A rider is an integral part of the insurance
Not a separate insurance policy
Separate piece of paper
Attached into the policy
If it is a rider, the caption or the title of the rider should be written on the blank space provided in the
insurance policy.
Normally may blank space talaga sa insurance policy to accommodate ung mga rider.
The rider should be countersigned by the insured
Except if the rider is applied by the rider. Kapag ganyan kahit wala ng counter signature.
Not countersigned, insurer becomes liable
Cover note
- Valid insurance coverage
- Even without formal insurance policy approved by the head office of insurance company
- Happens when insurer accepts the application of the insured subject to examination by the
insurance company.
- Or if the insured asked for more time to pay the premium
- 60 days lang. may be extended subject to approval of insurance commission
Binding receipt
- Insurance company acknowledges the payment of premium
- With a colatilla that the application is still subject for evaluation by the head office
- Will not constitute a valid insurance overage
Contract of adhesion
- A perfect valid contract
- Drafted by the insurer
- The only thing is that if the provisions are clear then we don’t bother interpreting
Incontestability clause
- Gen rule, a life insurance policy once it becomes effective for a minimum period of 2 years, the
insurer is barred from rescinding or cancelling the insurance policy after that period.
- Exceptions
a. Non payment of renewal premiums
Premium
- Vital to a contract of insurance
- Significant because it is the valuable consideration in an insurance contract
- The thing that makes the insurer assume the risk
- It is where they get the payment
Is there a risk on the part of the insured?
- YES
- His risk is that the event that he is insuring does not happen
Cash and carry rule
- SEC 77
- No payment of the premium no insurance policy coverage
- It is not an absolute rule
- There are exceptions
a. When the grace period provision applies – 30 days after payment of first premium
b. Acknowledgement receipt that the insurer receive the premium – different from a binding
receipt.
c. When there is an agreement allowing the insured to pay on installment basis and partial
payment has already been paid by the insured.
d. If there is an agreement granted by the insurer giving a credit extension of 90 days. Ung iba
diyan 30, 60 days. Max ung 90 days
e. Estoppel – insurer will be deemed estopped to deny because they have been granting you
credit extension.
Can the insured be entitled to a return of the premium?
- General rule no.
- Insurance codes provided exception
a. When the insurer was never exposed to the risked insured against.