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Introduction and General Policy Provisions

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Key Takeaways
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Key Takeaways
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Imagine you've just purchased a new life insurance policy. The agent hands you a thick document filled with provisions, clauses, and riders. While it might seem overwhelming at first, understanding these elements is crucial to making the most of your coverage.

Life insurance policies are carefully structured contracts that balance the interests of both the insurance company and the policy owner. The provisions within these contracts establish the rules of engagement — what's covered, what's not, and what rights each party has throughout the life of the policy.

In this chapter, we'll explore the standard provisions found in virtually all life insurance contracts. These provisions aren't just legal jargon; they're important safeguards that protect the policy owner and the insurance company. For example, the incontestable clause prevents an insurer from denying a claim after a certain period, even if there were misstatements on the application. Meanwhile, the suicide clause protects insurers from individuals who might purchase a policy with the intent of taking their own life shortly afterward.

We'll also examine the various options that make life insurance policies flexible financial tools. From policy loans that allow access to cash value to dividend options that can enhance coverage or reduce premiums, these features give policyholders significant control over their policies.

Finally, we'll look at riders — optional add-ons that can customize a policy to meet specific needs. Whether it's providing income during disability, guaranteeing the ability to purchase additional insurance in the future, or covering family members, riders can significantly enhance the value of a basic policy.

By understanding these provisions, options, and riders, you'll be better equipped to help clients select appropriate coverage and explain how their policies work in various situations — knowledge that will be essential for your licensing exam and your future career in insurance.

This chapter is broken into the following sections:

  • General life insurance policy provisions
  • Provisions and options related to cash value
  • Provisions and options related to policy proceeds
  • Options related to dividends
  • Life insurance policy riders
  • Life insurance policy exclusions

Chapter Learning Objectives

After completing this chapter, you will be able to
  • Identify the standard provisions found in life insurance contracts and explain their purpose.
  • Describe how the incontestable clause, suicide clause, and misstatement of age provisions protect both insurers and policyholders.
  • Explain the rights of policy ownership and the process of policy assignment.
  • Compare the three non-forfeiture options available to policyholders with cash value policies.
  • Distinguish between absolute and conditional policy assignments.
  • Explain how policy loans work and their potential impact on policy benefits.
  • Identify the five dividend options available to owners of participating policies.
  • Evaluate common life insurance riders and determine appropriate situations for their use.
  • Recognize standard policy exclusions and their implications for coverage.

Keywords

Prior to reading this chapter, please review the following keywords. An understanding of their basic definitions will improve your comprehension of the chapter content.

Absolute Assignment
A policy assignment under which the assignee (person to whom the policy is assigned) receives full control over the policy and full rights to its benefits. Generally, when a policy is assigned to secure a debt, the owner retains all the rights in the policy over the debt, although the assignment is absolute in form.
Accidental Death Benefit Rider
This rider pays an additional sum to the beneficiary if the insured dies due to a covered accident. The amount paid is a multiple of the policy face amount, such as double or triple the original benefit. Accident death life insurance provides the cheapest way to add a significant amount of coverage for a limited period.
Accelerated Benefits Rider
This rider allows the insured to receive a portion of the death benefit before death if the insured has a terminal illness and is expected to die within one-to-two years. Regardless of the amount that's withdrawn in an accelerated death benefit, it will decrease the death benefit when death occurs.
Automatic Premium Loan Provision
This provision allows the insurance company to deduct the overdue premium from an insured's cash value by the end of the grace period if a payment is missed on a life policy. The insurance company can automatically take out a loan for the insured against cash value to cover premiums if it does not receive payment when due.
Cash Surrender Option
This non-forfeiture option allows the policy owner to receive the policy's cash value. If this option is exercised, the policy owner no longer has coverage. Typically, the maximum period that a life insurance company may legally defer paying the cash value of a surrendered policy is six months (delayed payment provision).
Collateral Assignment
This is an assignment of a policy to a creditor as security for a debt. The creditor is entitled to be reimbursed out of policy proceeds for the amount owed. Any proceeds above the amount due at the insured's time of death will be paid to a beneficiary designated by the policy owner.
Consideration Clause
This clause states a policy owner must pay a premium in exchange for the insurer's promise to pay benefits. A policy owner's consideration consists of completing the application and paying the initial premium. The amount and frequency of premium payments are contained in the consideration clause.
Dependent Riders
Dependents may be added as additional (other) insureds through the use of a dependent rider. Other insured riders are typically used for spouses and children.
Dividend Options
These are the options that a policy owner has when receiving dividend payments from an insurance policy. Options include cash, reduced premiums, accumulated interest, paid-up additions, and one-year term insurance.
Entire Contract Provision
This provision states the insurance policy itself, including any riders, endorsements/amendments, and the application comprises the entire contract between all parties.
Free-Look Period
This period states that the policy owner is permitted a certain number of days once the policy is delivered to examine the policy and return it for a refund of all premiums paid.
Grace Period
This is a period after the due date of a premium during which the policy remains in force without penalty. Suppose an insured dies during the grace period of a life insurance policy before paying the required annual premium. In that case, the beneficiary will receive the face amount of the policy minus any outstanding premiums. For life insurance, the grace period is typically one month.

General Life Insurance Policy Provisions

Most states require the same set of provisions to be included in all life insurance contracts. These standard or usual provisions are almost identical in wording regardless of the insurance company or the locale where the policy is issued.

These "standard provisions" found in all life insurance policies identify the duties, obligations, and rights of the parties to the contract. A provision may also be referred to as a policy clause. In general, provisions are intended to protect the policy owner.

Entire Contract Provision

The entire contract clause or provision is found at the beginning of the policy and states that the entire contract consists of all included policy documents, the attached photocopy of the original application, and any attached riders or endorsements. Nothing may be incorporated by reference, meaning that the policy cannot refer to any outside documents as being part of the contract. Therefore, the insurer cannot deny a claim in the future by stating that it did not provide the policy owner with the entire contract.

Additionally, the entire contract provision prohibits the insurer (including the agent) from making any changes to the policy, either through policy revisions or changes in the company's bylaws, after the policy has been issued. Naturally, the policy owner or insured is also prohibited from making any changes to the policy.

The insurer has issued the policy in consideration of the application and payment of the premium. A copy of the application is attached and is part of the policy. The policy with the application makes up the entire contract. All statements made by or for the insured will be considered representations, rather than warranties. This insurer will not use any statements in defense of a claim unless it is made in the application, and a copy of the application is attached to the policy when issued.

Sample entire contract clause

This clause does not prevent a mutually agreed change to the policy if it expressly provides a mechanism for modifying the contract after it has been issued. Changes or additions to a life insurance contract are referred to as endorsements, riders, or amendments. Only authorized company officers may modify or amend an insurance contract, and the policy owners must agree to any changes before they take effect. Examples of mutually agreeable changes may include the policy owner changing the face amount of an adjustable life policy or adding additional coverage through a rider.

Execution Clause

The execution clause states that the insurance contract will be executed when both parties (the insurer and the policy owner) have satisfied the conditions of the contract. In other words, when both parties have fulfilled their responsibilities, the contract will be executed.

Modification Provision

This provision, which may be listed separately from the entire contract provision, states that any changes made to the contract must be in writing and endorsed or attached to the policy. It also states that only an executive officer of the insurer or authorized home office personnel has the authority to make any changes or modifications, or to waive a policy provision. A producer or agent is not required to countersign any such modification.

Privilege of Change Clause (Policy Change Provision)

The privilege of change clause — also known as the policy change provision or conversion option — outlines the conditions under which the company allows the policy owner to change the policy's coverage. If the premium is increasing, but the face value remains the same, the insured will not be required to prove insurability. However, the insured must prove insurability if premiums are decreasing or the face value is increasing, as this could lead to adverse selection.

Insuring Agreement Clause Provision

The insuring agreement, sometimes called a provision or clause, sets forth the company's fundamental promise to pay the policy benefits upon the insured's death or as otherwise defined in the insurance contract. This provision appears on the first page of the policy, which is also referred to as the policy face or cover page. Typically, the president and secretary of the insurance company undersign the insuring clause.

This agreement has been made between the policy owner and the insurer. It provides a coverage limit of $100,000 payable to the primary or other beneficiaries in the event of the insured's death. The annual premium is $400 to be paid in the method or mode selected by the policy owner. Further, the Company agrees to pay the surrender value to the policy owner if the insured is alive on the maturity date.

Sample insuring agreement clause

Consideration Clause

As previously described, there must be an exchange of value between the two parties for the contract to be legally enforceable. Consideration is the value given in exchange for a contractual promise. In an insurance policy, the consideration clause states that the policy owner's consideration consists of completing the application and paying the initial premium. The consideration clause or provision in an insurance policy also specifies the amount and frequency of premium payments that the policy owner must make to keep the insurance in force. The material statements of the applicant must be true. Therefore, the policy owner's consideration in a life insurance contract is the premium paid and their representations regarding health history which appear in the application. Again, the insurer's consideration in this life insurance agreement is its promise to pay a legitimate death claim once it receives a completed proof of loss (i.e., claim form) accompanied by a notarized death certificate.

If, for some reason, the consideration is not complete on the part of the policy owner, the contract will be void. Void means that there was never a valid contract and coverage was never in effect.

For example, if the policy owner's check bounces or is returned for insufficient funds, there's no coverage because there's no consideration. If the check clears the bank, but the insurer later discovers that the applicant engaged in material misrepresentations concerning their health, there will still be no coverage since there's no valid consideration. In this latter instance, the insurer will void or cancel the policy and return the premiums to the policy owner.


Key Takeaways
  • A life insurance policy's provisions establish the rights and obligations of both the insurer and the policy owner, and most states require the same standard set of provisions in every policy.
  • The entire contract provision states that the policy, any attached application, and any riders or endorsements make up the whole agreement — nothing may be incorporated by reference, and only authorized company officers may modify the contract.
  • The execution clause defines when the contract becomes effective — once both parties have satisfied their obligations — while the modification provision requires all changes to be in writing and does not require a producer's countersignature.
  • The privilege of change clause requires evidence of insurability only when a change would increase the insurer's risk (a decreasing premium or an increasing face value), since this could lead to adverse selection.
  • The consideration clause identifies the policy owner's consideration as the premium paid and truthful application representations; if consideration fails (e.g., a bounced check or material misrepresentation), the contract is void.