Life Policy provisions

Beneficiary Designations

Primary: The individual named in the policy to receive death benefits if living.  The primary beneficiary’s right at the time of the insured’s death and owner’s rights end. Policy owner has the right to change beneficiaries at anytime as long as the beneficiary is not irrevocable.  Irrevocable beneficiaries must agree to change.  If the irrevocable […]

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Rescission of a life policy at insured’s death

During the first 2 years following the date of issue, the insurance company may rescind the coverage for any material misrepresentation regardless of the cause of death. For example, if an applicant fails to disclose on the insurance application that he has diabetes but then dies from a heart attack, the company may rescind the

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Interest due on a delayed life or disability claim

With the exception of Alaska, Delaware, District of Columbia and Puerto Rico, the remaining states have a regulation regarding the payment of interest on delayed claim.  When the wording differs from state to state, the idea is to protect the beneficiary from undue claim delays while the insurance company earns interest on that claim money.

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Husband passed away and he never removed his ex-wife and added the new wife. What happens?

The beneficiary designation by the husband probably states, “(ex-wife’s name), wife of insured.” While she is no longer married to the insured, the courts have ruled that words such as “wife of the insured” is description of the relationship at the name the spouse was named. The name of the beneficiary itself is controlling. Therefore,

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I have the start of dementia, how do I protect my family from lost of coverage because I failed to pay my life insurance premiums on time?

In Illinois, The law provides that a life company issuing an individual life insurance contract on or after January 1, 2022, shall notify an applicant, in writing of the applicant’s right to designate a secondary addressee to receive notice of cancellation of the policy based on nonpayment of premium. The applicant may make such a

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Payment of Interest on a Life Insurance policy

When an insurer delays payment on a life or annuity contract, they have deprived the insured or beneficiaries of the use of the money.  To stop unnecessary delays in payment of proceeds, states have enacted laws requiring the payment of interest to those effected by the delays.  Below is the Illinois Law: 215 ILCS 5/224

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Is there a way to search for written life insurance policies in any State?

Yes, there is. This is a website that will help https://eapps.naic.org/life-policy-locator/#/acknowledgment      

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What is a contestable period of a life insurance policy?

During the first two years, the insurance company can challenge a death claim based on health history of insured. Insurers will order a complete medical records, check the physical examinations and other sources of  information.  In some cases, it will request copies of coroner’s (Medical examiner) reports, and police reports.

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