Insurance & Social Security Flashcards
Risk, for insurance purposes, is defined as:
loss or no loss
Pure Risk
insurable
Speculation
gain or loss (investment)
Fundamental Risk
impersonal group risk (recession)
Particular Risk
personal (your disability)
Static Risk
caused by other than changes in the economy (earthquake)
Dynamic Risk
caused by changes in the economy
Peril
cause of a financial loss (fire, theft, collision, hurricane)
Hazard
a condition that increases the likelihood that a peril will occur
Physical Hazard
storing gasoline too close to an open flame (may cause a fire)
Moral Hazard
dishonesty
an insured files a fraudulent claim
Morale Hazard
carelessness
insured does NOT take proper precautions to protect an asset because they have insurance
Risk Management
Low Frequency Low Severity = retain
Low Frequency High Severity = Insure transfer
High Frequency Low Severity = reduce
High Frequency High Severity = avoid
Underwriter’s Challenge
manage adverse selection
underwriter manages adverse selection of the insurance portfolio by using techniques on the front end (physicals for life insurance, history of claims for property insurance, etc.) & on the back end (raising premiums, canceling insured w/ excessive claims, etc.)
Insurable Risk (CHAD)
for a risk to be insurable, the following must be true: CHAD
- Not Catastrophic to insurer
- Homogeneous exposure units (large # of similar units)
- Accidental as to insured
- Determinable & Measurable risks
Social Insurance
mandatory in nature
examples = Social Security & worker’s compensation
Public Insurance
mandatory in nature
examples include FDIC, SIPC, & PBGC
Private Insurance
voluntary in nature
examples include insurance on the person, property, or liability
Legal Nature of Insurance
Areas of law = torts, contracts, agency
insurance is a contract & therefor can say anything
there is NO substitute for reading the contract, especially regarding coverage, limits, & exclusions
Contract Law
offer, acceptance, consideration, legal object, competent parties, & legal form
Principle of Indemnity
cannot make a profit
to make whole
Insurable interest
life insurance = only at inception
property = at inception & at time of loss
Contract is personal
cannot be transferred or assigned w/out the consent of the insurer w/ the exception of life insurance
Contract of Adhesion
ambiguities are charged to the writer/insurer
take it or leave it contract, no negotiating
approved as is for sale in state by state insurance commissioner
statements by the insured are representations NOT warranties & must be material to void contract
Contract is Aleatory
parties may not give & receive equal dollar amounts
insured pays premiums & has no claims or DB paid out greater than premiums paid
the outcome is affected by chance
Contract is Unilateral
one promise only & made by the insurer & conditional
conditioned on the insured paying premiums
Tort Law
typically insurance covers for negligent & not intentional acts caused by the insured
children/minors may be held liable/parents may be vicariously liable for acts of children
damages may be compensatory; if the injury is a bodily injury it is NOT taxable
punitive & compensatory damages w/out bodily injury are subject to income taxation
Defenses include - assumption of the risk, contributory negligence, comparative negligence, & last clear chance
statute of limitations for tort decisions may be up to 2 years (up to 3 years for property damage
recommended to have a PLUP which covers the risk & also provides legal defense
Comparative Negligence
if both the plaintiff (injured party) & the defendant contribute to the circumstances that result in injury, then the damages are adjusted to reflect their respective percentage of fault
Contributory Negligence
if the injured party contributes in any way to the circumstances that result in injury, then the injured party cannot collect any damages
Agency Law
an agency & agent binds the principal if in course & scope of agency
may result from express, implied, or apparent authority
Insurance Regulations & Ratings
regulation by the State Insurance Commissioner
NAIC (National Association of Insurance Commissioners) policy group
A.M. best (A++-S
Moody’s (Aaa-B3)
S&P (AAA-B)
Life Insurance
mitigates against risk of loss of income for those w/ dependents
parties are owner, insured, & beneficiary
incontestability clause - 2 years
suicide clause - 2 years
grace period - 31 days
war clause
Life Premiums
based on in-house mortality tables plus interest & loading
Term Insurance
pure insurance for specified period covered
premiums level or increase
no cash value
inexpensive, usually renewable, can be converted to permanent insurance
good choice for most families & those w/ temporary insurance needs; large need limited resources
Whole or Ordinary Life Insurance
fixed premium
fixed DB
no owner control over investments
fixed ROR
want guarantees
Variable Life Insurance
fixed premium
guaranteed minimum DB but can increase if investment experience on CV is good
policyowner control over investments
no minimum CV guarantee
flexibility w/ investment responsibility, fixed premiums
Universal Life Insurance
variable premiums subject to required minimum
DB may increase above initial face amount depending on CV accumulation
no policyowner control over investments
may have minimum guaranteed CV rate but can be higher depending on interest rates
premium flexibility w/out investment responsibility
Variable Universal Life Insurance
variable premium subject to required minimum
guaranteed minimum DB but can increase if investment experience on CV is good
policyowner complete control over investments
no minimum guarantee CV ROR
flexibility w/ investment responsibility, variable premiums
agent needs both insurance & securities license to sell
High/Low CAWL (Current Assumption Whole Life)
interest sensitive crediting
Low CAWL = low premiums
High CAWL = higher premiums
insurer right to adjust premium at 5 year mark
cash value invested in insurer’s bond portfolio
agent only needs insurance license to sell
Second to Die
typically used for estate planning
DB paid after second death (survivorship)
First to Die
typically usually used to pay off mortgages
DB paid after first death (joint life insurance?)
Credit Life
protects the lender, usually very expensive (better off w/ term insurance)
Needs Approach
amount of life insurance needed
PV of dependent needs, including last medical, funeral, adjustment period, mortgage payment fund, dependency cost of living, education fund, & retirement fund
Human Life Approach
amount of life insurance needed
PV of income expected less taxes & decedent consumption
Capitalized Income Approach
amount of life insurance needed
decedent’s income (less taxes & consumption) divided by the inflation-adjusted investment rate
Death Benefit Taxation
generally not taxable to recipient EXCEPT for transfer-for-value rule or a cash value policy held by a QP
Transfer-for-Value Rule
when policy transferred for valuable consideration DB may not be fully excluded from income taxation
EXCEPTIONS: (i.e. DB NOT taxed)
1. transfer to the insured
2. transfer to business partner of the insured (or to the partnership)
3. transfer to a corporation in which the insured is an officer or shareholder
4. transfer to a transferee whose basis is determined by the transferor’s basis (or tax-free exchange or gift)
Surrender of Policy Taxation
taxable to extent surrender value exceeds premiums paid
EXCEPTION: viatical settlement or accelerated benefits provision/nontaxable if insured expected to die w/in 2 years or chronically ill
Life Insurance Dividend Taxation
not taxable unless received as cash & exceed premiums paid