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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.


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