Adams & Adams offers an extensive range of specialist services in the field of insurance law. A multi-disciplinary approach by our specialists allows us to provide clients with comprehensive legal advice pertaining to the insurance sector.
The following are common terms that one should familiarise themselves with should they be requiring the assistance of an insurance lawyer.
The proposal is the offer which is issued by the insurer and completed by the proposed insured, who assists in the compilation of the document.
The proposal form is compiled by the insurer based on the answers to a series of questions posed to the by the proposed insurer. Using these answers, the insurer will calculate risk and make a formal offer. The proposal is written under duty of disclosure, and therefore answers must be accurate and truthful in order to avoid a breach of contract.
Should there be bargaining involved in the initial discussion prior to the signing of the proposal, matters must be settled before the proposal is finalised.
Bargaining can include:
- The amount of insurance issued
- The period of insurance
- Special circumstances related to risk
It is also possible that either party may not accept the terms of the proposal as it stands, and therefore a counteroffer may be made by the insurer. Prior to finalisation, the proposed insured individual may request a deletion or addition on the proposal.
Once both parties have reached an agreement in terms of the proposal, the insured individual will formally notify the insurer of the acceptance. From this point, the insurer will give the individual a policy, as well as a covering letter that discloses that the proposal has been accepted.
A policy is the document which states the terms of an insurance contract.
An insurance premium is the sum of money which is paid on a monthly basis from the individual to the insurance company.
In some instances, the finalisation and conclusion of the contract of insurance may only occur after lengthy period of time. In that period, the individual is left vulnerable and will still require cover in the event of an incident that results in loss.
Interim insurance covers the individual until such time as a finalised contract has been initiated. This is common practice in short-term insurance. The contract serves as a valid insurance agreement and must comply with all of the requirements of a permanent insurance contract.
Insurance Lawyers South Africa
For legal advice pertaining to insurance, Adams and Adams has a team of experts in various specialities that can assist. Contact us for more information, or to book a consultation.