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7/28/2019 Law of Insurance in the Philippines
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How did Insurance Lawdevelop in thePhilippines?
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to make it relevant to the
changes thathave transpired in the
industry but also, inanticipation of future
transformation that itis bound to undergo
considering the growingsophistication of industries
across the globe,"
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The Presidential Degree 1460consists of 6 chapters 205
sections.Chapter 1: Insurance in General
Chapter 2: Marine InsuranceChapter 3: Fire Insurance
Chapter 4: Life and Death Insurance
Chapter 5: Insurance Companies
Chapter 6: Final Provision
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Section 2: Insurance is a contract
whereby one undertakes for a considerationto indemnify another against loss, damage, or
liability arising from an unknown or
contingent event.WHAT IS INDEMNIFY?
CONTRACT OF
INSURANCE =
CONTRACT OF
INDEMNITY
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What are the characteristics of an
insurance contract?1. Consensual
2. Voluntary3. Aleatory
4. Conditional
5. Personal
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Who are the parties to the contract of
insurance?
What is an Insurer?
What is an Insured ?
Who are the Beneficiaries?
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Classes of Insurance (Non-life)
Fire Insurancelightning
windstormtornado
earthquake and other
allied risks
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Classes of Insurance (Non-life)
How to measure of Indemnity in
Fire Insurance
1. Open policy2. Valued policy
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Classes of Insurance (Non-life)
Casualty Insurance/AccidentInsurance
-arising from accidents ormishaps
- Example of Casualty Insurance
- Personal Accident/Health Insurance
- Robbery/Theft Insurance
- motor vehicle liability- Public Liability Insurance
- Compensation Insurance
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Classes of Insurance(Life)
1. Ordinary Life, General Life or Old
Line Policy
2. Group Life3. Industrial Life
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Classes of Insurance
Suretyship
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What are the requisites in order that a
person may be insured in a contact of
insurance?
He must be competent to enter into a
contract.He must possess an insurable interest in the
subject of insurance.
He must NOT be a public enemy.
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What is a public enemy?
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INSURABLE INTEREST
Is essential for the validity andenforceability of the contract.
WHAT IS INSURABLE INTEREST?
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What are the kinds of insurable
risks?1) Personal risks life or health risks
2) Property risks loss or damage to property
3) Liability risks involve liability of the insured
for an injury caused to the person or property of
another
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When will be the time that the Beneficiary will be
forfeited to the proceeds of the Insurance?
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POLICYIt is a formal document which provides of such a
contract. The policy must contain statements of offer,
acceptance and consideration.
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Why are the terms of the policy important?
Is the policy and the Contract one and the
same thing?
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PART OF THE CONTRACT OF
INSURANCE
What is a rider?It is a printed or typed stipulation contained on a slipof paper attached to the policy and forming an integral
part of the policy
What are warranties?
What are clauses?What is an endorsement?
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What does the Policy of Insurance
includes?
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What is an Insurance Corporation?
What is a Domestic InsuranceCorporation?
What is Conduct of insurancebusiness by persons not
Incorporated?
What is an agent?
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The InsuranceCommission
Insurance act of July1915Office of the Insurance Commissioner
Made the Insular Treasurer
As Insurance Commissioner ex-officio
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How an Insurance
Company Operates
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Requirements
The approval of the Insurance
Commissioner must be first be
solicited.
Application for the issuance of COA
must be filed before the commission.
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Representation
May be oral or written and may be made at the time or
before the issuance of the policy.
Policy
-offer
-acceptance
-consideration
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Premiums and Payouts
Premiums the amount gained by the insurance
company.
-they pool money to pay claims
-Insurance company pays for expenses
-Insurance company invest the money
Payouts the amount paid by the Insurancecompany to the customer.
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Reserve requirements-ensure that companies set aside enough
money to pay anticipated policy benefits.
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Insurance Companies make money
in two ways:
By charging enough premiums to coverunexpected payouts.
By earning investment return using thecollected premiums.
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DisclosureImportance
Completeness and accuracy of
insurance information is critical.
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Underwriting
The process
-Assess and classify the proposed
insured degree of risk.
-Make a decision to accept or decline
the risk.