Characteristics of an Insurance Contract
A contract of insurance has the following characteristics:
- Consensual – perfected by the meeting of the minds of the parties
- Voluntary – it is not compulsory and the parties may incorporate such terms and conditions as they may deem convenient which will be binding provided they are not against the law or public policy
- Aleatory – depends upon some contingent event
- Executed – as to the insured after the payment of the premium
- Executory – as to the insurer as it is not executed until payment for a loss
- Conditional – subject to conditions the principal one of which is the happening of the event insured against
- Personal – each party in the contract have in view the character, credit and conduct of the other