Chapter 2: Life Basics Flashcards
Applicant
Person making application for himself/herself or another to be insured under an insurance contract. The applicant may be the insured, the owner, or both.
Application
A written formal request by an applicant to an insurer requesting the insurer issue a policy based upon information contained in the application. It is the primary source of information used for underwriting purposes. A copy of the application, if attached to the policy, becomes part of the entire contract.
Beneficiary
One or more “parties” named in the policy to receive the policy proceeds, or death benefits, if the insured dies while the contract is in force.
Insurable Interest
The relationship that must exist between the applicant and insured, at the time of application, and policy issuance, in order for the contract to be valid.
Insurable interest also exists if a financial or economic loss by the owner results in the event that the insured dies.
Examples: Policy taken out on a family member, business partner, or debtor of the policyowner
Policyowner
The individual who has the ownership rights in a policy. The policyowner and insured are usually the same, but not necessarily. Any changes made to a policy must be approved by the policyowner in writing with his/her signature.
Third-Party Ownership
A policy owned by a person other than the insured.
Issue (Original) Age
Insured’s age on the policy issue date.
Attained Age
Insured’s age at any point in time typically used at renewal or conversion.
Effective Date
The date when insurance coverage begins.
Expiration Date
The date when insurance coverage ends.
Advertising
Producers are governed under the rules and regulations, referred to as Unfair Trade Practices, with regard to what they can and cannot use or say when soliciting insurance.
Do Not Call Registry
- The Federal Trade Commission (FTC) amended the Telemarketing Sales Rule to give consumers a choice about whether they want to receive most telemarketing calls.
- It is prohibited (under the Telephone Consumer Protection Act - TCPA) for most telemarketers or sellers to call a number on the National Do Not Call Registry.
- Companies, telemarketers, and sellers must update their list at least once every 31 days and drop from their call list the phone numbers of those who have registered.
- Calls to your home before 8 a.m. or after 9 p.m. are prohibited.
- Callers must provide their name, name of the entity, and a telephone number or address where the entity can be contacted.
Sales Presentation
Producers are required to provide all prospective buyers a Buyer’s Guide and a Policy Summary
- The NAIC instructs insurers to provide prospective purchasers these materials before accepting a premium payment or deposit, or no later than policy delivery IF the policy has a free look period of at least 10 days. State laws may expand this requirement to include that such documents be provided at the time of application or even at initial solicitation.
Buyer’s Guide
A generic brochure developed by the NAIC to assist prospective buyers of life insurance, which consists of descriptions of all basic types of life insurance, as well as comparative costs of each.
Policy Summary
Normally, a computer-generate illustration detailing:
- The premiums (current and guaranteed) to be paid along with current and guaranteed interest rates
- Guaranteed and non-guaranteed cash value and projected dividends, if any. The summary is not required to show time value of money
- The surrender values and other guaranteed data pertaining to the policy that is being shown
- The producer’s name and address, along with the address of the insurance company
Replacement
Any transaction in which a new life policy or annuity is to be purchased, and the producer knows that existing contract(s) will be:
- Lapsed, forfeited, surrendered, or terminated
- Reduced in value
- Amended with a reduction in benefit or term
- Reissued with a reduced cash value
- Subjected to borrowing
Replacing Insurer
The insurer responsible for issuing the new policy
Existing Insurer
The insurer who issued the policy to be replaced
Conservation
The act of saving or keeping the existing policy and preventing it from being replaced
Producer’s Responsibilities Include:
- Completing a Notice Regarding Replacement, which must be signed by the applicant and producer
- Obtain information regarding existing policies, including the names of the existing insurers and policy numbers (this must be provided to the replacing insurer)
- Providing copies of the Notice Regarding Replacement and any sales proposals to the applicant and replacing insurer
Replacing Insurer’s Responsibilities Include:
- Upon receiving proper notification with the new application, the replacing insurer must notify the existing insurer of the planned replacement
- Maintaining copies of the information regarding replacement for a specified period of time
**State-specific chapter may have more specific information regarding replacement
Field Underwriting
It is the producer’s responsibility to probe beyond the stated questions in the application.
Required Signatures
Both the producer and the applicant/insured must sign the application. The applicant is representing that statements on the application are true.
If the applicant is a minor, a guardian must sign the application.
Changes in the Application
Whenever an answer to a question needs to be corrected, the applicant or producer makes the correction and the applicant initials the change, or the producer can complete a new application.
Consequences of Incomplete Applications
It is the producer’s responsibility to ensure the application is filled out completely, correctly, and to the best of the applicant’s knowledge. The producer’s primary underwriting role is to make sure the application provides proper information for the insurer. The underwriter will return any incomplete application to the producer for completion by the applicant. If a policy is issued with questions unanswered, it is assumed the information is not material to the issuance and the insurer waives the right to challenge a claim based on the incomplete application.
Collecting the Initial Premium and Issuing the Receipt
Producer should attempt to collect the initial premium and submit it, along with the application, to the insurer because the policy will NOT go into effect until the first premium has been paid.
If premium is paid with a check that is not signed (or does not clear), it is not considered paid, and coverage is not effective.
The types of receipts that can be issued when the premium is submitted with the application are:
- Conditional Receipt
- Binding (Unconditional) Receipt
- Acceptance (Approval) Conditional Receipt
Conditional Receipt
If premium is paid, coverage will be in effect on the date of the application or completion of the medical exam, whichever is later, as long as the policy would have been issued as applied for.
Binding (Unconditional) Receipt
If premium is paid, coverage will begin immediately, for a specific length of time, regardless of whether the applicant is ultimately approved by the insurer. This may also be referred to as a temporary insurance agreement.
Acceptance (Approval) Conditional Receipt
The coverage becomes effective once the application is approved. If the company doesn’t approve the application, coverage never goes into effect.
Trial Application
One submitted without a premium. The policy does not take effect until the policy is issued by the insurer, delivered by the agent, and the premium is paid.
Notice of Information Practices and Disclosure - Fair Credit Reporting Act (FCRA)
Insurance company must meet requirements under the FCRA when gathering information from a third party to use during underwriting. The applicant must be notified and give consent for information to be received by a third party. This information is disclosed as part of the application and the applicant’s signature serves as the notice of information practices. This gives insurance company the right to obtain various investigative, medical, and financial reports needed to complete the underwriting process.
If insurer declines coverage, the applicant will have the right to obtain a copy of all reports from the reporting agency. This is referred to as “post application consumer review.”
Disclosure at Point of Sale - Issues Relating to AIDS
Insurers must avoid making or permitting unfair discrimination in underwriting between individuals of the same class for the risks of AIDS. Insurers must also require that strict confidentiality is maintained regarding personal information obtained through testing. They must require informed consent before testing for HIV, for which the HIV Consent Form specifies which individuals may receive the test results.
Insurance companies MAY refuse to issue a policy to individuals based on positive HIV test results. However, applicants must consent to be tested for HIV and be informed that testing for HIV may determine insurability.
Errors and Omissions
This type of insurance covers the liability of a PRODUCER or AGENCY, typically written with a deductible to reduce the frequency of claims. Claims are filed due to client reports (complaints) and for a number of other reasons. Two common complaints are:
- Inadequacy
- Negligence
Inadequacy
Failing to obtain proper type or amount of coverage on a client
Negligence
Quoting inflated information, misrepresenting a plan of coverage, or neglecting to reveal the effect information might have on the client at a later date. The producer may be guilty of negligence whether the mistakes are intentional or unintentional.
Individual Underwriting by the Insurer
Underwriting is the process of selection, classification, and rating: determining if someone is insurable, classifying the risk, and determining the rate or premium to be charged. The sources of underwriting include:
- The application
- Medical Exams
- Attending Physician’s Statement (APS)
- The Medical Information Bureau (MIB)
- Inspection Report
- Agent’s Report
The Application consists of two parts:
Part I: General questions about the applicant, such as sex/gender, marital status, residence, DOB, occupation, and past and present life insurance
Part II: Questions pertaining to medical background, past and present health, any medical visits, hospitalizations, or surgeries in recent years, and the medical status of immediate family members, including their ages and causes of death.
Medical Examinations
Conducted by physicians or nurses who provide the results of an examination and information regarding the applicant’s health. It is usually requested by the insurer after determining if the amount of coverage, age of applicant, or health history warrant the exam. It is more frequently requested due to the higher amounts of insurance applied for, coupled with the high degree of cardiovascular concerns, high cholesterol and enzyme levels, as well as the prevalence of the HIV virus. Medical exams are at the INSURER’S expense.
The Medical Exam is the only report that may be copied and made part of the policy.