INSURANCE Flash cards
1 Aleatory
An aleatory contract is a contract of unequal exchange. One party stands to receive more than the other.
1 Unilateral
Only one party in the contract can be held to a promise. The insurer makes a promise to pay if a claim occurs. The policyholder is not obligated to pay a premium.
1 Estoppel
To be legally stopped from being able to enforce one’s legal right.
1 Fair Credit Reporting Act (FCRA)
It is federal legislature designed to protect consumer information.
- The act requires that the applicant knows who is gathering the information
- The applicant has the right to see the information, in order to verify its accuracy
- The applicant has the right to have any misinformation corrected.
If necessary
1 Implied
Implied authority is real authority the insurer grants the agent, but is not written in the agency agreement.
- Powers are not spelled out or expressed by the company, however the power’s are allowed and may even be expected by the company.
1 Expressed
Express authority does not have to be assumed, it is real
- the powers and authorities expressed in the agency agreement.
1 Apparent
Apparent authority is not an official authority. ABC company created circumstances that lead to the client making an assumption. From the clients perspective this authority looks real even when it is not. No agent has unlimited birding authority.
- is not a “real” authority look “real” from the clients perspective, but it does not actually exist as a “real” authority.
1 TEN DAY
FREE LOOK
1 The formation of a contractual agreement
- Competent parties (legal capacity)
- Legal purpose
- Offer and acceptance (Agreement)
- Consideration
3 An Equity Indexed Annuity
Is a fixed annuity with investment returns tied to changes in a specific equity index.
- Equity indexed annuities have an investment return tied to a specific equity index, such as the Dow Jones, Industrial Average or the Standard & Poor 500.
- It is not a variable product, it’s a fixed annuity.
1 Indemnity (Indemnify, Indemnification)
To make whole, no more no less
9 Multiple Employer Welfare Arrangement (MEWA)
A group of small employers coming together to self insure.
Interest
The death benefit has to be paid out in sixty days or they have to pay the beneficiary/Insured 8% of interest.
5 Viatical Settlements
If the policyholder chise to sell the life insurance contract to an investor in order to receive funds from the death benefit prior to the insured’s death, this is called a viatical settlement.
An investor purchases the policy in anticipation of collecting the death benefit upon the death of the insured. As the new owner, the investor changes the beneficiary designation to themselves
2 Universal Life - Option A does what
it increases in order to maintain its tax status.
“Level death benefit”
the death benefit consists of risk plus cash value. The risk is greatest at the beginning of the policy and is designed to reduce over time as it is offset by a growing cash value account.
- Has a death benefit that increases in order to maintain its tax status