CFP Insurance Flashcards

1
Q

Insurable interest

A

Must be in place at issuance AND loss for P&C
Only issuance for Life insurance

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2
Q

Indemnity

A

only applies to P&C insurance - seek to reimburse for approx the amount lost
in life insurance, you are buying for specific amount

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3
Q

Aleatory contract

A

Applies to insurance
outcomes are random, $ spent by parties is unequal

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4
Q

Contract rescission

A

deemed null from the beginning due to fraud or misrepresentation

if someone failed to disclose info on life insurance contract for example - refund premiums and rescind contract

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5
Q

Collateral SOURCE

A

damages can be collected from insurance AND the negligent party

prohibits admission of evidence that the victim has rec’d comp from some other SOURCE

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6
Q

Insurance SUBrogation

A

Insurer takes over SUBstitute rights to sue the negligent party

Substitution of another person / group in respect to debt or insurance claim

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7
Q

Parts of insurance contracts

A

De-DICE
Declarations - specific to you, rest is boilerplate
Definitions - key terms
Insuring agreements - promises of company
Conditions - duties of BOTH parties
Exclusions - won’t pay

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8
Q

Intentional vs unintentional tort

A

Tort: wrongful act other than breach of contract for which civil action may be brought

Intentional infringement (assault, libel, slander)

Unintentional - negligence or carelessness

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9
Q

Negligence: Negligence per se

A

violates a statute
crosswalk, school zone

In a tort case, a defendant who violates a statute or regulation without an excuse is automatically considered to have breached their duty of care and is therefore negligent as a matter of law.

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10
Q

Negligence: Absolute liability

A

workers comp, wild animals
intent does not matter, not entitled to any defence
hazardous conditions resulting in loss

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11
Q

Negligence: Strict liability

A

product / manufacturers
intent does not matter
can use due diligence as defense

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12
Q

Negligence defense:
Comparative negligence

A

if injured party ALSo had some negligence that doesn’t defeat the claim but may reduce damages
A 20% negligent, B 80% negligent

Think, COMPARED to the other person, i hardly did anything wrong

Contributory vs Comparative varies by state

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13
Q

Negligence defense:
Contributory negligence

A

ANY negligence on part of the injured party completely defeats the claim
Jaywalking, drunk driving

Contributory vs Comparative varies by state (VA is contributory)

For example, if Haley walks into a crosswalk without looking and Debbie fails to stop at the crosswalk, and a jury finds Debbie 99% at fault and Haley 1% at fault, Haley would not be allowed to recover damages under contributory negligence.

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14
Q

Negligence defense:
Last clear chance

A

The last clear chance rule was created by judges to ease the harsh effects of contributory negligence. Judges in states that followed the contributory negligence rule believed that negligent plaintiffs should still be able to get some compensation in certain situations, rather than come away with nothing.

A negligent plaintiff must prove that, as between the plaintiff and the defendant, the defendant was the one who had the last opportunity to change course and avoid injuring the plaintiff.

example: road rage

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15
Q

Life insurance needs analysis - 2 approaches

A

Needs analysis - based on survivors needs
Capital utilization - how much income do i need to cover - nothing left over at end
Capital needs approach aka capital retention - interest only

Human life value - how much income was i earning

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16
Q

Negligence defense:
assumption of risk

A

skiing, stock car races

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17
Q

Negligence: Attractive nuisance

A

swimming pool, vacant lot

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18
Q

Negligence: Vicarious liability

A

principals are responsible for agents

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19
Q

Calc life insurance need using capital retention

A

Annual need / (Growth rate - inflation rate) = total amount
PLUS
Beginning of year 1 money

$36k / 3% = $1.2M + 36K = $1,236,000

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20
Q

Participating policy

A

pays a dividend
from higher than expected return
or
lower than expected mortality / expenses

originally only mutual insur co’s (owned by policyholders) but stock insurance co’s (owned by stockholders) may offer as well

nonparticipating policy profits are retained for shareholders

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21
Q

Insurance ratings

A

A.M. Best (Think which is BEST)
A++ to F

(other is S&P)
Only AM Best provides detailed historical data on carriers. The others may just provide ratings.

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22
Q

Law of agency (insurance)
Types of Authority

A

no presumption that one person can legally act as agent for another
ability of an agent to act and bind the principal (insurer) comes from three sources:
1. Express authority - written, explicit direction (Agency agreement (contract)
2. Implied authority - what public believes the agent holds based on signage, rate books, etc
3. Apparent authority - negligence on part of principal / insurer in allowing the agent to APPEAR to have the authority (often w/terminated agents)

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23
Q

Sections of Homeowners Policy

A

Section I
A - Abode - dwelling and attached structures
B - Buildings - detached structures
C - Contents - Boats/Trailers limited to $1k, no motorized vehicles or aircraft except lawn mower, no animals/birds/fish, no renters property, no personal property in renters space
D - Days Inn - loss of use
Section II
E - Enemies - comprehensive liability
F - First Aid - medical payments

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24
Q

Basic vs Broad vs Open coverage

A

BASIC
WHARVES / FLT
windstorm/hail/aircraft/riot, vandalism, vehicles, explosion, smoke, fire, lightning, theft

BROAD + RAF
riot, artificially generated electricity, falling objects, freezing pipes

OPEN - best all forms not excluded

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25
Homeowners exclusions
Earth movement / earthquake Flood / water damage Neglect Intentional loss Power Failure War Nuclear Ordinance or law Note: Sinkhole is covered
26
HO-6
Condo coverage may include loss assessment (dues from condo association) coverage for shared portions
27
HO-4
renters may be required for non-married resident's property
28
HO-8
older home - think 8 letters in HISTORIC
29
HO-7
Mobile Home think 7 letters in TRAILER
30
HO-2 vs HO-3 vs HO-5
HO-1 (basic across ABCD) HO-2 (OK) Broad across ABCD HO-3 (Better) Open for A, Open 10% for B, BROAD 50% C, Open 30% D HO-5 (Best) Open for A, Open 10% for B, OPEN 50% C, Open 30% D Both are 10-50-30% B-C-D HO5 is all OPEN HO3 is BROAD for Contents Basic: WHARVES/FLT Broad: + RAF Open: any peril except specific exclusion Know percentages
31
Personal Article Floater (PAF) Valuation
Based on "valued" basis - insured for specified amount "agreed-value"
32
Valuation for homeowner's loss
Replacement value applies ONLY to buildings ACV for personal property = replacement - depreciation
33
Property Loss Calculation
if insurance coverage is < 80%, THEN insurance pays ACV minus deductible, or the formula: ((insurance carried / insurance required) * the loss amount ) minus deductible = amount paid if dwelling insurance is >=80% then use ACV
34
Auto policy sections
Part A: All my fault - Liability BI/BI/PD (1 pers/3 pers/per accident) Part B: Bed (hospital) Medex Part C: Careless Uninsured (This is LIABILITY coverage not medex) Part D: Damages Collision / Other than collision (Comprehensive) Other than includes hitting bird/animal, falling objects, earthquake and flood, theft, riot
35
Covered individuals on auto policy with a divorce
Named individual keeps the policy even after spouses separate. Not tied to address. Covered until new policy or 90 days following change
36
Commercial insurance Business Owners Policy
covers real property, contents, general liability not professional coverage
37
Inland marine insurance Business policy
Floater for business property that provides "all risk" coverage example: cameras for photographer As opposed to “marine insurance,” which covers products when transported over water, inland marine insurance covers products, materials and equipment when transported over land—e.g., via truck or train—or while temporarily warehoused by a third party. Collisions and cargo theft are the two most frequent causes of inland marine losses.
38
Workers comp coverage /tax
Absolute liability - liable even if not at fault Always tax free covers Medex, limited disability income (short waiting period), death benefits, rehab NOT: retirement benefits or sick leave
39
Medicare Part A
Inpatient Hospital stays limited to 150 days $1632 flat deductible 1-60 1st deductible - $0 coinsurance 60-90 2nd deductible - $408 coinsurance per day 90-150 3rd deductible - $816 coinsurance per day (up to 60 lifetime reserve days) Beyond lifetime reserve days: all costs Post hospital SNF Post hospital home health Hospice for terminally ill patient covers first 3 pints of blood
40
Medicare eligibility
age 65 and entitled to social security or disabled bene's receiving soc sec disability Apply 3 months prior to age 65
41
Medicare Part B
no stop loss coverage 80% after deductible covers drugs/infusions that cannot be self-administered premiums 10% higher with each 12 month delay unless on an ER plan
42
Medicare Part B SNF coverage
LIMITED! Think 100%-balance amt-0% First 20 days: Medicare pays 100% Days 21-100: everything over specified amount ($200 / provided in question) Days 100+ : Patient pays 100% must follow hospital stay of 3 days or more, and within 30 days not for Alzheimer's
43
COBRA employees
Fewer than 20 exempt counts total employees, not employees in health plan EE must be participating in plan to be covered includes dental vision but not disability
44
HSA and Medicare can you contribute to HSA?
Eligibility only - can still contribute Enrolled - can no longer contribute
45
HSA and medical premiums
Allowed tax free for: COBRA coverage while on unemployment Medicare premiums and OOP QUALIFIED LTC (not qualified if there is a DB > life ins) Not allowed for: Medigap premiums Also: CANNOT use FSA for LTC premiums
46
HSA withdrawals penalty for non medical expenses
After age 65, no 20% penalty Income taxable if used for other than healthcare
47
Most important aspects of disability policy
1. Own occ 2. COLA cost of living adjustment
48
Definitions of disability
Own occ Any occ (aka Modified own occ or modified any occ) Total disability "Unmodified any occ" - unable to engage in any activity Split def - changes definition over time (common in group policies) "Loss of income" - not specific to type of disability - focuses on economic loss after an event - can be partial %
49
Presumptive disability
sight, hearing, speech both hands both feet one hand one foot can vary
50
Disability ending date
Typically age 65 Never cut benefit period to reduce premium
51
Long Term Disability coverage amount
Typically 50-60% but someone at $400k could be 30-50%
52
Non can vs guaranteed renewable
Disability continuance provisions Non cancelable - can keep at stated premium. more expensive. Guaranteed renewable - less expensive bc premiums can go up Conditionally renewable - beyond age 65 usually 2 year benefit only if an active employee
53
Disability waiver of premium provision
Most individual policies include this but not all group policies do not have waiver waives premiums if totally disabled and expected to last min period (ie 90 days or longer)
54
Disability Residual benefits rider
pays an amount proportional to income lost pays for same duration as maximum benefit period
55
Partial disability rider
typically 50% of total disability benefit max period 3-6 months
56
SIS benefit amount
social insurance substitute = SIS benefit - social security disability rec'd
57
Disability taxation
Individual owns contract and pays premium (SLUG-HUG) premiums paid with after tax $, benefits tax free EMPLOYER always deducts * EE owns contract, ER pays premium under bonus arrangement like section 162 premiums deductible by ER as bonus, EE takes premiums as income benefits tax free (SLUG - HUG) * EE owns contract, ER pays premium under salary continuation plan Premiums deductible by ER, paid with pre tax $ Benefits taxable (HUG - SLUG) * S CORP/Partnership premiums deductible for greater than 2% shareholders pass through premiums to EE/owners as income Benefits tax free (SLUG- HUG)
58
LTC premium deductibility
subject to 7.5% medical expense AND limited by age More than 50 but not more than 60 $1,760 More than 60 but not more than 70 $4,710 More than 70 $5,880 Part of premium deductible on 1040 for self-employed dependent on age
59
Guaranteed renewable vs guaranteed insurable (Disability)
G. renewable (vs non can) - a continuance provision selection renewable if you can pay for it (premiums will go up on a class basis, not individual) only do this over non can to reduce premiums G. insurable - right to get more in future without proof of insurability, subject to underwriting. costs additional premium $
60
Qualified LTC policy
cannot provide cash at surrender now a non-qualified plan (for deductibility of premiums)
61
NTQ Non Tax Qualified LTC
may be called "Traditional LTC" premiums not deductible may include medical necessity trigger to be certified by doctor
62
Life insurance Term vs Perm
short term need / long term no cash value / cash value lower cost / higher cost
63
Whole life
Perm lower risk insurer controls investment returns assets part of general account Not flexible lifetime payments or limited pay # of years loans OK creditor protected
64
Universal life "UL"
Perm lower risk insurer controls investment returns assets part of general account More flexible Premiums and level of protection can adjust up or down
65
Variable life / Variable universal
Think Variable investments - requires series 6 to sell Higher risk tolerance Client controls investment returns Assets in separate account if insurer goes bankrupt, keep cash value but not DB No dividends Variable life - premium fixed but cash value can decrease Variable Universal life VUL premiums and level of benefits can be adjusted up or down
66
Life insurance Option A or Option B
For Universal & Variable Universal Option A - Level DB aka Type I (no cash value) Option B - Increasing DB includes cash value Type II unless specified assume Option A
67
Life insurance option Decreasing Term
For mortgage protection that goes down over time
68
Life insurance Re-entry provision
allows for renewal at expiration through simplified renewal process if not qualified due to declining health, renewed at much higher premium
69
Life insurance ART /YRT vs level term
annual renewable or yearly renewable renewable each year at higher premium without proof of insurability DB stays level vs LEVEL Term stays flat
70
Life insurance provision Incontestable Provision=No extra premium
validity of contract cannot be questioned after 2 years (except fraud)
71
Life insurance provision Suicide
within two years, amount payable = premiums paid
72
Life insurance APL Provision=No extra premium
automatic premium loan WHOLE LIFE only (no cash value with term)
73
Life insurance Reinstatement Provision=No extra premium
allows for reinstatement within specified time period after default on premiums WITH PROOF of INSURABILITY
74
Life insurance Conversion
Term > Perm no evidence of insurability
75
Life insurance Non forfeiture (For cash value plans)
From table, per $1000 of face amount DB 1. Cash value surrender 2. Paid up reduced amount (Not PUA). Decreased DB. 3. Extended term (same DB, shortened term) for as long as cash value will cover. Highest risk to insurer.
76
Life insurance Disability waiver of premium RIDER = extra cost
Whole life premium is waived For UL/VUL disability benefits pay charges for 1 mortality and admin expenses or 2 full premium
77
Life insurance Dividend options
CRAPO 1. Cash 2. Reduced premiums 3. Accumulated with interest (interest portion is taxable) 4. Paid up additions. Most common, makes it like Option B/type II in universal. 5. One year term (5th div) - often used to make up / cover a policy LOAN
78
Life insurance Settlement options
Cash Interest only - for temporary period of decision making Annuity options: Refund Pure life / single life Period certain and life - Installments for fixed period Specified income - installments for fixed amount Joint and survivor For spendthrift option>> installment of fixed amount Balance at insurance co is protected from creditors of beneficiary
79
Second to die policy
usually for estate tax concerns / estate liquidity
80
Endowments
wrong answer! since 1984 no longer qualify as insurance contracts
81
Section 1035
Life ins and annuity exchanges CANNOT BE DONE IF INSURED CHANGES Else L > L L > A A > A A > L (Not qualified 1035) Lindsay Lohan went to LA to go to AA she did not go to AL Life insurance and annuities can now be exchanged tax free for Qual LTC policy or Life with LTC benefit
82
Accelerated benefit rider
For life insurance early payout Terminally ill (< 2 years to live)- like a loan against death benefit. not taxable. Chronically ill (long term care, 2 ADLs) tax free can only be used for qualified LTC services / non-reimbursed from other providers
83
Viatical sale
only for terminally ill TRANSFER FOR VALUE sales proceeds tax free DB not included in estate but any remaining proceeds are Viatical company pays ord income tax on the gain (DB minus purchase price minus premiums paid = their basis)
84
Life settlement
The only time life insurance is taxed aside from viatical Look for LTCG OLD, not chronically or terminally ill , over 65 premiums paid: tax free basis ordinary income: from basis to cash value LTCG: from higher of cash surrender value (or fed income tax basis) to the net settlement proceeds
85
Life insurance Taxation at surrender
Cash value above cost basis = ordinary income Remainder is return of premium Basis = Premiums paid minus dividends (return of premium) Cash value = CV - loans + PUA Can make a loan taxable if amount owed exceeds what was paid in
86
Life insurance Taxation of DB
Tax free to beneficiary unless transfer for value
87
MEC
life insurance contract entered into 6/21/1988 and fails to meet the "seven pay test" (excess premiums paid in first 7 years) aka SINGLE PREMIUM LIFO taxation + Penalty < 59 1/2 Taxation of distributions (loan or withdrawal) like an annuity 1. Interest first LIFO 2. 10% penalty for distribution < 59 1/2 unless disabled 3. No tax on DB 4. Dividends taxable as income if: cash, reduced premiums, or repayment of loan used to be used as huge tax shelter Non MECs: No taxation of loans or withdrawals Cash value grows tax deferred for both DB excludable from income for both
88
How to lose grandfathered status
Rule #1 DB increases more than $150k Rules #2 any change to DB where proof of insurability / physical required MAY become a MEC
89
Transfer for Value MAKES DB Taxable!
Policy transfers for consideration/value from one owner to another. Exceptions: I to the Insured C to a Corporation where insured is shareholder or officer D pursant to Divorce P to a business Partner of the insured transfer for value exposure: to a spouse, adult child, or irrevocable trust to keep out of estate corporate transfer from entity purchase to cross sell
90
Life insurance Gift vs Sale
Gift to a family member is a taxable GIFT but not a transfer for value SALE to a family member is not a taxable gift but causes transfer for value
91
Loans you don't have to pay back
Life Insurance Grandma (haha)
92
Life insurance Provision vs Rider
Provisions - no extra premium Riders - extra $$
93
Life insurance Guaranteed purchase option / guaranteed insurability option RIDER = extra premium
may buy additional insurance regardless of insurability at three year intervals up to certain age
94
Life insurance Accidental death/double indemnity RIDER = extra premium
Doubles 2X death benefit if insured dies accidentally
95
Life insurance Grace period Provision = no extra premium
31 days
96
Life insurance Misstatement of age Provision = no extra premium
benefits adjusted to what would have been paid at the correct age
97
Life insurance dividends/interest
Whole life - participating - pays dividends - not taxable unless interest Universal pays interest at a stated rate
98
Illustrations
policy financial information for new policy (Life Ins) can be used to compare across providers preliminary and final must include: Name of insurer Name and address of producer Name age and sex of proposed insured Underwriting and rating classification Initial death ben
99
NAIC
national association of insurance commissioners voluntary association of admins from each state NO LEGAL power but info exchange and regulatory coordination 12 ratios monitored 4 ratios outside normal range puts co on watch list
100
Entity Purchase / Cross Sell Life and Disability STEP UP
Cross Sell Life Cross Sell Disability both have step up for the person who takes over the dead/deceased persons interest Entity purchase - NO X Sell
101
Entity Purchase / Cross Sell Life and Disability Deductibility
NONE No cross sell or entity purchase is deductible Neither disability nor life
102
Entity Purchase / Cross Sell Life and Disability Benefits taxation
TAX FREE cross sell or entity purchase life or disability
103
Entity Purchase / Cross Sell Life and Disability Sales proceeds taxation
Entity purchase - LIFE: Sale proceeds from buyout to family of deceased are tax free but ARE IN ESTATE Disability: Sale proceeds are LTCG if a complete redemption of the owner's stock (for both entity purchase and cross sell)no
104
Key employee life insurance
Employer is owner and beneficiary premiums non deductible death benefits tax free
105
Annuity pros/cons
For pure life/single life annuity Pros: guaranteed stream of income cannot outlive principal no residual value for estate taxes Cons: no inflation increase usually usually cannot get to principal for emergencies may die before return of principal realized with nothing left for beneficiaries
106
Annuity taxation
After 1982, LIFO (pre 1982 FIFO) - like a MEC withdrawals < 59 1/2 have 10% penalty Withdrawals/Surrender: Amounts exceeding basis subject to ordinary income tax Annuitization: Basis / Expected Return Payout (monthly $ x 12 x # of years) is the tax free Exclusion ratio Annuities tax deferred if owned by person Not tax deferred if owned by corporation/entity - ord income
107
Group Life taxation
If ER coverage exceeds $50k, EE taxed on the cost (Table I) coverage over $50k minus any amounts EE paid IF DISCRIMINATORY plan, No $50K tax free for KEY employees.
108
Highest annuity payout method
Pure Life other options: period certain - # payments beyond death joint with survivor - until both people die refund - remaining value refunded to estate
109
QLAC
Qualified Longevity Annuity Contract funded from IRA or qualified retirement plan to avoid outliving retirement savings can also defer income tax by reducing RMDs
110
Variable annuities / life insurance
when the need is "attempt to keep up with inflation" or "keep up with market conditions"
111
Group life coverage for dependents
Not part of $50k exemption Exemption only $2k after which EE pays tax on premiums
112
FSA
No income tax / FICA / FUTA No LTC Not HSA Medical cap $3200 Dependent care $5000 per EE - for kid under age 13 if married both spouses must work in order to qualify, unless 2nd spouse is disabled or student if earnings less than $5k, benefit limited to earnings reduces amount avail for dependent care credit
113
Section 125 cafeteria plans
No LTC No FICA/FUTA
114
VEBA
voluntary employees' beneficary association like an HSA but funded by ER often used for retirement ** No deferred comp
115
Split dollar plan
For execs shared premiums and benefits between ER & EE EndoRsement method - for key employees ER is owner, pays premiums EE is not a shareholder @ Death or surrender - ER keeps cash value, EE bene gets remainder Collateral ASSIGNment method - for C suite EE is owner, EE is Shareholder EE ASSIGNs policy (assigns premiums paid by corp back to corp to be paid back) @ Death or surrender - ER receives prem's paid, EE gets balance of cash value (surrender) or bene gets DB balance EE charged with Table cost
116
Abel Aboutoretire is turning 65. He will be covered under Medicare A but not by Medicare B. Can he buy a Medigap policy? A. No, the gap is too large. B. Yes, but it will only cover him for Medicare A. C. Yes, it will completely cover him for Medicare A but will only partially pay under the B portion. D. No.
6 MONTHS AFTER electing part B Medigap policies are available only to individuals currently enrolled in both Medicare Part A and Part B. Persons age 65 or older may buy any available Medicare supplement policy at any time during the 6-month period after initial enrollment for Medicare B benefits.
117
Medicare Part B election when covered by workplace plan
EIGHT MONTHS! When the employment ends, the insured has three options: Elect COBRA coverage, which continues health insurance coverage through the employer’s plan (in most cases for only 18 months) and probably at a higher cost to you Sign up for Part B within 8 months without penalty. Individuals who enroll in Part B after 8 months may be required to pay an increased premium. Upon signing up for Part B, your Medigap open enrollment period begins
118