Elements of an Insurance Contract
Insurance is a device that is meant to mitigate or minimize risks. An insurance contract is made up of its different elements.
To make the insurance contract valid, a number of its components need to be included. Let’s mention the 14 main elements of insurance contracts.
Offer and Acceptance
The main element of an insurance contract is the offer and acceptance i.e. agreement.
An insurance contract is formed when an offer is made by the insured (person seeking insurance coverage) and accepted by the insurer (insurance company).
The offer is the proposal for insurance coverage, while the acceptance is the agreement of the insurer to provide that coverage.
Two Parties
In every insurance contract there needs to have at least two parties one is called the insurer i.e. insurance company and another is called the insured, which may be a person as well as a business.
Insurance can not be done alone, for this, there must be one party to offer and another to accept. There must be two parties who are ready to get the contract.
Also Read: The 2 Concepts of Insurance – Functional and Contractual Concept
Competent Parties
Competent parties refer to individuals or entities i.e. businesses that are legally capable of entering into a contract.
In an insurance contract, both the insured and insurer must have the legal capacity to enter into a binding agreement.
This means that they must be of legal age and have the mental capacity to understand the terms and consequences of the contract.
Consideration
Consideration in an insurance contract refers to the premium paid by the insured in exchange for the promise of coverage by the insurer.
It is the value that each party gives and receives in the contract. The premium is the consideration paid by the insured, while the promise of coverage is the consideration provided by the insurer.
Free Consent
Free consent in an insurance contract refers to the principle that both parties must enter into the contract willingly and without any undue influence, fraud, misrepresentation, or mistake.
This means that the insured must understand the terms and consequences of the contract and must not be coerced into signing it. If there is any coercion, misrepresentation, or mistake, the insurance contract may be voidable.
Insurable Interest
Insurable interest in an insurance contract refers to the legal or financial interest that the insured has in the subject matter of the insurance policy.
It means that the insured must have a potential financial loss if the event insured against occurs. This interest must exist at the time the contract is formed and throughout the policy period.
Utmost Good Faith
Good faith is one of the most essential elements of insurance contract. Utmost good faith in an insurance contract means that both parties are expected to provide all relevant information about the subject matter of the insurance policy to each other.
This includes any material facts that could affect the insurer’s decision to offer coverage or the terms of the policy. The component of insurance requires honesty, fairness, and transparency from both parties.
Legal
The legal component in an insurance contract refers to the requirement that the contract must be formed in accordance with the laws and regulations of the jurisdiction where it is being formed.
The terms of the contract must be legal and enforceable, and any disputes that arise must be resolved through the legal system.
Indemnity
The indemnity component in an insurance contract means that the insured is entitled to be compensated for the actual financial loss suffered due to an insured event, up to the limit of the policy.
The purpose is to restore the insured to the same financial position they were in prior to the loss, without making a profit.
Materials Facts
Material facts are information that could influence an insurer’s decision to provide coverage or not. When applying for life insurance, relevant material facts include the insured’s age, height, weight, health, and occupation.
For car insurance, the insurer needs to know the insured’s age, driving record, and details about the vehicle being insured.
These factors help the insurer determine the risk level and appropriate premium to charge. Failure to disclose material facts could result in denied coverage or a voided contract.
Subrogation
Subrogation is one of the important elements of an insurance contract means that the insurer has the right to step into the shoes of the insured and seek compensation from a third party who is responsible for causing the loss.
This allows the insurer to recover some or all of the money paid to the insured.
Limitations
The limitations component of an insurance policy refers to the specific terms and conditions that restrict or limit the scope of coverage provided by the policy.
These limitations can include exclusions, deductibles, and limits on the amount of coverage. It is important for the insured to understand these limitations before signing the contract.
Warranties
The warranties component of an insurance contract refers to specific promises made by the insured to the insurer about the subject matter of the policy.
These promises are legally binding and if they are breached, it can result in the contract being voided. It is important for the insured to fully understand and comply with any warranties in the policy.
Return on Premium
The last component in our list of 14 main elements of an insurance contract is the return on premium.
The return of premium component of an insurance contract refers to the provision that allows the insured to receive a refund of some or all of the premiums paid if certain conditions are met. These conditions can include the insured remaining claim-free for a specified period or canceling the policy before the end of the policy term.