Professional Documents
Culture Documents
SUBROGATION – the transfer of rights and remedies of the insured to the insurer who has
indemnified the insured in respect to the loss
ELEMENTS
1. The insured possesses an interest of some kind susceptible of pecuniary estimation,
known as insurable interest
2. The insured is subject to a risk of loss through the destruction or impairment of that
interest by the happening of designated perils.
3. The insurer assumes that risk of loss.
4. Such assumption is part of a general scheme to distribute actual losses among large group
of persons bearing somewhat similar risks.
5. As consideration for the insurer’s promise, the insured makes a ratable contribution,
called a premium to a general insurance fund.
CHARACTERISTICS
1. It is an aleatory but not a wagering contract.
2. It is a contract of indemnity.
3. It is personal contract.
4. It is a conditional contract.
5. It is voluntary in the sense that it is not compulsory and the applicant for insurance may
accept or reject it, except for motor vehicles which the law requires.
6. It is executed as to the insured after the payment of the premium, and executor on the part
of the insurer in the sense that it is not executed until the payment for a loss.
7. It is unilateral in the sense that the contract is prepared by the insurance company.
PRIMARY FUNCTIONS
1. Scientific assessment of risks
2. Equitable distribution of losses
SUBSIDIARY FUNCTIONS
1. Stimulates business enterprise
2. Encourages business efficiency
3. Promotes loss-prevention
4. Encourages savings
5. Solves social problems
GAMBLING vs WAGER
1. Insurance – enforceable / Wager – not enforceable
2. Insurance – immune from loss /Wager – either party may win or lose
3. Insurance – evet is not sure to happen / Wager – event will happen at a future date
4. Insurance – insurer and insured does not want peril to happen / Wager – both party desire
to win
5. Insurance – principle of utmost good faith / Wager – principle is not applicable
Sec 10. Every person has an insurable interest in the life and health :
1. Of himself, of his spouse and of his children;
2. Of any person on whom he depends wholly or in part for education or support, or in
whom he has a pecuniary interest
3. Of any person under a legal obligation to him for the payment of money, or with respect
to property or services , of which death or illness might delay or prevent the performance;
4. Of any person upon whose life any estate or interest vested in him depends
BENEFICARY- person who is designated in a contract of life, death or accident insurance as the
one who is to receive the benefits which become payable, according to the terms of the contract,
upon death of the insured
Exceptions : Those forbidden by law to receive donations from the insured, such as:
1. Those made between persons who are guilty of adultery or concubinage at the time of
donation
2. Those made between person found guilty of the same criminal offense
3. Those made to a public officer or his wife, descendants, ascendants by reason of his
office.
Kinds of Beneficiary:
1. Primary Beneficiary – first person/s entitled to benefits upon death of insured
2. Contingent beneficiary – person named in case the primary beneficiary is dead
3. Revocable beneficiary – beneficiary that can be changed
4. Irrevocable beneficiary – beneficiary that can only be changed with the consent of the
beneficiary himself
Sec 12. ..... Nearest relatives
METHODS
1. Cash Payment
2. Repair
3. Replacement
4. Reinstatement
REPRESENTATION – statements made to give information to the insurer and otherwise induce
him to enter into an insurance contract. It may be oral or written. It may be made at the time of ,
or before the issuance of the policy.
MISREPRESENTATION – statement as a fact of something which is untrue, and which the
insured states with knowledge that it is untrue, and with the intention to deceive
Sec 49. The written instrument in which the contract of insurance is set forth is called a policy of
insurance
COVER NOTES – these may be issued to bind the insurance temporarily pending the issuance
of the policy which has an effectivity of sixty days but may be extended
RIDER- sweeteners or additional benefits attached to the insured if the peril happens under
certain conditions