General Requirements - Enforceable Contract
1.Offer and acceptance
2.Consideration
3.Legal object
4.Competent parties
5.Legal form
Offer and Acceptance
1.Offer normally made by applicant
2.Acceptance occurs when insurer approves application
3.In absence of statutory requirement, the contract
can be oral
4.A “Binder” is a temporary contract (oral or written)
pending issuance of a policy
Agent’s Authority
Property and liability agent’s authority to act on
behalf of the insurer stems from three sources:
1.Express authority, specifically granted by contract
or agreement.
2.Implied authority (also called incidental authority)
required or reasonably necessary to execute
the express authority. 3.Apparent authority
(also called ostensible authority) is the power
the public has come to expect the agent to have.
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