An insurance contract consists of two components:
- policy application
- doesn't need to be attached but often is
- the policy prevails over the application
- the policy contract, including
- attachments at issue
- e.g., riders
- amendments after issue
- e.g., additional riders
- attachments at issue
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
There are two legal parties to an insurance contract
- the insurer
- provides the contract of insurance
- 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 The contract remains valid until rescinded or made void ("avoided").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
- misrepresentation
- lack of insurable interest
Premiums may not be returned.