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55 Cards in this Set
- Front
- Back
Underwriter
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a financial professional that evaluates the risks of insuring a particular person
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Insured
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a person covered from liabilities under an insurance plan
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Insurer
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the party in an insurance contract undertaking to pay compensation and overall liability
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Premium
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amount of money that an individual or business must pay for an insurance policy
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Insurable Interest
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people or possessions not subject to financial loss from an event do not have an insurable interest
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Business insurable interest
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take out insurance on the life of a key employee
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A spouse can take out insurance out on the other without their knowledge?
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it's impossible to take out insurance because the insured party would have to sign for it.
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When must insurable interest exist?
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at the time the insurance policy is purchased and at the time a loss occurs.
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Coli Policy (Corporate Owned Life Insurance)
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that employers take out on employees that benefit not the employee but the company.
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an employers take out this type of policy on employees that benefit not the employee but the company. It doesnt require employee approval
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Coli Policy
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Dead Peasant Policy
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policies on lower level employees, what is happening in the courts right now?
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Title insurance
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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.
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Floater insurance
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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.
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Malpractice insurance
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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.
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is the application part of the contract?
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yes
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if there are errors on the contract does it void the policy?
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yes
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If a person dies before the physical exam can the husband still collect?
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Must have binder insurance, Must have proof they would have passed the physical exam, And proof they paid the first premium.
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Are they obligated to return the premium?
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yes
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Co insurance at what level does it require to receive the face value of the policy
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80 percent
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Incontestability clauses
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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
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Antilapse clauses
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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
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Rights to cancel for insured and insurer
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Insured can cancel at any time. Insurer can cancel under certain circumstances but must give advance written notice
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o Unclear if policy has been issued- how is this settled
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Court presumes that the policy is in effect unless the company can show otherwise.
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Defenses against payment
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fraud or misrepresentation, lack of an insurable interest, illegal actions of the insured
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Person takes out life insurance and indicates age wrong, is that within the rights of the company to not pay?
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no
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If a person fails to reveal a heart condition under what rights can the insurer refuse to pay?
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only if it has been in effect for less than two years (incontestability clause)
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Insurance bought for home and you burn it down how much can you collect?
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none
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Devise
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a gift of real property by will, or the act of giving real property by will
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Bequest
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gift of personal property by will
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Legacy
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gift of personal property under a will
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Administrator
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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
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Residuum
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the assets of the estate of a person who has died with a will which are left after all specific gifts have been made
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Testamentary capacity requirements
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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
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How many witnesses are required to execute an enforceable will?
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two, sometimes three
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Oral wills, under what circumstances will they be enforceable?
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not permitted in most states. only valid if made during last illness of the testator (deathbed will)
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If a person destroys your will can they revoke it by destroying it?
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only in your presence and with your consent
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Do you have to register the revocation of your will at the county office?
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no?
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What is the purpose of probate procedures?
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proving and validating a will and settling all matters pertaining to an estate
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Poor man’s will
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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
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Intestacy
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if you were to die without a will
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If you don’t have a will and die and have a grandson and a sister, what kind of heirs are they?
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lineal descendants
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Intervivos
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trust created by grantor during their lifetime
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Testamentary heirs
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person who is constituted heir by testament executed in the form prescribed by law
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Lineal descendants
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grandchildren, brothers and sisters, sometimes parents
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How are funds split?
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per stirpes: heir takes the share that their deceased parent would have been entitled to, per capita: all heirs in certain class inherit equally
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If your children die before you, and one has a child and the other has many children, who gets what when you die?
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per stirpes or per capita
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Intervivos trusts
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trust created by grantor during their lifetime (aka living trust)
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Testamentary Trusts
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created by will and comes into existence on the settlor's death
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Resulting trust
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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
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Charitable trust
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property held by the trustee must be used for a charitable purpose
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Constructive trust
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equitable trust that is imposed in the interests of fairness and justice when someone wrongfully holds legal title to property
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Spend thrift trust
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protects beneficiary from spending all the funds to which they are entitled
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Toten trust
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created when a person deposits funds in their own name for a specific beneficiary, who will receive the funds of the depositor's death
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When does a trust become effective?
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when person dies unless living trust
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Can the grantor become or be the trustee?
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only in a revocable living trust
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