Life & Health · Lesson directory

CONTRACTS & AGENCY · T037–T040

Forming an Insurance Contract

Connect consideration, agreement, legal capacity, and lawful purpose.

4 cards · Three practice questions for each card

CARD T037

Consideration

The value each side gives or promises in exchange for the other side’s agreement. In insurance, the applicant supplies the premium and application statements; the insurer promises covered benefits.

How it works

Consideration is the exchange supporting the agreement. Exam questions commonly identify the applicant’s premium and application statements on one side and the insurer’s promise on the other. The insurer need not first pay a claim to supply consideration: its promise has value. [35] [2]

EXAMPLE

Rae submits an application and initial premium. The insurer accepts the risk and promises the stated covered benefits. The premium is not a refundable security deposit simply because no claim occurs.

Key distinction

Consideration means value exchanged, not careful thought about purchasing insurance.

Practice Consideration · 3 questions

CARD T038

Offer and Acceptance

The proposal of contract terms and agreement to those terms. An insurer offering different terms may make a counteroffer.

How it works

An application with the initial premium is commonly treated as the applicant’s offer. Acceptance must match the proposed terms. Issuing coverage at a higher premium or with a changed benefit may be a counteroffer that needs acceptance. A receipt can separately govern interim coverage; submitting an application alone does not settle every effective-date issue. [3] [2]

EXAMPLE

An applicant seeks $300,000 at a standard premium. The insurer offers $300,000 at a higher rated premium. The changed premium is a counteroffer rather than acceptance of the original price.

Key distinction

A policy issue date, delivery date, and coverage effective date are not necessarily identical.

Practice Offer and Acceptance · 3 questions

CARD T039

Competent Parties

People or entities with legal capacity to enter a contract. For example, someone unable to understand the agreement because of mental incapacity may lack that capacity. Minors may have limited capacity, with exceptions depending on state law and the contract.

How it works

Legal capacity concerns whether a party can enter a binding agreement. A person unable to understand the transaction because of mental incapacity may lack capacity. Minority can limit capacity, but insurance statutes sometimes permit minors of specified ages to contract. A diagnosis, age alone, or an unfavorable underwriting result does not automatically answer every capacity question. [3] [2]

EXAMPLE

A person cannot understand what the agreement does when it is signed. That raises a capacity issue. A person with a well-controlled illness who understands the transaction may have capacity even if underwriting charges more.

Key distinction

Competence is a legal-capacity issue; insurability is an underwriting issue.

Practice Competent Parties · 3 questions

Practice questions

Select an answer, then check it to see why each option is right or wrong.

T037 · Consideration

0 of 3 answered

QUESTION 1 OF 3Which is the insurer’s consideration?
QUESTION 2 OF 3Which pair is commonly identified as the applicant’s consideration?
QUESTION 3 OF 3An insurer has not paid any claim under an in-force contract. Has it necessarily failed to provide consideration?

T038 · Offer and Acceptance

0 of 3 answered

QUESTION 1 OF 3An insurer offers coverage at a higher premium than requested. This is generally:
QUESTION 2 OF 3Which action commonly constitutes the applicant’s offer?
QUESTION 3 OF 3An insurer makes a counteroffer. What remains necessary before treating those changed terms as agreed?

T039 · Competent Parties

0 of 3 answered

QUESTION 1 OF 3Which fact most directly raises a competent-parties issue?
QUESTION 2 OF 3Which statement about minors is most accurate?
QUESTION 3 OF 3An applicant understands the contract but receives a rated premium for a medical condition. What does this establish?

Sources & further reading

Original explanations and practice scenarios informed by the following regulatory, legal, and product resources. State examples are not presented as nationwide deadlines or requirements.