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  • life insurance policy -- the Legal Principals

     

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  • This is designed as a very brief introduction to this subject. Firstly, a life insurance policy is a contract between the insured and the insurer. In English law there are five basic requirements for a contract which read as follows,

    - Offer and acceptance;
    - Testing;
    - Close the capacity to contract;
    - The insurable interest;
    - Consensus ad idem, which means in English, a consensus agreement. They were both parties regarding the same.

    Offer and acceptance. In English law, under a contract are offer and acceptance. A party makes an "offer" and the other party accepts the offer without qualification. If the acceptance is qualified, it simply offers an alternative. In addition, it exists in English law treat something like an invitation. It is essentially an advertisement. Insurance companies to display their brochures and leaflets. You do not have deals in their own right. They could not in the office of the insurer's hand and walk with you to check the policy appears in the advertisement.

    In life insurance, the insurer is usually a contract offer by the insured, he accepted the proposal and is prepared to take out insurance to offer certain amount, based on a series of policies and are subject to payment the first premium. The insured then accepts that in general offer if the insured pays the first premium.

    Normally, if a life insurer to offer them the first premium paid by a certain date and that until the first premium is paid for life insurance should remain in a state of health.

    So if you come once the insurance, your health deteriorates before paying premium first, then life insurance may not be valid. Everything you need to discuss with your insurer.

    Test. These are considered on both sides. This applies to all orders that are not sealed. The review is assured of a first payment of the premium and then after that the continued payment of premiums. The review by the insurer to offer to pay the insured amount if the life was insured dies during the policy period.

    The ability to contract. Both parties must be able to contract. Less than 18 are limited by the Family Law Reform Act 1969th Minors under 18 may include in a contract, but is subject to certain restrictions the contract can be enforced against them. This is why most insurers are not a political issue to a person under 18 years.

    In general, we can not enforce a contract against a person of unsound mind, if you knew they were not of sound mind, if you have a contract with them. Under the Law on Mental Health 1983, the case can be made to a person of unsound mind in the hands of the Court of Protection, he may appoint a person to process transactions on their behalf.

    The life insurer must be approved under the Financial Services and Markets Act 2000, the actions of life in England the question.

    Insurable interest. Applicants life insurance, the person who made the policy needs an "insurable interest" in life are assured. Before the Act on life insurance in 1774, this was not the case, and many people become the life of famous people as a form of gambling. The Insurance Act 1774, a fund that. The law requires that the applicant is an insurance policy in the interests of policyholders have life, and in May that the amount should not exceed the value of buying insurance insurable interest.

    The courts generally hold that a person has an unlimited right in their own lives and those of their spouse. In 1854 a trial called Dalby against India and London Life Insurance Co., which has been decided that a life insurance policy and not a compensation policy, so that the insurable interest only had before, when the policy was taken first.

    Consensus agreement. The parties basically agree on what they are contracting when the Convention enters into force. The original idea came from a case where a party was to sell a boat, and another person were to buy a boat. Unfortunately, there were two boats with the same name, and each party to the other thought about a different boat.

    In life insurance this area of law was the idea of "good faith extended. The courts believe that all knowledge of the insured and the insurer itself has none. Therefore, under English law, the insured has the duty of the insurer all material facts advice.