Clark purchased a life insurance policy on himself and made his son, Russ, the beneficiary. Unfortunately, while Clark was taking a vacation with his wife, he was involved in a car accident and passed away. Russ did not find Clark's insurance policy until six months after Clark's death. Russ immediately contacted the insurance company to claim the money. The insurance company refused to pay him, claiming that he failed to notify it of Clark's death within three months of his death as required by the policy. Russ claimed that he was not bound to the time limitations because even though he knew his dad had insurance, he did not agree to that limitation and was not a party to the contract. The insurance company is a(n) __________________________.