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1、The insurance Policy培训专用Chapter Outlinen nFundamentals of Contract LawType of ContractType of ContractGeneral Requirement for a ContractGeneral Requirement for a Contractn nThe Policy as PropertyRight To Use and Enjoy PropertyRight To Use and Enjoy PropertyRight to Dispose of PropertyRight to Dispos
2、e of Property 培训专用Fundamentals of Contract Lawn nA contract is a legally enforceable agreement between two or more parties.n nThe two parties to an individual life an health insurance contract are insurance companies that issued the policy and the individual who purchased the policy.培训专用Type of Cont
3、ractn nFormal contracts and informal contractsn nBilateral contracts and unilateral contractsn nCommutative contracts and aleatory contractsn nBargaining contracts and contracts of adhesion培训专用Formal and informal Contractsn nA formal contract is one that is enforceable is one that is enforceable bec
4、ause the parties to the contract met certain because the parties to the contract met certain formalities concerning the form of the formalities concerning the form of the agreement.agreement.n nAn informal contract is a contract that is is a contract that is enforceable because the parties to the co
5、ntract enforceable because the parties to the contract met requirements concerning the substance of the met requirements concerning the substance of the agreement rather than requirement concerning the agreement rather than requirement concerning the form of the agreement form of the agreement 培训专用F
6、ormal and informal Contractsn nIn theory,life and health insurance contracts,as informal contracts,could be made in either written or oral form.n nBut in some countries,insurance contracts are required to express in written form.培训专用Formal and informal Contractsn n第十三条第十三条第十三条第十三条投保人提出保险要求，经保险人同意承保，
7、投保人提出保险要求，经保险人同意承保，并就合同的条款达成协议，保险合同成立。保险人应并就合同的条款达成协议，保险合同成立。保险人应当及时向投保人签发保险单或者其他保险凭证，并在当及时向投保人签发保险单或者其他保险凭证，并在保险单或者其他保险凭证中载明当事人双方约定的合保险单或者其他保险凭证中载明当事人双方约定的合同内容。同内容。n n经投保人和保险人协商同意，也可以采取前款规定以外的其他书面协议形式订立保险合同。培训专用Formal and informal Contractsn nCan a person enter into a valid life insurance contract
8、on the Internet?培训专用Bilateral and Unilateral Contracts n nBilateral contract a contract between two parties who both make legally enforceable promises when they enter into the contract.n nUnilateral contract a contract between two parties only one of them makes legally enforceable promises when ente
9、ring into the contract.培训专用Bilateral and Unilateral Contractsn nLife and health insurance policies are unilateral contracts.n nThe insurance promise to provide coverage in return for a stated premium.n nThe purchase of the policy does not promise to pay the premiums and cannot be compelled by law to
10、 pay the premiums.培训专用Commutative and Aleatory Contractsn nCommutative contractCommutative contract an agreement under an agreement under which the parties specify in advance the values which the parties specify in advance the values that will be exchange,moreover,the parties that will be exchange,m
11、oreover,the parties generally exchange items or services that they generally exchange items or services that they are of relatively equal value.are of relatively equal value.n nAleatory contractAleatory contract an agreement under which one party provides something of value to another party in excha
12、nge for a conditional promise.培训专用Commutative and Aleatory Contractsn nA conditional promise is a promise to perform a stated act if a specified,uncertain event occurs.n nLife and health insurance policies are aleatory contracts.培训专用Bargaining Contracts and Contract of Adhesionn nBargaining contract
13、 a contract that is creates by both contracting parties who,as equals,set the terms and conditions of the contract.n nContract of adhesion a contract that one contracting party prepares and that the other contracting party must accept or reject as a whole,without any bargaining between the parties.培
14、训专用Bargaining Contracts and Contract of Adhesionn nIndividual life and health insurance policies are contracts of adhesion.n nIf any policy provision is ambiguous,the courts usually interpret that provision in whatever manner would be most favorable to the policyowner or the beneficiary.培训专用培训专用Gene
15、ral Requirement for a Contractn nValid contract a contract that is enforceable at law.n nVoid contract a contract that was never enforceable at law.n nVoidable contract a contract in which a party has the right to avoid her obligations under the contract without incurring legal liability.培训专用Four re
16、quirement of a valid informal contractn nThe parties to the contract must be manifest their The parties to the contract must be manifest their mutual assent to the term of the contracts.mutual assent to the term of the contracts.n nThe parties to the contract must have contractual capacity.n nThe pa
17、rties to the contract must exchange legally adequate consideration.n nThe contract must be for a lawful purpose.培训专用Mutual Assentn nMutual assent is met when the parties reach a meeting of minds about the terms of their agreement.培训专用Contractual Capacityn nContractual capacity each party must have t
18、he legal capacity to make a contract.n nContractual capacity of individualsn nContractual capacity of organizations培训专用Contractual capacity of individualsn nThe majority of people who have limited contractual capacity are:n nminorsn nlack mental capacity 培训专用Minors n nGenerally,contracts entered int
19、o by a minor are voildable by the minor.n nThe insurance company have to return the premium the minor had paid on the policy.培训专用Lack mental capacityn nA persons lack of mental capacity may affect his contractual capacity in two situations.n nA court declares the person to be insane or mentally inco
20、mpetent.n nThe persons mental competent is impaired as a result of being drunk,drugged,or insane.培训专用Lack mental capacityn nA contract entered into by a person who has been declared insane or incompetent is usually void.n nContract entered into by someone whose mental competence is impaired are gene
21、rally voidable.培训专用Contractual Capacity of Organizationn nA company that is not licensed or authorized to do business as a insurance company does not have the legal capacity to make a insurance contract.n nThe legal effect of such a contract depends on the laws of the particular jurisdiction.培训专用Leg
22、ally Adequate Considerationn nConsideration each party must give or promise something that will be of value to the other party.n nThe parties to the contract must exchange consideration.n nIn addtion,the consideration exchange must be legally adequate.培训专用Legally Adequate Considerationn nIf the inti
23、al premium is not paid,then no contract has been formed because the applicant has not provided the required consideration.n nRenewal premiums,which are premiums payable after the initial premium,are a condition for continuance of the policy and are not consideration for the policy.培训专用Legally Adequa
24、te Considerationn nThe application and the initial premium are given by the policyowner as consideration for a life or health insurance contract.This consideration is given in return for the insurers promise to pay the benefit if the conditions stated in the policy occur.培训专用Lawful purposen nNo cont
25、ract can be made for a purpose that is illegal or against the public interest.n nThe requirement of lawful purpose in the making of an individual life or health insurance contract is fulfilled by the presence of insurance interest.培训专用The policy as Property n nInsurance policies are a type of proper
26、ty.Insurance policies are a type of property.n nAn insurance policy is a intangible personal An insurance policy is a intangible personal property,it represents intangible legal rights that property,it represents intangible legal rights that have value and can be enforced by the court.have value and
27、 can be enforced by the court.n nThe owner of an insurance policy holds these The owner of an insurance policy holds these ownership right in an insurance policy.ownership right in an insurance policy.培训专用Right to use and enjoy propertyn nThe owner of a life insurance policy has a right to name the
28、policy beneficiary,to change the beneficiary designation at any time while the policy is in force.培训专用Right to dispose of propertyn nThe policyowner may transfer ownership of the policy by making a gift of the policy to someone else.培训专用questionn nDistinguish the type of Distinguish the type of cont
29、ractscontractsn ndefine valid,void,and define valid,void,and voidable contractsvoidable contractsn nIdentify the four Identify the four requirement for a requirement for a contractcontractn nidentify the property rights identify the property rights that a policyowner has in the that a policyowner ha
30、s in the insurance policy he owns insurance policy he owns 培训专用谢谢观看/欢迎下载BY FAITH I MEAN A VISION OF GOOD ONE CHERISHES AND THE ENTHUSIASM THAT PUSHES ONE TO SEEK ITS FULFILLMENT REGARDLESS OF OBSTACLES.BY FAITH I BY FAITH培训专用内容总结The insurance Policy。The insurance Policy。Type of Contract。Lack mental capacity。Legally Adequate Consideration。define valid,void,and voidable contracts。谢谢观看/欢迎下载培训专用