The beneficiary is the person or entity who will receive the policy proceeds upon the death of the insured. Insurable interest rules do not apply to beneficiaries. As long as the policy owner has an insurable interest in the insured’s life at the time of policy issuance, the beneficiary does not need to have one. For example, you may be named the beneficiary of a policy on the life of a distant relative with whom you have no insurable interest.
If a beneficiary is named revocable the owner has the right to change the beneficiary without his/her consent. Because of the flexibility it provides, it is the more common designation.
With an irrevocable designation, the owner loses the right to change the beneficiary or to assign the policy without the beneficiary’s permission. The beneficiary has a vested right to policy benefits.
The primary beneficiary is the first person (or persons) to receive benefits. Proceeds can be split between multiple people, if desired. The contingent beneficiary will receive benefits only if the primary beneficiary is deceased at the death of the insured. If the primary and contingent beneficiaries predecease the insured, the final beneficiary is the insured’s estate.
Individuals:
Class Designations:
Estates:
Minors:
Charities:
Trusts:
This clause allows the policy owner to choose a settlement option under which the beneficiary will receive benefits over time. It prevents the proceeds from being assigned or claimed by the beneficiary’s creditors, and it also prevents a lump sum distribution. The spendthrift clause is often used to protect beneficiaries from creditors or from poor money management.
The majority of the states enacted the Uniform Simultaneous Death Act. Although some slight variations exist from one state to another, the law essentially provides that the death benefit will be paid as if the insured had outlived the beneficiary if they die simultaneously. This prevents the death benefit from passing into the estate of a beneficiary who is already deceased only to be distributed immediately from that estate, a wasteful procedure that precipitates additional legal proceedings, costs, and estate taxes. The common disaster clause states that the primary beneficiary must survive the insured by a number of days (usually 30-90 days) or the death benefit is automatically paid to the contingent beneficiary.
This clause states the promise of the company and includes the insured’s name, face amount, and when and to whom the company will make benefit payments.
This clause summarizes the cost of the policy, including the premium amount and frequency (mode of payment), and the additional cost of any policy riders. The consideration clause states the policy owner’s consideration (the premium) and the insurer’s consideration (the promise to pay the death benefit) but does not address the grace period, which is provided in a separate policy provision.
State law generally requires insurers to allow a policy owner to return a contract within 10 days from the date of delivery (20 days if replacing existing coverage) and receive a full refund of premiums paid. No reason need be given for the return. Some states offer longer free-look periods for certain age groups or specific products, but the period begins on delivery, not on the application date.
This provision states that the policy, plus the application and all riders, attachments, waivers, notes, reports, etc. represent the entire contract and will be admissible in court.
Beneficiary Designation: The beneficiary is the recipient of the policy proceeds and can be named revocable or irrevocable. Beneficiaries can be primary, contingent, individuals, estates, minors, charities, or trusts.
Spendthrift Clause: Offers a settlement option where proceeds are received over time and helps protect beneficiaries from creditors or poor money management.
Common Disaster Clause: Ensures that if the primary beneficiary does not survive the insured, the benefit will pass to the contingent beneficiary.
Insuring Clause: Details the company’s promise, insured’s information, face amount, and payment terms.
Consideration Clause: States the policy cost, premium frequency, and the obligations of both the policy owner and insurer. The grace period is a separate provision.
Free Look: A period of time, beginning on the date of policy delivery, during which the purchaser of an insurance policy or annuity can cancel the contract for a full refund of premiums paid, with no penalty. The length of the period is set by state law — commonly 10 days, 20 days for replacement policies, and longer in some cases.
Entire Contract Clause: States that the policy, application, riders, and attachments together represent the entire contract and can be admissible in court.
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