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General InsuranceSeen in 692 questions

Insurer

The party to the insurance contract that promises to pay losses, assuming the risk in exchange for premium. Also called the company or the carrier.

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Practice This Concept

Life insurance is a "valued" contract rather than a strict indemnity contract. This means the insurer:

Pays a stated fixed amount when the insured event occurs, without measuring the actual economic loss — Under a valued contract, the parties agree in advance on the amount payable when the event occurs — the face amount of the life policy — regardless of the beneficiary's actual financial loss. Indemnity contracts, such as many property policies, reimburse only the actual loss up to the policy limit. Because a human life has no measurable market value, life insurance is written as a valued contract and pays the stated benefit upon death.

National insurance concept

A dispute over whether an insurer must pay a claim under the terms of a life policy is governed primarily by:

Contract law — An insurance policy is a contract, so disputes about coverage, conditions, and benefits are decided under contract law principles — offer, acceptance, consideration, and performance of promises. Tort law governs civil wrongs such as negligence, which is not the basis of a claim-payment dispute. Recognizing whether a matter sounds in contract or tort determines which rules and remedies apply to the dispute.

National insurance concept

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