The insurance contract is one for which the insurer (the insurer) undertakes, by charging a premium and if the event occurs whose risk is hedged, to compensate, within the limits agreed the damage to the insured or meet capital, income or other benefits agreed.
We recommend reading the entry The insurance contract, you have to know (I), before continuing .
Personal elements of an insurance contract
in any insurance contract be involved persons (natural or legal):
-Asegurador:
The insurer or insurance company is the (legal) person who assumes the obligation to pay compensation when the insured event can occur,
-Tomador insurance:
The policyholder is the person who contracts with the insurer. The policyholder acts in his own name, but is different from the insured.
That is, the policyholder can hire it on their own (for the insured) or others (for another is secured).
-Asegurado:
The insured is the holder of the insured interest.
-Beneficiario:
The beneficiary is the person who receives compensation if the insured event occurs.
The beneficiary is the person who will receive the value of insurance when the event occurs contemplated therein (without being insured).
It is one who bears the benefits of the agreed policy, by the express will of the policyholder.
The beneficiary designation is given, usually in personal insurance, especially the life and accident insurance for the case of death of the insured manner.
Article 84 of the Insurance Law * Contract states literally that the policyholder may designate a beneficiary or change the beneficiary may designate or change the designation previously made without the consent of the insurer.
Thus it is clear that the power to set and revoke beneficiaries is in the hand of the policyholder. The insured does not have any right or provision on the matter, even to approve or reject the beneficiary that the policyholder has chosen.
formal elements of an insurance contract
-Application and insurance proposal:
This is preliminary documents to the formalization of the policy and have a totally different treatment.
-The insurance application is the document by which a subject requesting to know which conditions they would hire a safe in the future are. It is a request for information which does not bind anyone, neither the applicant nor to the recipient.
-The insurance proposal is a contract offer that makes the insurer or any employee of the insurer (for example, an insurance agent).
This proposal does have some legal consequences and that the insurer is bound by its offer for 15 days, during which the proposed risk is covered.
any application for insurance that has been filled out by an insurer or insurance agent, when a sealed understood that it is given an initial approval copy is delivered to the applicant equates to the proposal.
-The insurance policy or contract of insurance:
The policy is a document that must collect a minimum content required by law * being subjected to ensuring that the general conditions included therein are not unfair to the underwriter of the policy (Contracting ).
The policy is a contract governed by the idea of good faith (bona fide maximum) to be predicated on both sides: by the insurer to the effect that the clauses that offers should be clear and not abusive; and on the other hand, because the contractor has a duty to report certain risks that fall on him and that may affect the coverage provided.
In this regard, the law does not require the applicant to declare all risks but only requires you to answer the questionnaire offered. Thus, the insured is exempt (free) from any responsibility for aspects not included in the questionnaire, or if you do not have any questionnaire.
Obligations of the parties
by the insurer:
-Give risk coverage.
By the contractor:
-Pay premium,
-Communicate the insurer the claim within a short time and,
-Use the means at its disposal to mitigate the consequences of the accident.
The insurer's obligation to indemnify is an important element in the insurance contract because it represents the cause of the obligation assumed by the policyholder to pay the premium, as it is obliged to pay the premium because it wants the insurer assumes the risk and comply with pay compensation if the accident occurs.
This obligation depends on the realization of the risk insured. This is nothing but a consequence of the duty of the insurer to assume the risk insurable. And although the loss can not occur, it does not lack the essential element of insurance that concerns us, because this is configured with risk-taking that makes the insurer to conclude the contract, which was due the indemnity provision only if the accident occurred.
We recommend reading the entry The insurance contract, you have to know (I), before continuing .
Personal elements of an insurance contract
in any insurance contract be involved persons (natural or legal):
-Asegurador:
The insurer or insurance company is the (legal) person who assumes the obligation to pay compensation when the insured event can occur,
-Tomador insurance:
The policyholder is the person who contracts with the insurer. The policyholder acts in his own name, but is different from the insured.
That is, the policyholder can hire it on their own (for the insured) or others (for another is secured).
-Asegurado:
The insured is the holder of the insured interest.
-Beneficiario:
The beneficiary is the person who receives compensation if the insured event occurs.
The beneficiary is the person who will receive the value of insurance when the event occurs contemplated therein (without being insured).
It is one who bears the benefits of the agreed policy, by the express will of the policyholder.
The beneficiary designation is given, usually in personal insurance, especially the life and accident insurance for the case of death of the insured manner.
Article 84 of the Insurance Law * Contract states literally that the policyholder may designate a beneficiary or change the beneficiary may designate or change the designation previously made without the consent of the insurer.
Thus it is clear that the power to set and revoke beneficiaries is in the hand of the policyholder. The insured does not have any right or provision on the matter, even to approve or reject the beneficiary that the policyholder has chosen.
formal elements of an insurance contract
-Application and insurance proposal:
This is preliminary documents to the formalization of the policy and have a totally different treatment.
-The insurance application is the document by which a subject requesting to know which conditions they would hire a safe in the future are. It is a request for information which does not bind anyone, neither the applicant nor to the recipient.
-The insurance proposal is a contract offer that makes the insurer or any employee of the insurer (for example, an insurance agent).
This proposal does have some legal consequences and that the insurer is bound by its offer for 15 days, during which the proposed risk is covered.
any application for insurance that has been filled out by an insurer or insurance agent, when a sealed understood that it is given an initial approval copy is delivered to the applicant equates to the proposal.
-The insurance policy or contract of insurance:
The policy is a document that must collect a minimum content required by law * being subjected to ensuring that the general conditions included therein are not unfair to the underwriter of the policy (Contracting ).
The policy is a contract governed by the idea of good faith (bona fide maximum) to be predicated on both sides: by the insurer to the effect that the clauses that offers should be clear and not abusive; and on the other hand, because the contractor has a duty to report certain risks that fall on him and that may affect the coverage provided.
In this regard, the law does not require the applicant to declare all risks but only requires you to answer the questionnaire offered. Thus, the insured is exempt (free) from any responsibility for aspects not included in the questionnaire, or if you do not have any questionnaire.
Obligations of the parties
by the insurer:
-Give risk coverage.
By the contractor:
-Pay premium,
-Communicate the insurer the claim within a short time and,
-Use the means at its disposal to mitigate the consequences of the accident.
The insurer's obligation to indemnify is an important element in the insurance contract because it represents the cause of the obligation assumed by the policyholder to pay the premium, as it is obliged to pay the premium because it wants the insurer assumes the risk and comply with pay compensation if the accident occurs.
This obligation depends on the realization of the risk insured. This is nothing but a consequence of the duty of the insurer to assume the risk insurable. And although the loss can not occur, it does not lack the essential element of insurance that concerns us, because this is configured with risk-taking that makes the insurer to conclude the contract, which was due the indemnity provision only if the accident occurred.