6 Life Insurance Policy Provisions, Options and Riders Flashcards
Terms
TERMS TO KNOW
Actives
of daily living (ADLs) - a persons essential activities that include bathing.
dressing eating. transferring, toileting. continence
Assignment - transfer of rights of policy
nership
Contingent beneficiary - a beneficiary who has second claim
to the policy proceeds after the death of the insured (usually after the death of the primary
beneficiary
NAIC- National Association of Insurance Commissioners
, an organization composed of insurance commissioners from all 50 states, the District of Columbia anc
thesU.s. territories,
formed to resolve insurance regulatory issues
Primary beneficiary - a beneficiary who has the first claim to the policy proceeds after the death of the insured
Principal amount - the face value of the policy; the original amount invested before the earnings
Trust - an arrangement in which funds or property are held by a person or corporation for the benefits of another person (trust beneficiary)
A. Required Provisions
While there is no “standard” policy form in life insurance, the standard policy provisions adopted by the National Association
Ownership
The parties to the insurance contract are the insurer, the policyowner, the insured, and the beneficiary. The policyowner and the
insured mav be the same person or amerenpersons. egardless. only the Dolicvowner has the ownership rights under the policy and
not the insured or the beneficiary. Among the ownership rights are naming and changing the beneficiary, receiving the policy’s living
beners, selecn metotons, and assigning the polIcy.
The policyowner has the responsibility of paying the policy premiums, and is also the person who
must have an insurable interest in
the insured at the time of application for the insurance. When the owner and the insured are not the same person. the insurance
arrangement is referred to as the third-partv ownership.
Assignment
- Assignment
The policyowner of a life insurance policy has the right to transfer partial or complete ownership of the policy to another person
without the consent of the insurer. However, the owner must notify the insurer in writing of the assignment. Without a written notice
the insurer may not recognize the assignment and would not assume responsibility for its validitv. The companv’s maior concern is
paying the claim twice. Transfer of the life insurance policy does not change the insured or amount of coverage; it only changes who
has the policy ownership rights.
The assignment provision specifies the policyowner’s right to assign (transfer rights of ownership) the policy. The policyowner must
advise the insurer in writing of the assignment. There are 2 types or policy assignment:
Absolute Assignment
Absolute Assignment - involves transferring all rights of ownership to another person or entity. This is a permanent and total
transfer of all the policy rights. The new policyowner does not need to have an insurable interest in the insured.
Collateral Assignment
Collateral Assignment - involves a transfer of partial rights to another person. It is usually done in order to secure a loan or some
other transaction. A collateral assignment is a partial and temporary assignment of some of the policy rights. Once the debt or
loan is repaid, the assigned rights are returned to the policyowner.
Entire contract
Entire Contract
The entire contract provision
stipulates that the policy and a copy of the application. along with any riders or amendments, constitute
the entire contract. No statements made before the contract was written can be used to alter the contract. Neither the insurer nor
the insured may change policy provisions once the policy is in effect without both parties agreeing to it and the change being affixed
to the contrall.
Know This! Entire contract = policy + copy ot application
+ any riders or amendments
Right to Examine (Free Look)
Right to Examine (Free Look)
This provision allows the policyowner a specifiec
number of days from receipt to look over the policy and if dissatisfied for any reason
return it for a full refund of premium. The free-look period starts when the policyowner receives the policy, not when the insurer
issues the policy. Certain types of policies may require a longer free-look period, or the period may be set by state statute
In New York, the minimum free-look period is 10 days. If the policy was sold by mail order, however, it must contain a 30-day free-look
orovision.
- Payment of Premiums
- Payment of Premiums
The policy stipulates when the premiums are due, how often they are to be paid (monthly, quarterly, semiannually, annually, etc.) and to
whom. If the insured dies during a period of time for which the premium has been paid, the insurer must refund any unearned
premium along with the policy proceeds. The payment of premium provision also stipulates that premiums must be paid in advance.
- Grace Period
- Grace Period
The grace period is the period of time after the premium due date that the policyowner has to pay the premium before the policy
lapses (usually 30 or 31 days, or one month). The purpose of the grace period is to protect the policyholder against an unintentional
lapse of the policy. If the insured dies during this period, the death benefit is payable; however, any unpaid premium will be deducted
from the death benefit.
Reinstatement
Reinstatement
The reinstatement provision allows a lapsed policy to be put back in force. The maximum time limit for reinstatement is usually 3
years after the policy has lapsed. If the policyowner elects to reinstate the policy, he/she will have to provide evidence of insurability.
The policyowner is required to pay all back premiums plus interest, and may be required to repay any outstanding loans and interest.
The advantage to reinstating a lapsed policy as opposed to purchasing a new one is that the policy will be restored to its original
status, and retain all the values that were established at the insured’s issue age.
Note that a policy that has been surrendered cannot be reinstated.
- Incontestability
- Incontestability
The incontestability clause prevents an insurer from denying a claim due to statements in the application after the policy has been in
force for 2 years, even if there has been a material misstatement of facts or concealment of a material fact. During the first 2 years of
the policy, an insurer may contest a claim if the insurer feels that inaccurate or misleading information was provided in the application.
The incontestability period does not apply in the event of nonpayment of premiums; it also does not usually apply to statements
relating to age, sex or Identity.
- Misstatement of Age
- Misstatement of Age
Because the age of an insured affects the premium that will be charged for a life insurance policy, if the applicant has misstated his or
her age on the application, in the event of a claim, the insurer has the right to adjust the benefit to an amount that the premium would
have purchased at the correct age of the insured.
Know This! Misstatement of age on the application will result in adjustment of premiums or benefits
- Statements of the Applicant
As you already know, all statements made by the applicant/insured are considered representations and not warranties, except in the
case of fraud.
A representation is a written response to questions or statements made on an application for insurance which the applicant indicat
are correct to the best of his or her knowledge, and upon which the underwriter relies to issue a policy. A warrantv is a
I statement have purchased at the correct age of the insured.
Know This! Misstatement of age on the application will result in adjustment of premiums or benetts
- Statements of the Applicant
- Statements of the Applicant
As you already know, all statements made by the applicant/insured are considered representations and not warranties, except in the
case of fraud.
A representation is a written response to questions or statements made on an application for insurance which the applicant indicates
are correct to the best of his or her knowledge, and upon which the underwriter relies to issue a policv. A warranty is a statement that
is guaranteed to be true.
The distinction between a warranty and a representation is that if a warranty is untrue, the insurer has the right to void the contract. If
a representation is untrue, the insurer has the right to cancel the contract only if the representation was material to the creation or
the contract.
Proof of Death
Proof of Death
Upon the death of the insured, an insurer will generally require proof of death before it will pay a claim. In many cases, this will consist
of a copy of a death certificate and a form provided by the insurer to be completed by the claimant.
Upon receipt of a written proof of loss, the insurer must pay death claims immediately. (Most states interpret this to be within 30
days.) If there is no beneficiary named in the policy, the death proceeds are paid to the estate of the insured. (An insurer cannot delay
the payment of a death claim until the settlement of the estate of the insured has been completed.)
- Exclusions
- Exclusions
Exclusions are the types of risks the policy will not cover. Certain exclusions are standard for all policies, while others are attached to
the policy as an exclusion rider. The most common exclusions found in life insurance policies are aviation, hazardous occupation, and
war and military service.
Aviation - Most life insurance will cover an insured as a fare-paying passenger or a pilot on a regularly scheduled airline, but will
exclude coverage for noncommercial pilots, or require an additional premium for the coverage.
Hazardous Occupations or Hobbies - If the insured is engaged in a hazardous occupation or participates in hazardous hobbies (such
as skydiving or auto racing), death that results from the hazardous occupation or hobby may be excluded from coverage. The
underwriter also has the option of charging a higher premium for insuring these risks.
War or Military Service - Most life insurance policies issued today do not exclude military service. However, there are actually two
different types of exclusions that may be used to limit the death benefit if the insured dies as a result of war, or while serving in the
nilitary. The status
clause excludes all causes of death while the insured is on active duty in the military. The results clause only The results clause only
excludes the death benefit if the insured is killed as a result of an act of war (declared or undeclared).
The suicide provision in life insurance policies protects the insurers from individuals who purchase life insurance with the intention of
committing suicide. Insurance policies usually stipulate a period of time during which the death benefit will not be paid if the insured
commits suicide. If the insured commits suicide within 2 ears following the policv effective date (issue date), the insurer’s liability is
limited to a refund of premium. If the insured commits suicide after the 2-vear period. the policy will pay the death proceeds to the
designated beneficiary the same as if the insured had died of natural causes
- Designation Options
- Designation Options
The beneficiary is the person or interest to which the policy proceeds will be paid upon the death of the insured. The beneficiary may
be a person, class of persons (sometimes used with children of the insured), the insured’s estate, or an institution or other entity such
as a foundation, charity, corporation or trustee of a trust. Trusts are commonly used in conjunction with beneficiary designations to
manage life insurance proceeds for a minor or for estate tax purposes (although naming a trust as beneficiary does not avoid estate
taxes).
The beneficiary does not have to have an insurable interest in the insured. In addition, the policyowner does not have to name a
beneficiary in order for the policy to be valid.
Individuals
Individuals
The owner of a life insurance policy may name any individual as a beneficiary for the policy proceeds. The owner may name more than
one individual, in which case the individual beneficiaries will split the benefit by the percentage specified in the policy.
Benefits designated to a minor will either be paid to the minor’s guardian, or paid to the trustee of the minor if the trust is the named
beneficiary, or paid as directed by a court. The guardian and trustee can be the same person. It is generally accepted not to be a good
practice to have life insurance benefits payable to a minor.
Classes
Classes
A class of beneficiary is using a designation such as “my children.” This term can be vague if the insured has been married more than
once, has adopted children, or has children out of wedlock. An example of a class that is less vague is children of the union of Jane
Smith and James Smith.” Man insurers encourage the insured to name
each child specifically and to state the percentage of benefit
they are to receive.
When naming beneficiaries, it is most prudent to be specific by
naming each individual and by designating the exact amount to be
given for that individual. Two class designations are available for use when an insured chooses to “group” the beneficiaries: per capita
and per stirpes. Per capita, meaning by the head, evenly distributes benefits among the living named beneficiaries. Per stirpes,
meaning by the bloodline, distributes the benefits of a beneficiary who died before the insured to that beneficiary’s heirs.
For example, Bryan purchased a $90,000 life insurance policy. He named his three sons, Quentin, Steve, and Patrick, as beneficiaries
for equal shares. Quentin has two children of his own. Bob and Lou. Steve and Patrick are both married but have no children
Unfortunately, Quentin predeceases Bryan.
If Bryan selected the per capita designation, which means “by the head,” with Quentin gone, only 2 named beneficiaries remain. Steve
& Patrick each will receive $45,000 ($90,000 divided by 2). Quentin’s children would not receive any benefits, since they were not
named as beneficiaries.
If Bryan selected the per stirpes designation, which means “by the bloodline,” Steve and Patrick would receive $30,000 each and
Quentin’s sons would share his allotment equally at $15,000 each.
Estates
Estates
If none of the beneficiaries is alive at the time of the insured’s death, or if no beneficiary has been named, the insured’s estate will
automatically receive the proceeds of a life insurance policy. The death benefit of the policy may be included in the insured’s taxable
estate it this occurs
Know This! If NO beneficiarv is named. policy proceeds go to the insured’s estate.
Trust
Trusts
Trusts are commonly established for minors, or to create a scholarship fund. Trusts can be used for estate planning purposes, and
when used properlv. can keep life insurance death proceeds out of the insured’s taxable estate. The are. however, expensive to
administer.
Succession
Succession
The beneficiary designation provides for levels of priority or choice. In the event that the primary beneficiary predeceases the
insured, the contingent (secondary or tertiary) level in the succession of beneficiaries will be entitled to the death proceeds. Each level
in the succession of beneficiaries is only eligible for the death benefit if the beneficiarvs) in the levels) above them has died before
the insured.
The primary beneficiary has first claim to the policy proceeds following the death of the insured. The policyowner may name more
than one primary beneficiary, as well as how the proceeds are to be divided.
The contingent beneficiary (also referred to as secondary or tertiary beneficiary) has second claim in the event that the primary
beneficiary dies before the insured. Contingent beneficiaries do not receive anything if the primary beneficiary is still living at the time
of the insureds death.
Revocable vs. Irrevocable
Revocable vs. Irrevocable
Beneficiary designations may be either revocable or irrevocable. The policyowner, without the consent or knowledge of the
beneficiary, may change a revocable designation at any time. An irrevocable designation may not be changed without the written
consent of the beneficiary. Irrevocable beneficiaries have a vested interest in the policy; therefore, the policyowner may not exercise
certain rights without the consent of the beneficiary. In addition to being unable to change the beneficiary designation, the
policyowner cannot borrow against the policy’s cash value (as this would decrease the policy face value until repaid or assign the
policy to another person without the beneficiarys agreement.
- Common Disaster Clause
- Common Disaster Clause
If the insured and the primarv beneficiarv di
at approximatelv the same time from a common accident with no clear evidence as to
who died first, a problem may arise in identifying which party is eligible for the death benefit. The Uniform Simultaneous Death Law
has been adopted by most states to address this problem, and to
protect the policyowners original intent, as well as to protect the
contingent beneficiary. This law stipulates that if the insured and the primary beneficiary died in the same accident and there is no
sufficient evidence to show who died first, the policy proceeds are to be distributed as if the primary beneficiary died first.
The Common Disaster Clause, when added to a policy, provides that if the insured and the primary beneficiary died in a common
disaster (even if the beneficiary outlived the insured by a specified number of days), it is presumed that the primary beneficiary died
first, so the proceeds will be paid to either the contingent beneficiary or to the insured’s estate, if no contingent beneficiary is
designated. Most insurers specify a certain period of time, usually 14 to 30 days, in which the primary beneficiary’s death must occur
in order for the Common Disaster Clause to apply. As long as the beneficiary dies within this specified period of time following the
death of the insured, it will still be interpreted that the beneficiary died first. The intent is to fulfill the wishes of the policyowner in
regard to payment of proceeds to beneficiaries
Example:
James had a life insurance policy that included a Common Disaster Clause. James was the insured; his wife Maggie was named the
primary beneficiary, and his son Ben was named the contingent beneficiary. James and Maggie got in a terrible car accident, and
James died immediately, but Maggie died 4 days later from her injuries from the same accident. Because the policy included the
Common Disaster Clause, the death benefit would be paid to Ben, the contingent beneficiary, as if Maggie, the primary beneficiary,
had died before James, the insured.
Policy Loan and Withdrawals
Policy Loan and Withdrawals
The policy loan option is found only in policies that contain cash value. The policyowner is entitled to borrow an amount equal to the
available cash value. Any outstanding loans, and accrued interest, will be deducted from the policy proceeds upon the insured’s death.
The policy will not lapse with an outstanding policy loan unless the amount of the loan and accrued interest exceeds the available
cash value. However, the insurer must provide 30 days written notice to the policyowner that the policy is going to lapse. Insurance
companies may defer a policy loan request for up to 6 months, unless the reason for the loan is to pay the policy premium. Policy loans
are not subject to income taxation.
Know This! Policy loans are ONLY available in policies that have cash value (whole life).
Cash loans
- Cash Loans
Whenever a policv has cash value. it has loan value. The amount available to the policyowner for a loan equals the cash value minus
any outstanding and unpaid policy loans including interest.
Loan value = Cash value - (unpaid loans + interest)
If there are outstanding loans at the time of the insured’s death, the loan amount will be considered a debt to the policy and the death
benefit will be reduced ov the amount of indebtedness
Example:
Vera has a whole life policy with a $150.000 face amount. Three years ago she took out a $50.000 policy loan: which has accrued
$3,500 in interest. If Vera dies, the policy’s death benefit will be $150,000 - $50,000 - $3,500 or $96,500.
- Automatic Premium Loans
The automatic premium loan provision is not required, but is commonly added to contracts with a cash value at no additional charge.
This is a special type of loan that prevents the unintentional lapse of a policy due to nonpayment of the premium. For example, a loan
against the policy cash value for the amount of premium due is automatically generated by the insurer when the policyowner has not
paid the premium by the end of the premium-paying grace period. It is a loan for which the insurer will charge interest. If the loan and
interest are not repaid and the insured dies, then it will be subtracted from the death benefit. While the insurer may defer requests for
other loans for a period of up to 6 months, loan requests for payment of due premiums must be honored immediately.
Usually, the policyowner must specifically elect this provision in writing to make it effective.