Policy or Contract Replacement
Florida takes replacement very seriously because replacement is where twisting and churning often occur.
A replacement generally means a new life insurance policy or annuity is being purchased, and an existing one is being surrendered, lapsed, forfeited, or otherwise reduced.
Replacement questions on the exam often focus on:
- What form must be given
- Who must sign it
- Which insurer must notify whom
- Recordkeeping requirements
- Exact timelines
Duties of the Agent
When replacing an existing life policy or annuity, the agent must:
- Provide the Notice Regarding Replacement
- Obtain the applicant’s signature
- Sign the form as the producer
- Submit replacement documentation to the insurer
- Leave copies with the applicant
If the producer fails to properly document the replacement, that is a major violation.
Example
A producer recommends replacing an older whole life policy with a new universal life policy, but never provides the replacement notice and never leaves the consumer a copy.
That is a clear replacement violation.
Duties of the Replacing Insurer
Florida places duties not just on the producer, but also on the replacing insurer.
The replacing insurer must:
- Notify the existing insurer immediately
- Maintain replacement records
- Provide required disclosures
- Retain documentation for regulatory review
Replacement Timeframes You Should Know
These timelines are very testable.
Replacing insurer
- If the applicant requests a comparative form, the replacing insurer must provide it within 5 working days.
Existing insurer
- If the policyowner requests a comparative form on the existing policy, the existing insurer must provide it within 10 days after receiving the replacement notice.
Record retention
- Both replacing and existing insurers must maintain indexed replacement files for 3 years or until the next regular examination, whichever is later.
Individual Life Contracts
Florida requires individual life insurance policies to contain certain standard provisions and consumer protections.
The exam often tests these provisions through questions about what a policy must include and what rights the policy owner has.
Standard Provisions
Protection of Beneficiaries from Creditors
Life insurance proceeds payable to a named beneficiary are generally protected from the beneficiary’s creditors, subject to Florida law.
Florida also offers strong protections for life proceeds and annuity values against creditors in many situations.
Prohibited Provision
Life insurance policies may not include:
- Unlawful exclusions
- Misleading clauses
- Provisions that conflict with Florida law
If policy language conflicts with Florida statutes, the statute controls.
That is a classic exam principle.
Free Look
Florida provides a free look period for life insurance policies.
In most cases, this is commonly tested as at least 10 days, though some policies or situations may involve a longer period.
During the free look period:
- The policy owner may cancel
- The full premium must be refunded
Florida consumer guidance often frames life insurance as having an unconditional refund period of at least 14 days in certain solicitation contexts, so read the exact wording carefully on the exam.
Example
A policyowner receives a life insurance policy, reads it the next day, and decides it is not what they wanted. If still within the free look period, they may return it for a full refund.
Grace Period
Florida life insurance policies must provide a grace period of at least 30 days for premium payments after the first premium.
During the grace period:
- The policy remains in force
- Coverage continues
- The insurer may deduct overdue premiums from the death benefit if a claim occurs
Designation of Beneficiary
The policyowner generally has the right to name and change beneficiaries unless the designation is irrevocable.
That is the standard rule.
Effect of Divorce on Beneficiary Designations
Florida has a highly testable rule here.
In Florida, divorce may revoke a former spouse’s beneficiary designation unless the designation is specifically reaffirmed or an exception applies.
That means many exam questions will test whether a former spouse still receives proceeds after divorce.
Example
A husband names his wife as beneficiary on his life policy. Years later, they divorced, and he never updated the policy.
Florida may treat the former spouse as having predeceased the insured, unless an exception applies.
Secondary Addressee for Lapse Notices
Florida also includes special lapse protections, especially for older insureds.
For life insurance covering a natural person age 64 or older, issued on or after the applicable statutory date and in force for at least one year, the policy may not lapse for nonpayment unless the insurer sends notice of impending lapse to:
- The policyowner
- Any designated secondary addressee
This notice must generally be sent at least 21 days before the effective lapse date.
If there is an agent of record, the insurer must usually also send the agent a copy.
This is a favorite Florida exam trap because students often forget the secondary addressee rule.
Nonforfeiture Options
Life insurance policies with cash value must provide nonforfeiture options.
These are the protections that preserve some value if the policy owner stops paying premiums.
The three classic nonforfeiture options are:
- Cash surrender value
- Reduced paid-up insurance
- Extended term insurance
Example
A whole life policy lapses because the owner stops paying premiums. Instead of losing everything, the owner may be entitled to one of the nonforfeiture options.
Settlement Options
Settlement options determine how death proceeds are paid to the beneficiary.
Common options include:
- Lump sum
- Interest-only
- Fixed period
- Life income
These choices can affect how quickly the beneficiary receives the proceeds and how long the payments last.