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Meaning, type, difference, Cheat Sheet of Insurance law

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Typology: Cheat Sheet

2023/2024

Uploaded on 04/17/2025

mohit-keshri
mohit-keshri 🇮🇳

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Types of Insurance Under Insurance Law:
Life, Marine, and Fire Insurance
Life Insurance Under Insurance Law
Definition:
Life insurance is a contract where an insurer agrees to pay a sum of money to a designated
beneficiary upon the insured person's death or after a specified period. The contract is based
on the principle of utmost good faith, meaning full disclosure of health and financial details
is required.
Legal Aspects of Life Insurance:
Governed by insurance contract laws and national regulations like the Insurance
Act in various countries.
Subject to insurable interest, meaning the policyholder must have a financial or
emotional interest in the insured’s life.
Requires adherence to the principle of indemnity and utmost good faith to prevent
fraudulent claims.
Claims may be rejected due to material misrepresentation or breach of contract.
Types of Life Insurance:
1. Term Life Insurance
oProvides coverage for a fixed period (e.g., 10, 20, or 30 years).
oIf the insured dies during the term, the death benefit is paid; otherwise, the
policy expires without payout.
oGoverned by contract law principles, ensuring fair disclosure of health
conditions.
2. Whole Life Insurance
oProvides lifetime coverage, with a savings component (cash value).
oPremiums are generally higher but remain constant over time.
oLegally classified as a long-term investment product.
3. Endowment Insurance
oA combination of life insurance and savings.
oProvides a lump sum either upon death or at policy maturity.
oSubject to contract law principles, including policyholder rights and insurer
obligations.
4. Unit-Linked Insurance Plan (ULIP)
oCombines life coverage with investments in stocks and bonds.
oGoverned by securities and insurance laws, ensuring policyholder
protection.
5. Annuity and Pension Plans
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Types of Insurance Under Insurance Law:

Life, Marine, and Fire Insurance

Life Insurance Under Insurance Law

Definition:

Life insurance is a contract where an insurer agrees to pay a sum of money to a designated beneficiary upon the insured person's death or after a specified period. The contract is based on the principle of utmost good faith , meaning full disclosure of health and financial details is required.

Legal Aspects of Life Insurance:

 Governed by insurance contract laws and national regulations like the Insurance Act in various countries.  Subject to insurable interest , meaning the policyholder must have a financial or emotional interest in the insured’s life.  Requires adherence to the principle of indemnity and utmost good faith to prevent fraudulent claims.  Claims may be rejected due to material misrepresentation or breach of contract.

Types of Life Insurance:

  1. Term Life Insurance o Provides coverage for a fixed period (e.g., 10, 20, or 30 years). o If the insured dies during the term, the death benefit is paid; otherwise, the policy expires without payout. o Governed by contract law principles , ensuring fair disclosure of health conditions.
  2. Whole Life Insurance o Provides lifetime coverage, with a savings component (cash value). o Premiums are generally higher but remain constant over time. o Legally classified as a long-term investment product.
  3. Endowment Insurance o A combination of life insurance and savings. o Provides a lump sum either upon death or at policy maturity. o Subject to contract law principles , including policyholder rights and insurer obligations.
  4. Unit-Linked Insurance Plan (ULIP) o Combines life coverage with investments in stocks and bonds. o Governed by securities and insurance laws , ensuring policyholder protection.
  5. Annuity and Pension Plans

o Provide regular payments after retirement or upon policy maturity. o Subject to pension and tax regulations.

Legal Rights and Duties Under Life Insurance:

Policyholder Rights : Right to transparency, policy surrender, and fair claims settlement.  Insurer Obligations : Duty to disclose policy terms, honor claims, and maintain financial solvency.  Beneficiary Rights : Entitled to death benefits as per contract terms.

2. Marine Insurance Under Insurance Law

Definition:

Marine insurance provides financial protection against losses or damages to ships, cargo, and marine-related activities. It is governed by maritime laws and insurance statutes , ensuring risk coverage for marine businesses.

Legal Aspects of Marine Insurance:

 Governed by the Marine Insurance Act (e.g., Marine Insurance Act of 1906 in the UK).  Requires utmost good faith , meaning complete disclosure of voyage details.  Based on the doctrine of proximate cause , meaning compensation is only provided if the primary cause of loss is covered.  Subject to warranties and conditions , ensuring compliance with navigation and cargo safety standards.

Types of Marine Insurance:

  1. Hull Insurance o Covers physical damage to the ship due to accidents, collisions, or natural disasters. o Legally subject to seaworthiness warranties , requiring the ship to be in good condition before sailing.
  2. Cargo Insurance o Covers loss or damage to cargo during transit. o Governed by international trade laws and the Carriage of Goods by Sea Act.
  3. Freight Insurance o Protects the shipowner against loss of freight charges if goods are lost before delivery. o Legally bound by the principle of indemnity , ensuring no profit is made from claims.
  4. Liability Insurance (Protection & Indemnity Insurance)

o Covers loss of profits or business interruption due to fire damage. o Legally subject to financial loss verification.

Legal Rights and Duties Under Fire Insurance:

Policyholder’s Duty : Ensure fire safety compliance and disclose risk factors.  Insurer’s Obligation : Provide fair compensation, investigate claims, and follow contract law.  Claims Settlement : Based on loss assessment, damage verification, and fire department reports. Comparison of Life, Marine, and Fire Insurance Under Insurance Law Feature Life Insurance Marine Insurance Fire Insurance Governing Law Insurance Act, Contract Law Marine Insurance Act, Maritime Law Fire Insurance Act, Property Law Insurable Interest Required at inception only Required at inception and during transit Required at inception and at time of loss Risk Coverage Death, survival, maturity benefits Ship, cargo, freight, and liability risks Fire, explosions, and related perils Principle of Indemnity Does not apply (benefits are fixed) Applies strictly Applies strictly Claims Basis Death certificate, maturity period Survey report, shipping documents Fire report, loss assessment