Key Takeaways
- California requires a 30-day free look period for life insurance policies (10 days for replacements)
- Life insurance policies must include a 2-year incontestability clause under California law
- California prohibits unfair discrimination based on sex, gender identity, or marital status in life insurance
- Suicide exclusion in California is limited to 2 years from policy issue date
- California requires insurers to locate and notify beneficiaries of death benefits
California Life Insurance Policy Requirements
California law imposes specific requirements on life insurance policies sold in the state. These requirements protect consumers and ensure policy standardization.
Free Look Period
California provides one of the longest free look periods in the nation:
| Policy Type | Free Look Period |
|---|---|
| Standard Life Policy | 30 days |
| Replacement Policy | 10 days |
| Senior Citizens (65+) | 30 days |
| Annuities | 30 days |
During the free look period, the policyholder can:
- Review the policy
- Return it for a full refund of premiums paid
- No questions asked, no penalty
Exam Tip: California's 30-day free look for life insurance is longer than the standard 10-day period in most states. This is a frequently tested difference.
Incontestability Clause
California requires a 2-year incontestability clause in all life insurance policies:
- After 2 years from issue, the insurer cannot contest the policy based on misstatements in the application
- Exceptions: Fraud, non-payment of premiums, or violation of policy conditions
- The clause protects beneficiaries from having claims denied due to application errors
California Specific Rules
- Incontestability period begins from the issue date, not effective date
- If policy lapses and is reinstated, a new 2-year period begins
- Does not protect against material fraud in some circumstances
Suicide Clause
California limits the suicide exclusion:
- Suicide exclusion cannot exceed 2 years from policy issue
- After 2 years, death by suicide is covered
- If policy is reinstated, new 2-year period may apply
- Accidental death benefits may have different rules
Unfair Discrimination Prohibitions
California has strong anti-discrimination laws for insurance:
Protected Classes in California Insurance
| Protected Class | Prohibition |
|---|---|
| Sex | Cannot charge different rates based on sex alone |
| Gender Identity | Cannot discriminate based on gender identity |
| Marital Status | Cannot charge more for being single/married |
| Sexual Orientation | Cannot discriminate in underwriting |
| Domestic Partner Status | Must treat same as married |
What IS Permitted
Insurers can consider:
- Age
- Health conditions
- Smoking status
- Occupation (with limitations)
- Lifestyle factors related to risk
California Specific: California is one of the few states that prohibits sex-based rate discrimination in life insurance. Many states still allow different rates for men and women.
Beneficiary Protections
California has specific beneficiary protection laws:
Death Master File Requirement
California requires insurers to:
- Cross-check policies against the Social Security Death Master File
- Locate beneficiaries when a death is identified
- Make good-faith efforts to pay death benefits
- Cannot charge fees for locating beneficiaries
Unclaimed Property
If beneficiaries cannot be found:
- Death benefits are not forfeited
- Must be reported as unclaimed property
- Escheat to the State Controller's Office
- Beneficiaries can still claim from the state
Policy Delivery Requirements
California requires:
- Policy delivered within 60 days of issue
- Delivery must include policy summary
- Receipt must be obtained
- Electronic delivery permitted with consent
How long is the free look period for a standard life insurance policy in California?
Which of the following is NOT a prohibited basis for discrimination in California life insurance?