Chapter recap
The Individual Life Insurance Contract
Viatical and life settlements
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Viator = ill owner who sells; provider = buyer; broker represents only the owner.
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CA rescission: 30 days after signing or 15 days after receiving proceeds, whichever is sooner.
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Terminally ill = death expected within 24 months; STOLI is illegal.
Field underwriting and the two kinds of receipts
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Conditional receipt: covered from the application date only if insurable as applied for.
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Binding (temporary) receipt: covered immediately, regardless of later underwriting, until declined.
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The agent's report is not part of the contract; collect a statement of good health at delivery if no premium was paid.
Required provisions, part 1: ownership, entire contract, free look, grace period
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California grace period: at least 60 days (§10113.71), not 30-31.
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Free look: 10 to 30 days (§10127.9); owners 60 or older: at least 30 days (§10127.10).
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Absolute assignment = permanent transfer; collateral assignment = temporary security for a loan.
Required provisions, part 2: reinstatement, incontestability, misstatement, exclusions
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Incontestable after 2 years (§10113.5); nonpayment of premium is the exception.
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Misstated age or sex: adjust the benefit; do not void the policy.
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Reinstatement: lapsed (not surrendered) policies; proof of insurability plus back premiums with interest.
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Suicide within the exclusion period (usually 2 years): premiums are refunded.
Beneficiaries: per stirpes vs. per capita
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Per stirpes = a deceased beneficiary's share passes to their descendants.
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Per capita = split equally among the surviving named beneficiaries.
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Example: per stirpes gives each branch 1/3; per capita gives P and S 1/2 each.
Revocable vs. irrevocable beneficiaries, and the common disaster clause
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An irrevocable beneficiary must consent in writing to changes, loans and assignment.
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Probate Code §224: if survival is not proven, the insured is treated as surviving the beneficiary.
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The common disaster clause steers proceeds to the contingent beneficiary.
Settlement options: how the death benefit is paid
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Fixed period: time fixed, amount varies. Fixed amount: amount fixed, time varies.
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Interest only: principal kept; interest paid and taxable.
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The spendthrift clause protects installment proceeds from the beneficiary's creditors.
Nonforfeiture options
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Three options: cash surrender, reduced paid-up, extended term.
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The automatic option is the one named in the policy (usually extended term); elect within 60 days (§10160).
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A cash surrender gain above cost basis is taxable.
Five dividend options
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Five dividend options: cash, reduce premium, accumulate at interest, one-year term, paid-up additions.
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Dividends are a return of premium, not taxable until they exceed premiums paid; interest on them is taxable.
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Paid-up additions are bought at attained age with no evidence of insurability.
STOLI vs. a legitimate life settlement
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STOLI = policy started for an investor with no insurable interest at issue; prohibited in California.
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Insurable interest must exist at policy issue; later sale of a legitimately bought policy can be legal.
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A life agent licensed 1+ year may act as the owner's settlement broker after notifying the Commissioner within 10 days and paying $85.
Buyer's Guide, cost indexes and policy summaries
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Life Buyer's Guide: before accepting the initial premium, or, if the free look is at least 10 days, with the policy or before it is delivered.
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Cost indexes: Surrender Cost Index and Net Payment Cost Index, 10 and 20 years; lower = cheaper.
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Annuities: NAIC Annuity Buyer's Guide with or before delivery.
Mnemonics, part 2: settlement, nonforfeiture and dividend options
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Nonforfeiture 3: cash surrender, reduced paid-up, extended term.
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Dividend 5: cash, reduce premium, accumulate at interest, one-year term, paid-up additions.
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UL Option A = level death benefit; Option B = face plus cash value.
CA
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