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Insurance Contract
I need an insurance contract for a comprehensive health insurance policy that covers hospitalization, outpatient services, and critical illness, with a deductible of MYR 500 and a co-payment of 10%. The policy should include coverage for dependents and offer an annual health check-up benefit.
What is an Insurance Contract?
An Insurance Contract is a binding agreement between you and an insurance company in Malaysia, where the insurer promises to compensate you for specific losses in exchange for regular premium payments. These contracts are governed by Malaysia's Financial Services Act 2013 and follow strict guidelines from Bank Negara Malaysia.
The contract outlines key details like coverage limits, exclusions, and claim procedures. It must include essential elements such as offer and acceptance, consideration (premiums), and both parties' clear intention to create legal relations. Malaysian law requires insurance contracts to be based on 'utmost good faith,' meaning both parties must disclose all material facts that could affect the agreement.
When should you use an Insurance Contract?
Insurance Contracts become essential when you need to protect yourself, your family, or your business against specific risks in Malaysia. Common situations include buying a new home (requiring fire insurance), starting a business (needing liability coverage), or purchasing a vehicle (mandatory motor insurance under the Road Transport Act 1987).
Bank Negara Malaysia requires these contracts for certain financial transactions, like securing a business loan or mortgage. They're particularly crucial when entering high-risk industries, expanding operations, or taking on valuable assets. Getting coverage early helps avoid gaps in protection and ensures compliance with Malaysian regulatory requirements before unexpected events occur.
What are the different types of Insurance Contract?
- Health Insurance Agreement: Covers medical expenses, hospitalization, and prescribed treatments, often with options for family coverage and outpatient care
- Insurance Letter Of Agreement: A simplified contract format outlining basic coverage terms and conditions, commonly used for straightforward insurance arrangements
- Key Person Agreement: Protects businesses against financial losses from death or disability of crucial employees or executives
- Subcontractor Insurance Agreement: Ensures contractors maintain adequate coverage for project-related risks and liabilities
- Fine Print Renters Insurance Agreement: Protects tenants' personal property and provides liability coverage in rental properties
Who should typically use an Insurance Contract?
- Insurance Companies: Licensed insurers in Malaysia who draft and issue policies, assess risks, and handle claims under Bank Negara Malaysia's supervision
- Policyholders: Individuals, businesses, or organizations who pay premiums and receive coverage protection under the contract terms
- Insurance Agents: Licensed professionals who represent insurers, explain policy terms, and help clients select appropriate coverage
- Legal Advisors: Lawyers who review and customize insurance contracts to ensure compliance with Malaysian insurance laws
- Financial Institutions: Banks and lenders who require specific insurance contracts as conditions for loans or financing
How do you write an Insurance Contract?
- Risk Assessment: Document specific risks to be covered, value of assets, and coverage limits needed
- Party Details: Gather complete information about the policyholder and any additional insured parties, including business registration or personal identification
- Coverage Terms: List specific events, conditions, and exclusions that align with Malaysian insurance regulations
- Premium Structure: Calculate and clearly state payment amounts, schedules, and any applicable fees
- Claims Process: Define the procedure for filing claims, required documentation, and timeframes under local laws
- Compliance Check: Verify alignment with Bank Negara Malaysia's guidelines and mandatory coverage requirements
What should be included in an Insurance Contract?
- Policy Details: Full identification of insurer and insured, policy number, and effective dates
- Coverage Scope: Clear description of insured risks, coverage limits, and territorial boundaries
- Premium Terms: Payment amounts, schedules, and consequences of non-payment
- Exclusions: Specific events or circumstances not covered under the policy
- Claims Procedure: Step-by-step process for filing claims and required documentation
- Utmost Good Faith Declaration: Statement confirming all material facts have been disclosed
- Governing Law: Reference to Malaysian insurance laws and Bank Negara Malaysia regulations
- Termination Clauses: Conditions for policy cancellation and refund terms
What's the difference between an Insurance Contract and an Insurance Policy?
An Insurance Contract differs significantly from an Insurance Policy in Malaysian legal practice. While they're often used interchangeably, understanding their distinct roles helps choose the right document for your needs.
- Legal Structure: Insurance Contracts are the comprehensive binding agreement between insurer and insured, while Insurance Policies are the detailed documentation of coverage terms
- Scope and Purpose: Contracts establish the legal relationship and mutual obligations, whereas Policies focus on specific coverage details and claim procedures
- Content Requirements: Contracts must include essential elements like offer, acceptance, and consideration under Malaysian contract law; Policies primarily outline coverage terms and exclusions
- Modification Process: Contracts typically require mutual agreement for changes, while Policies can be updated through endorsements or riders with notice
- Regulatory Oversight: Both documents must comply with Bank Negara Malaysia guidelines, but Contracts face additional scrutiny under contract law principles
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