What is the insuring clause in an insurance policy?
Asked by: Dr. Wilbert Schmitt | Last update: January 18, 2026Score: 4.9/5 (48 votes)
What is the insuring clause in insurance?
An insuring clause outlines what the insurance company is liable for (or the risk that it assumes) and how much it will pay in benefits. The free look provision gives the policyholder a certain number of days for terminating the contract before they must pay a fee to end a policy.
What is the insurance clause?
Clauses are sections of the insurance policy. They define the insurer's responsibilities to the policyholder, circumstances under which claims will and maybe won't be paid out, as well as the policyholder's responsibilities. Sometimes called exclusions, these are designed to help the customer and the company.
What is not included in an insuring clause?
The Insuring Clause is a key part of an insurance policy that specifies the risks covered, the limits of the policy, who the insured is, and the insurance company providing the coverage. It does not include a list of available doctors.
What is the legal action against the insurer clause in an insurance policy?
Most insurance policies have a provision labeled “Suit Against Us” that says you have one year from the date of a loss to file a lawsuit relating to a claim under the policy. The law in your state may override that provision and give you more than a year.
2 Entire Contract And Insuring Clause
What is the negligence clause in insurance?
Negligence is the legal way of saying you, anyone covered on your policy, or someone else screwed up. Specifically in insurance, negligence refers to the failure to act in a way that a reasonable person would when faced with the same situation. And as a result, someone or something was damaged.
When can an insured take legal action against an insurer?
Breach of contract: If your insurance company fails to fulfill the terms of your policy, such as not providing coverage for a covered event or failing to pay out the agreed-upon amount, you may be able to sue for breach of contract.
Which of the following does the insuring clause specify?
The Insuring Clause lists the insured, the insurance company, what kind of losses are covered, and for how much the losses would be compensated.
Who has the right to change an insurance policy?
The owner is the person who has control of the policy during the insured's lifetime. They have the power, if they want, to surrender the policy, to sell the policy, to gift the policy, to change the policy death benefit beneficiary.
How long can an insurer legally defer paying the cash value?
The company shall reserve the right to defer the payment of any cash surrender value for a period of six (6) months after demand therefor with surrender of the policy.
What is the benefit of insurance clause?
benefit of insurance clause is the clause by which the bailee of goods claims the benefit of any insurance policy effected by the cargo owner on the goods placed in care of the bailee.
What is the primary clause of insurance?
The “primary” part shows that this policy will be triggered first in the event of a claim. This dictates the order of whose policy will have to pay the claim.
What is the average clause in insurance?
The 'Average' clause is the mechanism that insurers use to reflect this position at the time of any claim. In simple terms, the amount you receive once the figures are agreed is reduced in proportion to the degree you are under-insured.
What is not a function of an insuring clause?
The insuring clause primarily identifies insured parties, defines the scope of coverage, and states policy exclusions. However, it does not set premium amounts, which are typically determined separately in the insurance contract.
What does insuring mean?
insure verb (PROTECT)
to protect yourself or your property against damage or loss by making regular payments to a company that will pay for the damage or loss if it happens: We've insured our house for $100,000. (Definition of insure from the Cambridge Academic Content Dictionary © Cambridge University Press)
How to read an insurance policy?
- Read the overview on your declarations page. ...
- Learn insurance terminology. ...
- Train your eagle eye and read the fine print. ...
- Ask yourself questions. ...
- See what's covered (your insuring agreement) ...
- See what's not covered (your exclusions)
Can the owner of an insurance policy be changed?
Transferring ownership is generally a straightforward process that's as simple as signing the appropriate rights documents.
Who has the power to change policies?
All legislative power in the government is vested in Congress, meaning that it is the only part of the government that can make new laws or change existing laws. Executive Branch agencies issue regulations with the full force of law, but these are only under the authority of laws enacted by Congress.
What is the consideration clause in insurance?
The consideration clause spells out exactly how much premium payments are and when they are due. The legal consideration for a life policy consists of the application and payment of the initial premium.
What is an insuring clause?
In insurance: Liability insurance. One is the insuring clause, in which the insurer agrees to pay on behalf of the insured all sums that the insured shall become legally obligated to pay as damages because of bodily injury, sickness or disease, wrongful death, or injury to another person's property.
What is under insurance clause?
Underinsurance refers to the situation in which an individual or entity has an insurance policy, but the level of coverage is insufficient to cover the cost of a potential claim.
Which of the following is not subject to pay in an insuring clause?
The promise to pay in an insuring clause specifically relates to benefits like death benefits, cash values, and sometimes dividends. However, premiums are not part of this promise as they represent costs incurred by the policyholder rather than benefits received. Therefore, the correct answer is C) Premiums.
Can I sue my insurance company for emotional distress?
Yes, you can sue for emotional distress under the common law standard, but it can be hard to prove. This is because you must show that the result of your claim denial caused you pain and suffering or emotional distress. This intangible loss can be more difficult to prove than, say, the cost of medical bills.
Can I sue my insurance company for taking too long?
The answer to this question is complex, but California health insurance providers are bound by state law to respond to claims within a specific amount of time. If they fail to do so, you may have the basis for a lawsuit against your insurer due to bad faith.
Can you sue your insurance company for denying coverage?
Thankfully, as a policyholder, recourse is available. You can, in fact, sue your insurance company for bad faith. That said, pursuing legal action is complex and requires the assistance of an experienced and reputable insurance claim denial attorney.