2. Characteristics of Insurance Contracts
In addition to required elements, insurance contracts have unique characteristics that distinguish them from other types of legal contracts. It is important to understand these features and how they affect parties to an insurance contract.
Contract of Adhesion
A contract of adhesion is prepared by one of the parties (insurer) and accepted or rejected by the other party (insured). Insurance policies are not drawn up through negotiations, and an insured has little to say about its provisions. In other words, insurance contracts are offered on a take-it-or-leave-it basis by an insurer.
Aleatory Contract
Insurance contracts are aleatory, which means there is an exchange of unequal amounts or values. The premium paid by the insured is small in relation to the amount that will be paid by the insurer in the event of loss.
Life and Health Example:
John purchases a life insurance policy for $100,000. His monthly premium is $100. If John only had the policy for 2 months, which means he only paid $200 in premiums, and he unexpectedly died, his beneficiary will receive $100,000. A $200 contribution on the part of the insured in exchange for $100,000 benefit from the insurer illustrates an aleatory contract.
Property and Casualty Example:
John purchases a homeowners insurance policy for $100,000. His monthly premium is $100. If John only had the policy for 2 months, which means he only paid $200 in premiums, and the home was unexpectedly destroyed by a covered peril, John will receive $100,000. A $200 contribution on the part of the insured in exchange for $100,000 benefit from the insurer illustrates an aleatory contract.
Personal Contract
In general, an insurance contract is a personal contract because it is between the insurance company and an individual. Because the company has a right to decide with whom it will and will not do business, the insured cannot be changed to someone else without the written consent of the insurer, nor can the owner transfer the contract to another person without the insurer's approval. Life insurance is an exception to this rule: A policyowner can transfer (or assign) ownership to another person. However, the insurer must still be notified in writing.
Unilateral Contract
In a unilateral contract, only one of the parties to the contract is legally bound to do anything. The insured makes no legally binding promises. However, an insurer is legally bound to pay losses covered by a policy in force.
2.保险合同的特征
除了必要的要素之外，保险合同还具有独特的特征，可以将其与其他类型的法律合同区分开来。了解这些功能以及它们如何影响保险合同的各方非常重要。
粘附合同
签约合同由一方（保险公司）准备，并由另一方接受或拒绝（保险）。保险政策不是通过谈判制定的，被保险人对其条款几乎没有任何说法。换句话说，保险合同是由保险公司以“接受或离开”的方式提供的。
提示合同
保险合同是随意的，这意味着存在不等数额或价值的交换。被保险人支付的保险费相对于保险公司在发生损失时支付的金额较小。
生命与健康示例：
约翰以100,000美元购买人寿保险。他每月的保费为100美元。如果约翰只有2个月的保单，这意味着他只支付了200美元的保险费，而且他意外地去世了，他的受益人将获得10万美元。被保险人向保险公司支付了100,000美元的保险金200美元，这说明了一份合同。
财产和伤亡案例：
约翰以100,000美元的价格购买了房主保险单。他每月的保费为100美元。如果约翰只有2个月的政策，这意味着他只支付了200美元的保险费，并且房屋意外地被一个承保的危险所摧毁，约翰将获得10万美元。被保险人向保险公司支付了100,000美元的保险金200美元，这说明了一份合同。
个人合同
一般而言，保险合同是个人合同，因为它是在保险公司和个人之间。由于公司有权决定与谁共同营业，未经保险人书面同意，被保险人不得更改为其他人，未经保险人同意，所有人也不得将合同转让给他人。人寿保险是此规则的一个例外：保单持有人可以将所有权转让（或转让）给另一个人。但是，仍然必须以书面形式通知保险公司。
单方合同
在单方合同中，只有合同当事方中的一方在法律上有义务做任何事情。被保险人没有做出具有法律约束力的承诺。但是，保险公司在法律上有义务支付现行保单所涵盖的损失。