Insurance Contract
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An insurance contract consists of two components:

  1. policy application
    • doesn't need to be attached but often is
    • the policy prevails over the application
  2. the policy contract, including
    • attachments at issue
      • e.g., riders
    • amendments after issue
      • e.g., additional riders

Policy illustrations are not part of the insurance contract. In case of discrepancies, the policy contract takes precedence over the policy application.

There are requirements for a valid insurance contract. There is contractual protection for you as the policyowner.

The Parties

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There are two legal parties to an insurance contract

  1. the insurer
    • provides the contract of insurance
  2. the insured (the policyowner)
    • the party protected
    • makes the contract with the insurer

The beneficiary is not a party and neither is the life insured (unless also the policyowner).

Contract Flaws

Flaws may make the insurance contract void or voidable.

Void (Fatal Flaw)

A void contract is invalid from the outset and cannot be corrected. For example, the client commits fraud.

Voidable

A voidable contract can be voided by either party or corrected. The contract remains valid until rescinded or made void ("avoided"). For example

Premiums may not be returned.

PS Network

Market Better
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Spark Insight
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Grasp Risk
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Tame Risk
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