Unit 7 - Life Insurance Policy Provisions Flashcards
What is a Free Look?
The free look or right to examine, provision gives the policyowner a period of time to return a policy for any reason within 10 days of delivery and receive all premiums paid.
What is an Insuring Clause?
The insuring clause or insuring agreement sets forth the insurer's promise to pay benefits upon the insured's death. Included: - Company's promise to pay - Death benefit amount - Whom it will be paid
What is an Assignment?
Assignment of life insurance is a transfer of the owner’s rights, in whole or part, to another individual or entity.
What are two types of Assignment?
Collateral assignment
Absolute or Permanent assignment
What is Collateral Assignment?
(temporary or conditional assignment) does not change ownership of the policy. The most common type of partial assignment is to pledge all or part of the death benefit as collateral for a loan.
What is Absolute or Permanent assignment?
policy transfers all rights of ownership to another person or entity.
Example: a parent may transfer policyownership to a daughter when she reaches age 18.
What constitutes the “entire contract”?
- life insurance policy
- a copy of the original application
- any riders or amendments (if any)
What are Endorsements / Modification?
Any change made to the contract must be made in writing and agreed to by both the insurer and the policyowner.
Must be signed by an executive of the company, CANNOT be authorized by an agent/producer.
What is a Consideration?
“MONEY”
- Insured’s consideration - premiums paid and truthful statements made on the application
- Insurer’s consideration - pay benefits at the time of claim.
What is Payment of Premium?
This provision states that premiums are due in advance of the coverage period.
What is a Grace Period?
If the insured does not pay the premium by the due date, the policy will stay in force for a limited time before coverage lapses. This usually lasts for 31 days.
If the insured dies during the grace period, the policy will pay the death benefit minus the premium past due.
What is Reinstatement?
Reinstatement is the restoration of a lapsed policy as originally purchased.
- Up to 3 years to reinstate
- Policy cannot be surrendered for cash
- Must pay missed premiums + interest
- Prove insurability
- Saves original policy and issue date
- Premium will stay the same
What is Incontestability?
This provision is that after a life insurance policy has been in effect for two years the company cannot claim that a statement made in the application for insurance was meant to defraud the insurer, even if material misrepresentation or fraud (concealment).
* Does not pertain to an insured’s misstatement of age.
When is the Contestability period?
The first two years of a policy.
What is the Suicide clause?
If the insured commits suicide in the first two years the company will pay only the premium paid by the insured.
After two years they will pay the full-face amount.
Suicide is excluded from accidental death benefits.
What is Misstatement of Age or Gender?
- If insured is older than application states, death benefit is reduced to correct the premium amount
- If insured is younger than application states, death benefit is increased to correct premium amount.
- Premium is higher the older you are and for males.
What is the Payment of Claims provision?
This provision says the insurer will pay the death benefit “promptly”.
- within 60 days after claim made, if longer than interest must be paid.
What is Faculty of Payment Provision?
This allows the insurer to pay all or part of the policy’s death benefit to someone other than a designated bene if:
- the bene is a minor, is deceased or cannot be found.
- someone other than the bene incurred the insured’s final medical or funeral expenses.
What is the Uniform Simultaneous Death Act?
This is if the insured and the bene die in the same accident (for example).
The primary bene is assumed to have died first.
What is the Common Disaster Provision?
This is with the Uniform Simultaneous Death Act, it states that if the insured and primary bene die in a common accident then it is assumed the primary bene died first even if it is 30-90 days later. The policy will state the set amount of days.
What is the Spendthrift Provision?
It states that the policy proceeds may be paid to the bene in installments of a defined amount and at set intervals.