through the incorrect answer and insert correct one
any changes on the app must be ___
initialed by the applicant or insured
a ____ is collected for a health insurance policy and sent to the insurer with the app
initial premium
when a premium did not accompany the app for insurance, upon delivery, the agent must collect the premium and obtain a _____ from the applicant before releasing the policy
statement of good health
attending physician report (APS)
to be sent to applicants dr if necessary. best source for accurate info on the apps medical history
medical exam report
when required, are conducted by a physician or paramedics at insurance companies expense. not usually required but more common with life insurance
medical info and consumer reports
policies with higher amounts of coverage/app raising questions concerning health, underwriter may require thispa
MIB Group
membership corp owned by member insurance companies. non profit. collects, maintains, and makes avilable
insurers cannot refuse coverage solely on the bases of adverse info on an ___
MIB report
fair credit reporting act
establishes procedures that consumer-reporting agencies must follow in order to ensure that records are confidential, accurate, relevant, and properly used
consumer reports
include written and/or oral info regarding a consumers credit, character, reputation, or habits collected by a reporting agency from employment records, credit records, and more
investigative consumer reports
provide info on the consumers character, reputation and habits. cannot be made unless consumer is advised in writing about the report within 3 days of the date the report was requested
insurance applicants must be notified ____ whenever insurers request investigative consumer reports
in writing
HIPPA
protected info includes all “individually identifiable health info”
Protected health info
protected info includes all “individually identifiable health info” held or transmitted by a covered entity or its business associate in any form or media, whether electronic, paper, or oral
once the delivery of a policy is made….
the free-look period begins
if a policy is issued with any changed or amendments ….
the agent is required to explain these changes and obtain the insured signature acknowledging receipt of these amendments
there cannot be any ___ between the existing coverage and replacement coverage
coverage gap
pre-existing condition
a medical condition for which the insured sought medical advice or treatment within a specific period of time prior to the policy issue conditions covered under the current policy may not be covered under the new policy due to pre existing conditions