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55 Cards in this Set

  • Front
  • Back
Underwriter
a financial professional that evaluates the risks of insuring a particular person
Insured
a person covered from liabilities under an insurance plan
Insurer
the party in an insurance contract undertaking to pay compensation and overall liability
Premium
amount of money that an individual or business must pay for an insurance policy
Insurable Interest
people or possessions not subject to financial loss from an event do not have an insurable interest
Business insurable interest
take out insurance on the life of a key employee
A spouse can take out insurance out on the other without their knowledge?
it's impossible to take out insurance because the insured party would have to sign for it.
When must insurable interest exist?
at the time the insurance policy is purchased and at the time a loss occurs.
Coli Policy (Corporate Owned Life Insurance)
that employers take out on employees that benefit not the employee but the company.
an employers take out this type of policy on employees that benefit not the employee but the company. It doesnt require employee approval
Coli Policy
Dead Peasant Policy
policies on lower level employees, what is happening in the courts right now?
Title insurance
insurance meant to protect an owner's or a lender's financial interest in real property against loss due to title defects, liens or other matters.
Floater insurance
policy that covers property that is easily movable and provides additional coverage over what normal insurance policies do not. anything from jewelery to expensive stereo equipment.
Malpractice insurance
helps protect professional service providing individuals and companies from bearing the full cost of defending against a negligence claim made by a client, and damages awarded in such a civil lawsuit.
is the application part of the contract?
yes
if there are errors on the contract does it void the policy?
yes
If a person dies before the physical exam can the husband still collect?
Must have binder insurance, Must have proof they would have passed the physical exam, And proof they paid the first premium.
Are they obligated to return the premium?
yes
Co insurance at what level does it require to receive the face value of the policy
80 percent
Incontestability clauses
clause in a life or health insurance policy that states that after policy has been in force for specified length of time (usuallly 2-3 years) the insurer cannot contest statements made in the policyholder's application
Antilapse clauses
policy will not automatically lapse if no payment is made on the date due. Grace period of 30 or 31 days to pay before policy is cancelled
Rights to cancel for insured and insurer
Insured can cancel at any time. Insurer can cancel under certain circumstances but must give advance written notice
o Unclear if policy has been issued- how is this settled
Court presumes that the policy is in effect unless the company can show otherwise.
Defenses against payment
fraud or misrepresentation, lack of an insurable interest, illegal actions of the insured
Person takes out life insurance and indicates age wrong, is that within the rights of the company to not pay?
no
If a person fails to reveal a heart condition under what rights can the insurer refuse to pay?
only if it has been in effect for less than two years (incontestability clause)
Insurance bought for home and you burn it down how much can you collect?
none
Devise
a gift of real property by will, or the act of giving real property by will
Bequest
gift of personal property by will
Legacy
gift of personal property under a will
Administrator
one who is appointed by a court to administer a person's estate if the decedent died without a valid will or if the executor named in the will cannot serve
Residuum
the assets of the estate of a person who has died with a will which are left after all specific gifts have been made
Testamentary capacity requirements
must be 18, know the nature of the act of making a will, comprehend and remember the "natural objects of thier bounty" (kids/family), know the nature and extent of property, understand distribution of assets called for by the will
How many witnesses are required to execute an enforceable will?
two, sometimes three
Oral wills, under what circumstances will they be enforceable?
not permitted in most states. only valid if made during last illness of the testator (deathbed will)
If a person destroys your will can they revoke it by destroying it?
only in your presence and with your consent
Do you have to register the revocation of your will at the county office?
no?
What is the purpose of probate procedures?
proving and validating a will and settling all matters pertaining to an estate
Poor man’s will
joint accounts are often referred to as the "poor man's will" because they allow an individual to give assets to another upon death without resort to the probate process
Intestacy
if you were to die without a will
If you don’t have a will and die and have a grandson and a sister, what kind of heirs are they?
lineal descendants
Intervivos
trust created by grantor during their lifetime
Testamentary heirs
person who is constituted heir by testament executed in the form prescribed by law
Lineal descendants
grandchildren, brothers and sisters, sometimes parents
How are funds split?
per stirpes: heir takes the share that their deceased parent would have been entitled to, per capita: all heirs in certain class inherit equally
If your children die before you, and one has a child and the other has many children, who gets what when you die?
per stirpes or per capita
Intervivos trusts
trust created by grantor during their lifetime (aka living trust)
Testamentary Trusts
created by will and comes into existence on the settlor's death
Resulting trust
arises from the conduct of the parties. when one party holds the actual legal title to another's property only for that other person's benefit
Charitable trust
property held by the trustee must be used for a charitable purpose
Constructive trust
equitable trust that is imposed in the interests of fairness and justice when someone wrongfully holds legal title to property
Spend thrift trust
protects beneficiary from spending all the funds to which they are entitled
Toten trust
created when a person deposits funds in their own name for a specific beneficiary, who will receive the funds of the depositor's death
When does a trust become effective?
when person dies unless living trust
Can the grantor become or be the trustee?
only in a revocable living trust