Life Insurance Provisions, Options and Riders Flashcards
Insuring Clause (or Insuring Agreement):
The insurer’s basic promise to pay specified benefits to a designated person in the event of a covered loss.
part of the health insurance policy that states the kind of benefits provided and the circumstances under which they will be paid.
The insuring clause is the part of the insurance policy that identifies the specific type of benefits or or services that are covered by that policy and the circumstances under which they will be paid.
Any promises the INSURER makes will be in the INSURING clause.
Consideration Clause
A policyowner must pay a premium in exchange for the insurer’s promise to pay benefits.
consists of completing the application and paying the initial premium.
The amount and frequency of premium payments are contained in the consideration clause.
Consideration is an exchange of something of value on which a contract is based
An insurance contract is valid only if the insured provides consideration in the form of the initial full minimum premium required and the statements made in the application
Entire Contract
- The entire contract includes the actual policy and the application
It states that nothing outside of the contract (the contract includes the signed application and any attached policy riders) can be considered part of the contract
It also assures the policyowner that no changes will be made to the contract or waive any of the provisions after it has been issued, even if the insurer makes policy changes that affect all policy sales in the future. This, however, does not prevent a mutually agreeable change or modifying the contract after it has been issued.
- Any change to a policy must be made with the approval of an executive officer of the insurance company whose approval must be endorsed on the policy or attached in a rider
- This mandatory health policy provision states that the policy, including endorsements and attached papers, constitutes the entire insurance contract between the parties
- We can’t send you additional paperwork later. THE ENTIRE POLICY AND APPLICATION is sent to you and that makes up your ENTIRE CONTRACT.
Grace Period:
The period of time policyowners are allowed to pay an overdue premium during which the policy remains in force, usually 30 days. If an insured dies during the Grace Period of a life insurance policy before paying the required annual premium, the beneficiary will receive the face amount of the policy less any required premiums. The purpose of the Grace Period is to give the policyowner additional time to pay overdue premiums. The policyowner is given a number of days after the premium due date during which time the premium payment may be delayed without penalty and the policy continues in force. Grace period is the same definition for your insurance bill as it is for all of your other bills. Don’t pick it as an answer if the question isn’t talking about paying your bill late and keeping your insurance.
Reinstatement:
Permits the policyowner to reinstate a policy that has lapsed- as long as the policyowner can provide proof of insurability and pays all back premiums, outstanding loans, and interest. Most states allow reinstatement up to 3 years after a policy has lapsed. However, some states are 5-7 years. The Reinstatement provision specifies that if an insured fails to pay a renewal premium within the time granted but the insurer subsequently accepts the premium, coverage may be restored. Under certain conditions, a policy that has lapsed may be reinstated. Reinstatement is automatic if the delinquent premium is accepted by the company or its authorized agent and the company does not require an application for reinstatement. If it takes no action on the application for 45 days, the policy is reinstated automatically. To reinstate any policy, you need: A reinstatement application, statement of good health, all back premiums.
Incontestable Clause:
The clause in a life insurance contract that prohibits the insurer from questioning the validity of the contract after a certain period of time has elapsed.
Misstatement of Age or Sex:
Allows the insurer to adjust the policy benefits if the insured’s age or sex is misstated on the policy application. The misstatement of age provision allows the insurer to adjust the benefit payable if the age of the insured was misstated when application for the policy was made. The insurer can adjust the benefit to what the premiums paid would have purchased at the insured’s actual age. If the insured was older at the time of application than is shown in the policy, benefits would be reduced accordingly. The reverse would be true if the insured were younger than listed in the application
Policy Loan Provisions:
Policies that have cash value also have policy loan and withdrawal provisions. These policies must begin to build cash value after a certain number of years. In most states, this is 3 years. These loans, with interest, cannot exceed the guaranteed cash value or the policy is no longer in force. The policyowner has the right to the policy’s cash value. Policy loans are not taxable. Any loans with interest due at the time of death will be deducted from the insured’s policy proceeds.
Automatic Premium Loans:
Allows the insurer to automatically use the policy cash value to pay an overdue premium. There is no cost for this provision. Automatic Premium Loans: Like using a savings account for overdraft protection, but there’s no fee, just interest for borrowing your money. If you don’t pay it back, interest is added to the loan, it also will be subtracted from any death benefit or cash surrenders if not paid back first.
Owner’s Rights Provision
Defines the person who may name and change beneficiaries, select options available under the policy, and receive any financial benefits from the policy.
Assignment Clause or Provisions:
The right to transfer policy rights to another person or entity. The new owner is known as the assignee.
Absolute assignment:
When the assignee receives full control of the policy and rights to the policy benefits from the current policyowner. Under an absolute assignment, the transfer is complete and irrevocable, and the assignee receives full control over the policy and full rights to its benefits.
Collateral assignment:
The partial and temporary transfer of rights to another person or entity. Collateral assignments are usually intended for securing a loan with a creditor. A collateral assignment is one in which the policy is assigned to a creditor as security, or collateral, for a debt. If the insured dies (or sometimes becomes totally\permanently disabled), the creditor is entitled to be reimbursed out of the benefit proceeds for the amount owed. The insured’s beneficiary is then entitled to any excess of policy proceeds over the amount due to the creditor.
Free Look:
The policyowner is permitted a certain number of days once the policy is delivered to look over the policy and return it for a refund of all premiums paid.
Notice of Claim
- The notice of claim provision describes the policyowner’s obligation to notify the insurance company of a claim in a reasonable period of time
- Typically, the period is 20 days after the occurrence or a commencement of the loss, or as soon thereafter as is reasonably possible
- You need to let the insurance company know that you are going to be filing a claim, so they are expecting your claim forms.
Claim Forms
- It is the company’s responsibility to supply a claim form to an insured within 15 days after receiving notice of claim
- If the insurance company fails to send out the claim forms within the time period required by the provision, the insured should submit the claim in any form, which must be accepted by the company as adequate proof of loss
- You can submit your claim using a napkin and crayon as long as you provide all the necessary information.
Proof of Loss
- The statement that an insured must give an insurance company to show that a loss actually occurred is a Proof of Loss
- After a loss occurs, or after the company becomes liable for periodic payments (e.g., disability income benefits), the claimant has 90 days in which to submit proof of loss.
- Insurance company can’t pay you if you don’t prove there is a loss.
Time of Payment of Claims
- The time of payment of claims provision provides for immediate payment of the claim after the insurer receives notification and proof of loss.
- If the claim involves disability income payments, they must be paid at least monthly if not at more frequent intervals specified in the policy
- The purpose of the Time of Payment of Claims provision is to prevent the insurance company from delaying claim payments
- You did your part (Paid your bill and got injured/sick/ etc.) now the insurance company has to immediately do our part (Pay you) and it can’t be less often than monthly, or you wouldn’t be able to pay your bills.
Payment of Claims
- The payment of claims provision in an insurance contract specifies how and to whom claim payments are to be made.
- Payments for loss of life are to be made to the designated beneficiary
- If no beneficiary has been named, death proceeds are to be paid to the deceased insured’s estate. Claims other than death benefits are to be paid to the insured.
- Should the insurance company pay you, or the doctor, or someone else?
Physical Exam and Autopsy
- The physical exam and autopsy provision entitles a company, at its own expense, to make physical examinations of the insured at reasonable intervals during the period of a claim, unless it’s forbidden by state law.
- Forget everything you learned on “Law and Order,” only the state can forbid an autopsy. You gave up your (and your families) rights to refuse when you applied for insurance.
Legal Actions
- The insured cannot take legal action against the company in a claim dispute until after 60 days from the time the insured submits proof of loss.
- The Legal Action provision provides the insurer adequate time to research a claim
- At least give the insurance company 2 months to take care of you before you take them to court.
Beneficiary designation
- Where the policyowner indicates who is to receive the proceeds.
Change of Beneficiary
- The insured, as policyowner, may change the beneficiary designation at any time unless a beneficiary has been named irrevocably.