Insurance Planning Flashcards
Types of Risk
- Pure: chance of loss or no loss (insurable)
- Speculative Risk: chance of loss gain or no loss (uninsurable)
Fundamental vs. Particular Risk
Fundamental:
- Risk that can impact a large number of people. E.g natural disaster
- Difficult for insurance companies to insure
Particular:
- impacts one person
Subjective vs. Objective Risk
- Subjective is based upon the individual’s perception of risk.
- Objective risk is the difference between an actual loss from expected loss
Nonfinancial vs. Financial Risk
- Nonfinancial results in a loss that is not monetary
- Financial risk results in money being lost
Probability of Loss
- the chance of a loss occuring
- greater the sample size, the more efficient
- the more measurable the loss, the more efficient the premiums
- life insurance is efficient; long-term care is not
Law of large numbers
- the more often an event occurs, the more likely that the true probably will reveal itself
- helps reduce objective risk
Peril
- The actual cause of the loss: fire, wind, earthquake, etc.
Types of Hazards
- moral hazard: based on a character flaw (e.g. filing a false claim)
- morale hazard: the indifference created because person is insured (e.g. leaving car unlocked)
- physical hazard: a tangible condition that increases the likelihood of a peril occuring (e.g. icy road)
Requisites for an insurable risk (5)
- A large number of homogenous exposures
- Losses must be accidental from the insured’s view
- losses must be measurable and determinable
- losses must not pose a catastophic risk for the insurer
- premiums must be reasonable and affordable
Legal Principles of Insurance Contracts
- Mutual consent
- Offer and acceptance - automatic; sometimes conditional
- Performance or delivery - the party to a contract must perform a duty
- lawful purpose - must not be illegal
- legal competency - minor can’t sign contract
Indemnity
Insured is only entitled to compensation to the extent of the insured financial loss.
Subrogation clause
The insured can’t receive compensation from the insurance company and a 3rd party for the same claim.
Insurable interest
- The insured must have an emotional or financial hardship resulting from damage, loss, or destructive (related by blood, marriage, or business)
- Property and liability - must have an insurable interest both at inception and at time of loss
- Life insurance - only must have insurable interest at inception
Warranty
Warranty: a promise made to insurance company (e.g. installing sprinklers) by the insured.
Concealment
Concealment: being silent to a material fact
Adesion
Insured has no negotion power for any terms; rulings are usually in favor of insured if there is a gray area.
Aleatory
Aleatory: unequal exchange of mone
Unilateral
Only one promise in an insurance contract, which is made by the insurer and is to pay in the event of a loss
Law of agency
Agent is a legal representative of the insurer.
General agent - represents on insurer
Independent agent - represents multiple companies
Express, Implied and Apparent Authority
- Express: Authority given to the agent through the agency agreement
- Implied: Authority is perceived based on: signs on door, business cards, etc.
- Apparent authority; no authority exists; if incorrect representation is made by agent or agent is no longer affiliated with company, insurer is still responsible
Waiver and Estoppel
- Waiver: Relinquishing a known legal right
- Estoppel: Being denied a right that you would normally have. Applies when one person gives false information which causes harm to another person.
Types of insurance companies
- Stock insurance companies: Issue stock
- Mutual insurance companies: Owned by policy-holders, not shareholders
Underwriting
The process of classifying applicants into risk pools.
Adverse seletion
- The tendency for higher than average risks to purchase or renew insurance.
- Premiums depend upon the balance of favorable and unfavorable risks.
- Managed through underwriting by:
- raising premiums for high risks on front end
- raising premiums for high risks on back end
- denying insurance for high risks
Reinsurance
- used by insurance companies that don’t want to hold all the risk
- Insurer transfers the all or some of the risk to another insurer.
- reduces exposure to catastophic risk
Features of insurance contracts
- Definitions
- Declarations - amount of coverage
- Description of what is insured - listing of items/address
- Perils covered
- open perils - any kind of loss
- named perils - specific kinds of loss
- Exclusions
- Conditions - what insured and insurer must do
- Other provisions (errors of age/sex, suicide exclusion, payment of benefits (how/who paid), grace period - generally 30-60 days)
Riders and Endorsement
- Written additions to policy
- Customization of policy.
- Riders take precedence.
Deductibles
Amount insured has to pay before benefits begin
Help eliminate small claims
Copayment
Paid in addition to deductibles
Insured pays a portion of the losses
Coinsurance**
Helps deter undervaluation of property by insured (offsets having 300K insurance on a 500K property)
Amt. of insurance carried/(coinsurance*loss)=
amount of settlement, - deductible = amount paid
Pay the higher of the calculated amount or the depreciated amount (actual cash value)
See book example
Valuation of insured losses
- agreed-upon value (appraised art, antiques)
- replacement cost value
- actual cost value (ACV - replacement cost minus depreciation) (most auto policies)
State Insurance Commissioner
- Administers, interprets, and enforces insurance laws.
- NAIC - National Association of Insurance Commissioners - set watch lists, issue model legislation - do not have regulatory authority
Determination of life insurance needs
- Human Life Value approach: determine economic value of future earnings and subtract consumption of insured person
- Needs approach: estimates cash needs less social security (black-out period between when kids reach 18 and retirement age). Based on goals such as retirement, education, etc.
- Capitalized earnings approach: earnings ledd consumption and taxes adjusted for earnings/inflation
- Benchmark 12-18 times gross pay
Annual Renewable Term insurance
- Annual Renewable Term:
- premium increases annually
- fixed DB
- can be converted to a permanent policy w/out evidence of insurability
Universal Life (options A and B and variable)
- Premiums pay for administrative costs, commissions and CV
- Flexibility in premiums, face value, cash value
- cash value can be used to pay premiums
- Option A: Flexible premium; Beneficiary receives CV or DB
- Option B: DB vary with CV; Beneficiary receives CV and DB
- Variable: Insured directs investment of CV
Whole Life (Individual Life Insurance Policies)
Whole Life Dividend Options
- Cash
- Paid-up additional
- Increased cash value
- Reduce premiums
- One-year term (5th dividend)
Modified Endowment Contract
- Pay too quickly into life insurance policy
- Based on 7-pay test
- If fails test, taxed on LIFO (interest first) basis
- Taxed as ordinary income
- 10% penalty if under 59 1/2
- Rules have no effect on the policy unless insured is taking withdrawals
Taxation of Permanent Insurance
- Dividends
- if total dividends do not exceed premiums paid, not taxable (return of premium)
- if do exceed premiums, that amount is taxable
- If not a MEC, then taxed on a FIFO basis (basis first; If MEC, then taxed on a LIFO (interest first) basis
- Basis withdrawals not taxable
- Loans against CV not taxable
- For all insurance, if beneficiary is estate, may be subject to estate tax
Tax implications of surrender
- Lump sum - Amount in excess of premiums, taxable as ord income
- Interest only - taxable as ord income
- installments - interest is taxed as ord income
Life insurance premium taxation
- premiums not deductible by individuals
- group insurance premiums deductible (up to 50K in coverage - must pay tax on premiums that cover over 50K). Calculate inputed income.
- group WHOLE LIFE premiums paid by employer are taxable
Life insurance policy provisions
- Grace period usually 31-60 days - company will still pay out if death during grace period (minus premium due)
- Incontestability - after 2 years of insurance, company can’t cancel policy if they discover material misrepresentation, omission, or concealment.
- Misstatement of gender or age: DB adjusted for what premiums would have bought.
- Assignment: transferring rights of policy to another party (absolute - final or collateral)
- Suicide: coverage excluded within 1 or 2 years of inception
- Reinstatement: sometimes can be reinstated w/out evidence of insurability
- Policy loan provisions - If death occurs, loan amt plus accrued interest deducted from DB
Settlement options for life insurance
- Lump sum payment
- Interest only
- Annuity payments
- Fixed amount
- Fixed period
- Life income
- Life income with period certain
- Joint and last survivor income
Transfer for value taxation
- DB become taxable beyond basis except:
- transfer to the insured (if was a co. plan)
- transfer to a business partner
- transfer to a partnership
- transfer to a corporation of which insured is a shareholder
- transfer that results in a carryover basis from the transferor to the transferee
1035 Exchange
- exchange from one non-MEC policy to another is not a taxable event unless it is an annuity (generally taxed) exchanged for life insurance (generally untaxed)
Taxation of viatical settlement
- terminally ill person (die w/in 24 months) sells policy to another party, income not subject to tax.
- Purchaser incurs tax liability to the extent the proceeds (DB) of the policy exceed the purchase price and other costs (premiums)
Own occupation vs. any occupation
- own occupation: policy pays if you cannot perform the duties of your own occupation (expensive $$$)
- any occupation: policy pays if you cannot perform the duties of any occupation (inexpensive)
- split definition: pays for a fixed period of time using own occupation definitation and then uses any occupation definition.
Residual benefits of disbility
If insured goes back to work for reduced pay, pays the difference in salary.
Disability cost of living rider
- Future increase option rider: permits insured to increase monthly benefit as the insured gets older.
- Automatic increase rider: increases benefit by a set percentage every year
Taxation of disability payments
- if premiums are paid with after-tax dollars, benefits are not taxed
- if paid by employer with pre-tax dollars, benefits are taxed
Elimination period
- length of time between disabling event and payments begin
Disability integration with SS
Disability payments are reduced by the amount of SS received. Lower premiums for this.
Disability benefit period and waiver of premium
- short term: 2 years or less
- long term: coverage until normal retirement age, death or for a specified period of time.
- policy’s premium can be waived upon disability.
Disability desireable coverage
- 60-70% of income if not taxed
- work life expectancy (long-term)
- elimination period - based on emergency fund
- definition of disability - own occupation
- renewability - non-cancelable or guaranteed renewable
Types of annuities
- Immediate annuity: purchased with lump sum starts paying out immediately
- Deferred annuity: payments begin at future dates
- Flexible premium deferred annuity: pay more than once
- Single premium: lump-sum
Fixed vs. Variable Annuity
- fixed: single interest rate or guaranteed minimum rate; does not keep pace with inflation
- variable: investable; no guaranteed rate of return
Annuity Payments Timing
- Pure Life or Single Life Immediate Annuity: pays out for life; pays the most; no beneficiary (can’t leave to heirs)
- Life Annuity with Guaranteed Min. Payments: payments continue for a minimum term, payable to beneficiary or until death if beyond term.
- Installment Refund Annuity: Payments continue for a minimum term and if at death pay out less than paid in, give difference to benefiary
- Joint and Survivor Annuity: Payments are lower. Payments continue until death of 2nd annuitant.
Annuity Exclusion/Inclusion Ratio
- Exclusion ratio = taxable portion of annuity payments
Monthly payments x 12 months x life expectancy = total payments
Basis/Total Payments = exclusion ratio
Exclusion ratio x monthly payments = amount excluded from income
Payment - amount excluded from income = taxable amount s ordinary income
Taxation of annuities
- Withdrawals from annuities are taxed LIFO
Patient Protection and Affordable Care Act
- requires most citizens/legal residents to have health insurance
- large employers must offer coverage
- small employers incentivized to offer
- prohibits lifetime limits and annual limits
- no pre-existing condition clause
- plans categorized from bronze to platinum
Stop Loss vs. Maximum Out of Pocket
- Stop Loss:
- Maximum out of pocket in addition to the deductible
- Each family member must meet the deductible up to a max number of people
- Maximum out of pocket:
- includes deductible in max out of pocket expenses
Indemnity (Traditional) Health Insurance
Reimbursement for expenses
HMO
Health Maintenance Organization
- Group of physicians
- Referrals necessary
- Only network coverage
PPO
Preferred Provider Organization
- Larger provider pool than HMO
- Network doctors but can go out of network for more $
POS
Point of Service Plan
- Encourage primary care selection
- Has network but can go out of network with higher ded., copayments, coinsurance
Health Insurance Policy Provisions
- Incontestability clause: after policy has been in force for an amount of time, company can’t terminate contract
- Grace Period: Usually 31 days
Taxation of Health Insurance
- Benefits are tax free
- Employer-paid plans not taxed
Coordination of benefits
- prohibits collecting more than 100% of actual expenses
COBRA
Consolidated Omnibus Budget Reconciliation Act
- Employer may charge an additional 2% for administrative costs
- Eligibility:
- Death of covered employee
- Voluntary or involuntary termination
- Separation from spouse
- Medicare eligibility of covered employee
- Dependent child no longer eligible for employee-paid
- Do not have to offer coverage in the event of gross misconduct
- Company with at least 20 employees must offer COBRA
COBRA duration
COBRA lasts:
- 18 months for reduction in hours or normal termination
- 36 months for death, divorce, Medicare eligibility
- 29 months for SS definition of disabled
HSA
Health Savings Account
- LTC, COBRA, Medicare (65+) and premiums paid during unemployment are qualified med expenses
- Must be a part of High Deductible Plan
- Contributions pre-tax, use $ for medical expenses
- Earnings tax-deferred
- Penalty: 20% before age 65 and taxed as ordinary income
- Can be rolled over 1x per year
- Must get prescription for OTC drugs
- Can be used for dental and orthodontics
- not cosmetic surgery
- 60 days for trustee to trustee transfer
- Can be transferred to beneficiary upon death - if not spouse, subject to tax but not penalty
FSA
Flexible Spending Account
- Use it or lose it
- Can be used for “optional” medical expenses
- child/dependent care
Long Term Care Insurance
- Covers broad range of levels of care including custodial care - Assistance with eating, dressing, bathing, etc - which Medicare does not cover
- Benefits can be provided for fixed period of time or for a fixed amount of money
- Premiums tax deductible and benefits may be tax deductible as long as policy is “qualified” and subject to 10% medical cost hurdle (max deductions apply)
Long Term Care Insurance Eligibility for Benefits
Eligibility:
- Substantial cognitive impairment (behavior threatens own/others health and safety
- Unable to perform at least 2 of 6 activities of daily living for at least 90 days:
- Eating
- Bathing
- Dressing
- Transferring from bed to chair
- Using the toilet
- Continence
Homeowners Insurance Perils
- Basic named perils: 12
- Broad perils: 18
- Open perils: all perils covered except for specific exclusions
HO Insurance Exclusions
- Movement of ground
- Ordinance or law
- Damage from water
- War or nuclear hazard
- Power failure
- Intentional act
- Neglect (e.g. termites)