Material Duty (Duties)

Material Duty (or Duties) The set of tasks or skills required in your specific occupation. These are duties that cannot be reasonably omitted or changed without hindering your ability to perform your occupation. A material duty in insurance is a duty that is essential to the performance of a particular occupation. If an individual is unable to perform their material duties, they may be considered disabled under the terms of their insurance policy. Material duties are used to help the insurance adjuster determine whether you are disabled under the contract. Small differences, such as “a,” “the,” “some,” and “all” material duties, can greatly impact whether you qualify for disability benefits. Material duties vary depending on the occupation. For example, a surgeon's material duties may include performing surgery and providing patient care. A lawyer's material duties may include researching and writing legal documents and representing clients in court. To determine whether an individual is unable to perform their material duties, an insurance company will consider a number of factors, including: -The individual's job description -The individual's educational and professional qualifications -The individual's medical condition and limitations -The individual's ability to perform the essential functions of their job An information would be regarded as material if a reasonable, prudent person would consider that the information not disclosed should have been disclosed to the insurer so that the insurer could form its own view as to the effect of such information on the assessment on the relevant risk. Contrarily substantial duties are the duties that are important to completing the tasks of the occupation. They can be described as qualitative or quantitative. Here, the person cannot perform a large proportion of their duties. A sales director who is unable to communicate because of a stroke who cannot understand or comprehend language, may be able to get themselves to work, but without the ability to communicate, they cannot perform the substantial duties of their occupation. It is important to note that not all limitations will prevent an individual from performing their material duties. For example, an individual with a physical limitation may still be able to perform their job if they have the necessary accommodations. #benewinsurance #insurtech #inclusiveinsurance #insurance #reinsurance #takaful

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