Insurance Planning Flashcards
Perils
- Perils are the actual cause of a loss.
- For example: Fire, wind, tornado, earthquake, burglary, and collision.
Hazard Definitions
Hazard
Moral Hazard
- A hazard is a condition that increases the likelihood of a loss occurring.
- There are three types of hazards: Moral, Morale, and Physical Hazard.
- Moral Hazard.
- A moral hazard is a character flaw.
- A character flaw would lead to a filing a false claim.
- For example: A famous running back for Ohio State claimed his car was broken into and $10,000 worth of CD’s were stolen. There certainly wasn’t $10,000 worth of CD’s in his car and thus is an example of a moral hazard.
Hazard
Morale Hazard
Physical Hazard
- Morale Hazard.
- Morale hazard is the indifference created because person is insured.
- For example: Beth goes to the convenience store to get milk for her baby Hudson. Beth leaves the keys in her car and the car running while she goes into the store, not concerned that her car may get stolen because she has car insurance.
- Physical Hazard.
- A physical hazard is a tangible condition that increases the probability of a peril occurring.
- For example: Icy or wet roads, poor lighting, or defective equipment.
Adverse Selection
Adverse selection is the tendency of persons with higher-than-average risks to purchase or renew insurance policies.
Adverse selection is managed through underwriting, denying insurance on the front end, and raising premiums on the back end.
What are the requisites for an insurable risk?
- A large number of similar exposure units.
- Losses must be accidental from insured’s view.
- Cannot insure moral hazards because premiums would skyrocket.
- Losses must be measurable and determinable so that the insurer can accurately forecast actual losses.
- For example: It’s easy to determine the value of a house or auto, but it’s difficult to determine amount of cash in a wallet; therefore, coverage is limited. - Losses must not pose a catastrophic risk for the insurer.
- An insurer cannot provide coverage that would cause it to become financially insolvent.
- The premiums must be affordable.
Elements of a Valid Contract
- One party must make an offer and the other party must accept that offer.
- The signing of an insurance application and paying the first premium may be considered offer and acceptance.
- There must be legal competency of all parties involved in a contract.
- Both parties must be 18 or older; otherwise, the contract is voidable by the minor.
- There must be legal consideration. Consideration is whatever is being exchanged. It can be money, services, or property.
- A promise to pay (insurer) and actual payment of a premium (insured).
- The contract must pertain to a lawful purpose.
- Insurance contracts that promote actions that are illegal are invalid.
What are the three Legal Principles of Insurance Contracts?
- The Principle of Indemnity
- Subrogation Clause
- The Principle of Insurable Interest
The Principle of Indemnity
- An insured is only entitled to compensation to the extent of the insured’s financial loss.
- An insured cannot make a profit from an insurance contract.
Subrogation Clause
- The insured cannot receive compensation from both the insurer and a third party for the same claim.
- If the insured collects compensation from their insurance company, they lose the right to collect compensation from the third party.
The Principle of Insurable Interest
- Life Insurance
- Property and Liability Insurance
An insured must have an emotional or financial hardship resulting from damage, loss, or destruction.
Property and Liability Insurance – the insured must have insurable interest at time of policy inception and at time of loss.
Life Insurance – the insured only need insurable interest at time of policy inception.
Warranty
Representation
Concealment
- A warranty is a promise made by the insured to the insurer.
- A breach of warranty is grounds for avoidance by the insurance company.
- Representations are statements made by the insured to the insurer during the application process.
- There must be a material ‘misrepresentation’ to void an insurance contract.
- Misrepresenting age on a life insurance application is not material misrepresentation.
- When the insured is silent about a fact that is material to the risk.
Adhesion
An insurance policy is basically, “take it or leave it.” There are no negotiations over terms and conditions.
As a result, any ambiguities in an insurance contract are found in favor of the insured.
Aleatory
The money exchanged may be unequal. In other words, there’s a small premium, but the insured may receive a large benefit.
Unilateral
- Only one promise made by the insurer which is to pay in the event of a loss.
- The insured is not obligated to pay the premiums. If the premiums are not paid, then there’s no promise by the insurer.
Express Authority
Which is given through an agency or written agreement.
The insurer is responsible for acts of an agent based on express authority.
Implied Authority
- Implied authority is the authority that the public perceives.
- The actual delivering of an insurance contract and accepting a premium is an example of implied authority.
- The insurer is still responsible even if a client is misled.
Apparent Authority
- Apparent authority is when the insured believes the agent has authority to act on behalf of the insurer when in fact, no authority actually exists.
- Apparent authority could be inferred based on business cards or a sign on the wall, but the agency agreement actually expired.
- If an agent represents that insured can purchase a policy from an insurance company that has not renewed that agent’s agreement, they may still be held responsible.
Insurance Rating Agencies
A.M. Best’s
- Highest Rating: A++ to A/A-
- Lowest Rating: C/C- to D
Moody’s
- Highest Rating: Aaa to Aa1/Aa2
- Lowest Rating: B1/B2/B3 to Caa
Standard and Poor’s
- Highest Rating: AAA to BBB
- Lowest Rating: BB and lower CC
National Association of Insurance Commissioners (NAIC)
- Provides a watch list of insurance companies based upon financial ratio analysis. - Ratios measure the financial health of insurance companies.
- NAIC has no regulatory power over the insurance industry, but is involved in accrediting state insurance regulatory offices.
What are the five dividend options?
- Cash – clients receive the money and can use it or invest it as they wish.
- Accumulate at Interest – the company invests the dividends and they are tax-free up to the client’s basis in the policy. Interest paid on the dividends is taxable.
- Reduce Premiums – decreases the out of pocket expense for premiums.
- Paid-up Additions – purchases additional insurance each year for insured regardless of health or occupation.
- One-year Term – adds term insurance each year to the policy face amount equal to cash value of the policy. Also known as the 5th dividend option on the CFP® Exam!
Life Insurance Nonforfeiture Options
Cash Surrender Value
- Insured receives the accumulated cash value when terminating the life insurance policy. The cash surrender value is the cash value less surrender charges.
Reduced Paid-up Insurance
- Insured receives the cash value in the form of a paid-up policy with a smaller face amount.
Extended Term Insurance
- The insured receives the cash value in the form of a paid-up term policy for a specified duration, with the same face amount as the original policy.
Define Absolute Assignment and Collateral Assignment
Absolute Assignment
The owner transfers all policy ownership rights.
Collateral Assignment
Collateral assignment is used for collateral on debt, which only assigns limited ownership rights.
The assignment automatically terminates when the debt is satisfied.
Taxation of Life Insurance
Death benefits are generally excludable from taxable income.
- Exception is the “unholy trinity” where the insured, beneficiary, and owner are all different. If the insured dies under an “unholy trinity” policy, then the owner of the policy has made a taxable gift to the beneficiary.
DIVIDENDS OF LIFE INSURANCE:
- If dividends are distributed then they reduce the basis and will be taxable when they exceed basis.
- If Divs are left in the policy, then they do not reduce basis, they can either be put into the cash value or offest the premiums.
- If you choose to invest them in the insurance company’s separate account, then the interest on them is taxable.
4
Loans against life insurance are tax-free. However, the exception is if the contract is MEC. If a contract is deemed a MEC any loans or withdrawals will be treated using the LIFO method. (How a policy becomes a MEC is defined in the next section.)
Exchanges for one life insurance policy to another or annuity, does not create a taxable event.
Exchanging an annuity for life insurance creates a taxable event.
MECs
MEC’s subject to 10% penalty if withdrawals before age 59½.
A policy is a MEC if it fails the 7 Pay Test.
A contract fails the 7 Pay Test if the cumulative premiums paid exceed the premiums due for the time period being considered.
If the contract is deemed a MEC the withdrawals are taxed on a LIFO basis.
If the contract is not a MEC the withdrawals are taxed on a FIFO basis.
MEC status only affects withdrawals and the ability to take loans, not the taxation of proceeds at death.
If the client does not intend to take a withdrawal or loan, then creating a MEC is of no consequenc
Transfer of Life Insurance Policy for Value
Rule Regarding Taxation
Exceptions
Taxable to transferee to the extent proceeds exceed basis.
Exceptions to Transfer for Value Rule:
Transferred to the insured.
Transferred to a business partner of the insured.
Transferred to a partnership of the insured.
Transferred to a corporation in which insured is a shareholder or officer.
Transfer that results in carryover basis from transferor to transferee.
Taxation of Life Insurance Premiums
Premiums paid by the insured are not tax deductible by the insured.
Group life insurance premiums paid by an employer are deductible by the employer.
Premiums paid by the employer are taxable income to the employee, to the extent that they exceed $50,000 of coverage.
An employee must impute taxable income for benefits in excess of $50,000.
The imputed income is a function of age and amount of benefits per $1,000 in excess coverage.
If the employer provides permanent life insurance coverage and pays the entire premium, the employee is taxed on the non-term portion of the premium; this portion of the premium is deductible by the employer
Definition of “Chronically Ill”
A chronically ill individual is a person who is not terminally ill but has been certified by a licensed health care provider as being unable to perform, without assistance, at least two activities of daily living for at least 90 days, or a person with a similar level of disability.
Activities of daily living include:
eating,
toileting,
transferring,
bathing,
dressing, and
continence.
Taxation of Annuities
For annuities after 1982 and premature withdrawals, the withdrawal receives LIFO tax treatment.
Any annuity prior to 1982 premature withdrawals receive FIFO tax treatment.