General Insurance PrinciplesQuestion 318 of 716

An insurance policy is considered a 'contract of adhesion.' What does this mean?

a.The contract is prepared by the insurer, and the applicant never negotiates its terms before signing
b.The contract may be canceled by either party at any time without cause or notice
c.Both parties negotiate each term of the contract on an equal footing before the policy is finally issued
d.The dollar amounts exchanged by the two parties are always equal, no matter what events occur later

Explanation

A contract of adhesion is drafted by one party (the insurer) and offered to the other (the applicant) on a take-it-or-leave-it basis, with no negotiation of terms. Because of this, courts interpret any ambiguity in favor of the insured. Insurance is not a bargain in which both sides negotiate each term on an equal footing. A contract in which the two parties exchange equal dollar amounts is a commutative contract; insurance is instead aleatory, meaning the amounts exchanged are unequal and depend on chance. Free cancellation by either party at any time confuses adhesion with cancellation rights, which are governed by separate policy provisions and state law.

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Reviewed by John Zihao Zhang — California-Licensed Life Insurance Agent (CA Dept. of Insurance License #4396095 — verify)
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