Mindmap
Insurance
Inhalt der Mindmap
Insurance
Types
- Indeminity
- property insurance or short-term insurance.
- Insured recovers only his actual financial loss.
- Cash or replacement determined after event occurs, ltd to loss suffered
- Insured must be have position before insured event restored
- Extent of damage
- Cash or replacement determined after event occurs, ltd to loss suffered
- Right of contribution
- When Insured is covered for same risk by other insurer(s)
- Insured can claim from ONE, and the insurer can require contribution from others
- When Insured is covered for same risk by other insurer(s)
- Right of Subrogation
- Insured cannot claim from insurer and 3rd party
- Insurer has right to sue 3rd party who caused insured loss
- cannot exercise right unless it has settled insured’s claim
- Insurer has right to sue 3rd party who caused insured loss
- Insured cannot claim from insurer and 3rd party
- Insurable interest must be present at time of taking policy AND time of Loss
- Non-Indemnity
- Insurer pays insured or named beneficiary
- a Pre-determined sum upon occurance of insured event (risk)
- Amt not related to risk, not ltd to loss
- Benefits not available for paying debts
- for 5 years from payout
- Benefits and assets Capped at R50000 or as prescribed by minister
- Benefits not available for paying debts
- Amt not related to risk, not ltd to loss
- a Pre-determined sum upon occurance of insured event (risk)
- Insurable interest need only exist at time of policy
- Insurer pays insured or named beneficiary
- Indeminity
Elements
- Insurer: collects premiums from
- Obligation to pay sum of money for valid claim
- Refuse:
- false claim
- Exaggeration, Fabrication, Self inflicted loss
- Insurer failed to honor oblig (warranties)
- Made material misrep / non disclosure in negotiations
- filed claim out of time
- false claim
- Refuse:
- Obligation to pay sum of money for valid claim
- Insured: to protect from loss of
- Insurable Interest
- Risk (event covered): from a specified future event known as the risk or peril
- gives rise to insurers obligation
- Risk and asset should be properly described, circumstances affecting both (conditions)
- gives rise to insurers obligation
- Stands to suffer or lose if risk occurs
- Risk (event covered): from a specified future event known as the risk or peril
- Obligation to pay agreed premium
- Contract provides amt, manner and intervals at which it is to be paid
- Not necessary for 1st premium to be paid before contract is effective
- BUT insurer may not honor claim until its paid or deduct from payout
- Not necessary for 1st premium to be paid before contract is effective
- Contract provides amt, manner and intervals at which it is to be paid
- Insurable Interest
- Insurer: collects premiums from
Insurance=intention of the insured is to protect from financial losses causes by specified uncertain event.
- Wager =parties intend to obtain financial gain from happening of specified uncertain event.
- Not enforceable
- Wager =parties intend to obtain financial gain from happening of specified uncertain event.
Sources of Law
- LongTerm Insurance Act of 1998*.
- Short Term Insurance Act 53 of 1998*
- Common Law and Trade practice
- Short Term Insurance Act 53 of 1998*
- LongTerm Insurance Act of 1998*.
Intermediaries
- Agent
- On behalf of the Insurance co.
- liability to their customers is administrative
- On behalf of the Insurance co.
- Broker
- Obo Insured to secure adequate coverage
- Agent
Duty of Goof Faith and Disclosure in negotiations
- Parties obligated to display good faith and disclose MATERIAL facts
- Breach = Contract voidable at instance of innocent party
- Materiality test = ask reasonable man
- whether the information not disclosed was reasonably relevant to the risk and to the assessment of the premiums. = YES = Material
- Cannot rely on Nondisclosure
- Already known
- Matter of general public knowledge
- Should be aware of in the course of its business
- Expressly/ Implicitly waived the right to be informed
- Should be aware of in the course of its business
- Matter of general public knowledge
- Insurer may be precluded by estoppel from relying on misrepresentation / nondisclosure, after discovering such and it acts in a manner inconsistent with avoiding the contract.
- Already known
- Insurer mus prove materiality of misrepresentation
- Effect:insurer may only set aside contractual obligations if it would not have contracted
- If company would have contracted at a higher premium = insured should increase premiums.
- Effect:insurer may only set aside contractual obligations if it would not have contracted
- e.g Dangerous occupation, extreme sports
- liability of insured would be greater than normally expected
- facts that show insured is likely to cause the risk to materialise through her/his own culpable conduct
- liability of insured would be greater than normally expected
- Effect of non disclosure
- Valid until election. Contract voidable at instance of insurer.
- Cannot rely on Nondisclosure
- whether the information not disclosed was reasonably relevant to the risk and to the assessment of the premiums. = YES = Material
- Materiality test = ask reasonable man
- Breach = Contract voidable at instance of innocent party
- Terminates when contract = concluded
- Disclosure must be made on each renewal
- Parties obligated to display good faith and disclose MATERIAL facts
Contract
- Insured must be informed of right to choose insurer
- Insured attention should be drawn to provisions that limit liability of insure
- Mus be in plain language, clear and comprehensible
- Insured attention should be drawn to provisions that limit liability of insure
- Insurer can cancel/cool of within 30days of receiving policy summary, and no benefits paid
- Insured who entered a contract as a result of direct marketing has a 5 business day cooling of period
- Summary must be sent w.i 60days of conclusion
- Terminated when
- Expiry of agreed period of insurance
- Mutual Agreements
- Cancellation due to breach
- Prescription
- Supervening impossibility of perf. and waiver
- Prescription
- Cancellation due to breach
- Mutual Agreements
- Expiry of agreed period of insurance
- Insured must be informed of right to choose insurer
Informationen
- Beschreibung
- University Business Law 2 Mindmap am Insurance, erstellt von jennysalex am 24/10/2013.
- Erstellt von
- jennysalex
- Aufrufe
- 53
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