Chapter 4 Flashcards
Contractual provisions
Explain what the contract consists of, what duties and responsibilities the parties to the contract have, how the policy works, and basically spells out the agreement between the policy owner and insurance company
Provisions and clause unlike riders, are included in the contract for no additional charge
Entire contract Clause
Provision describes the parts of the life insurance contract. Entire contract consist of the policy, riders, amendments, and a copy of the application.
Incontestable Clause
Within the first 2 years, the insurer may contest and void the contract upon proof of a material misstatement or fraud.
Insuring Clause (proof of death)
Found on front page of policy and is considered the most important clause in the policy. It identifies the parties to the contract and the perils or conditions in which it will pay.
Insurance company promise to pay the policy’s death benefit to the named beneficiary after receiving proof of death
Consideration Clause
Specifies the amount and frequency of premium paid by the owner as something of value provided in exchange for the company promise to pay
Suicide Clause
If the insurer commits suicide, within 2 years of issue date, insurer liability is limited to a refund of premium
Owner rights
Policyowner retains all rights in the policy. unless the insurer is also th policyowner, the insurer doesn’t have rights. The policyowner has the right to name or change revocable beneficiaries, borrow against the cash value or access living values, receive dividends, and select among the dividend options.
Assignment
Transfer of ownership. Two types of assignments:
Absolute
Collateral
Absolute Assignment
Original owner, will name a new owner of the policy. This is considered a permanent assignment. The full amount of the policy is assigned, and this is referred to as a transfer of ownership
Collateral Assignment
Does not cause a permanent change in ownership. Is typically used when policy is used as collateral for a loan. TEMPORARY assignment until debt is paid in full.
Misstatement of Age or Gender
Have be misstated in a policy, all benefits under the policy will be provided based upon insureds correct age or gender according to the premium scale in effect at time of policy issued. Insurer can refund any overpaid premiums if the amount paid was greater than should have been paid
No time limit for discovery, never cancels or voids policy
Free Look (Right to Examine Period)
Allows policy owner a specific number of days following receipt of the policy to look it over. Owner has the right to return it for full refund of premiums paid.
Usually 10 days, starts in date policy is delivered
Exclusions
Conditions stipulated in the contract for which the insurer will not provide coverage. Cannot add or alter any exclusion after policy has been issued
Aviation- student pilots Status Clause- military status Result Clause- death at war Hazardous Occupation Hazardous Hobbies Suicide
Accelerated Death Benefits
Provide early payment of a portion of the face amount prior to death. Qualifying as terminal I’ll or chronically ill. Do not have to be repaid if health improves, but amount received reduces remaining death benefit
Terminal I’ll-Death within 24 months
Chronically ill- last 12 months can’t perform 2 daily activities
Mode of premium
Provision addresses frequency of premium payments (monthly, quarterly, semiannually, annually) and to whom the premiums are payable
More frequent the payment the greater the cost