Life Insurance Policy Provisions Flashcards
What is a provision
Describe how certain situations will be handled, as well as the rights and obligations of policy owner
Free look
Begins when policy owner receives the policy
Usually no fewer than 10 days
Policy can be returned for a full refund
Insuring Clause
Usually found on first page of policy
Insurers promise to pay upon death
Includes face amount
Usually signed by an officer of the company
Ownership rights
Name or change beneficiary Select settlement options Borrow or withdraw policy cash values Receive policy dividends Surrender or cancel policy Assign or transfer ownership Select/change premium payment mode Select a non-forfeiture option
Policy assignment
Transfer of owners rights, in whole or part, to another individual or entity
Collateral “a pledge for a loan” (does not change ownership)
Absolute “permanent change” (does change ownership)
Entire contract
Policy plus copy of application plus any riders or amendments
Endorsements
Any change to contract must be made in writing and agreed to by both the insurer and the policy owner. Must be signed by executive officer and not agent
Consideration
Something of value
Insured’s consideration (premiums and truthful statements made on application)
Insurers consideration (pay benefits at time of claim)
Payment of premium
Due in advance of the coverage period
Grace period
If premium payment is missed policy will stay in force for a limited time before coverage actually lapses (usually 31 days)
Insurance still in force
Death benefit paid minus premiums due
Reinstatement
Restoration of a lapsed policy as originally purchased
Up to 3 years to reinstate
Policy was not surrendered for cash
Must pay missed premiums plus interest
Prove insurability
Save original policy + issue age
Incontestability provision
Usually after 2 years policy can’t be taken away for any reason
Even if material misrepresentation or fraud
Suicide clause
If commits suicide prior to having a policy for 2 years. Only premium will be paid back
After 2 years full face amount will be paid
Misstatement of age (gender)
Incontestability provision does not apply
If older than application states death benefit is reduced accordingly
If younger than application states death benefit is increased accordingly
Payment of claims
Says insurer will pay the death benefit promptly (usually no longer than 60 days)
Beneficiary
The person or entity who will get the death benefit
Trust
A legal entity which can hold title to property while it is managed for the benefit of others
Grantor (individual who sets up trust)
Trustee (party manages property according to grantors instructions)
Beneficiary (person who receives benefits of the trust)
Multiple beneficiary in same class
Per capita (by the head)
Per stirpes (by branch)
Levels of beneficiaries
Primary (First)
Contingent or secondary (if no primary party alive)
Tertiary (if no contingent party alive)
Estate of insured (if no beneficiary named or alive)
Beneficiary designations
Can be changed at any time without knowledge or consent
Revocable (can be changed by the owner at any time)
Irrevocable (can’t be changed without beneficiary consent)
- Loan or withdrawal from cash values
- Usually becomes revocable upon death of irrevocable beneficiary
Facility of payment provision
Insurer can pay someone other than beneficiary if
Beneficiary is a minor, is deceased or can’t be found
Someone other than the beneficiary incurred the insured’s final medical or funeral expenses
Uniform simultaneous death act
If beneficiary and insured die in same accident it is assumed beneficiary died first
So proceeds will be paid to contingent beneficiary
Common disaster provision
Insured beneficiary are in common accident
Both die within 30-90 days after the accident
Proceeds paid as if the primary beneficiary died first
Proceeds paid to contingent beneficiary
Spreadthrift division
Maybe included in policy and make the payment to beneficiary be in installments and not a lump sum
Exclusions
Define when coverage does not apply
Suicide exclusion
Death by suicide is not covered for a certain period of time after the policy goes into effect
Aviation exclusion
Eliminates coverage for only certain types of aviation activities
(Does not apply to commercial flight)
War or military service exclusion
Status type (eliminates coverage during which the insured is in military, even if on leave)
Results type ( coverage is eliminated on if the cause of death was related to military service)