Standard Policy Provisions
Life insurance policies contain standard provisions required by state law and industry practice. Understanding these provisions is essential for the exam and for explaining policy terms to clients.
Entire Contract Clause
The entire contract clause states that the policy, together with the application (if attached), constitutes the entire agreement between the insurer and the policy owner.
Purpose
| Purpose | Benefit |
|---|---|
| Prevents hidden terms | No other documents can modify the contract |
| Protects policy owner | Insurer cannot add provisions later |
| Creates certainty | All terms are in one place |
Key Points
- The application must be attached to the policy
- Oral statements by agents are not part of the contract
- Only written provisions in the policy are enforceable
- Changes require written endorsements or riders
Insuring Clause
The insuring clause (also called the insuring agreement) is the heart of the policy—it describes the insurer's promise to pay.
What It Contains
| Element | Description |
|---|---|
| Promise to pay | Insurer agrees to pay the death benefit |
| Conditions | Upon death of the insured |
| Beneficiary | To the designated beneficiary |
| Amount | The face amount stated in the policy |
Example Language
"We will pay the death benefit to the beneficiary upon receipt of proof of death of the insured while this policy is in force."
Free Look Period
The free look period gives the policy owner time to review the policy and return it for a full refund if not satisfied.
Standard Terms
| Feature | Typical Requirement |
|---|---|
| Length | 10-30 days (varies by state) |
| Starting point | From policy delivery |
| Refund | Full premium refund |
| No penalty | No surrender charges apply |
Purpose
- Allows review of actual policy terms
- Protects against high-pressure sales
- Provides time to compare with other options
- Required by state insurance law
Exam Tip: The free look period typically begins when the policy is delivered, not when it is issued or applied for.
Grace Period
The grace period is the time after a premium due date during which the policy remains in force even though the premium has not been paid.
Standard Terms
| Feature | Typical Requirement |
|---|---|
| Length | 30-31 days |
| Coverage | Policy remains in force |
| Death during grace period | Benefit paid (minus premium due) |
| After grace period | Policy lapses if premium unpaid |
Important Points
- Policy cannot be canceled during grace period
- If insured dies during grace period, death benefit is paid
- Overdue premium is deducted from the death benefit
- After grace period expires, policy lapses
Reinstatement Provision
The reinstatement provision allows a lapsed policy to be restored to active status.
Requirements for Reinstatement
| Requirement | Description |
|---|---|
| Time limit | Within 3-5 years of lapse (varies) |
| Evidence of insurability | Must prove good health |
| Back premiums | Must pay all past-due premiums |
| Interest | Must pay interest on back premiums |
| Outstanding loans | Must repay or reinstate loans |
What Happens Upon Reinstatement
- A new contestability period begins (typically 2 years from reinstatement)
- A new suicide exclusion period may begin
- Cash value is restored
- Policy terms remain the same as before lapse
Reinstatement vs. New Policy
| Factor | Reinstatement | New Policy |
|---|---|---|
| Premium rate | Original (often lower) | Based on current age |
| Contestability | New 2-year period | New 2-year period |
| Cash value | Restored | Starts over |
| Policy date | Original | New |
Incontestability Clause
The incontestability clause limits the time during which the insurer can challenge the validity of the policy.
How It Works
| Period | Insurer's Rights |
|---|---|
| First 2 years | Can contest for material misrepresentation |
| After 2 years | Cannot contest, even for fraud |
What "Incontestable" Means
After the contestability period:
- Policy cannot be voided for misstatements on application
- Even fraud does not allow the insurer to deny claims
- Only exceptions: lack of insurable interest, impersonation
Exceptions to Incontestability
| Exception | Description |
|---|---|
| No insurable interest | Policy void if insurable interest never existed |
| Impersonation | Someone other than insured took the medical exam |
| Policy exclusions | Still apply (e.g., suicide clause) |
| Non-payment of premium | Policy can still lapse |
Exam Tip: After 2 years, the policy is incontestable. The insurer must pay even if the insured lied on the application (with narrow exceptions).
Misstatement of Age or Sex
The misstatement of age or sex provision addresses what happens if the insured's age or sex was stated incorrectly on the application.
Effect of Misstatement
| Situation | Result |
|---|---|
| Age understated | Death benefit reduced to what premiums would have purchased at correct age |
| Age overstated | Death benefit increased (or premiums refunded) |
| Sex misstated | Similar adjustment based on correct rates |
Example
- Insured stated age as 35, actual age was 40
- Premium for age 35: $500/year
- Premium for age 40 (correct): $700/year
- Premium paid would have purchased only $357,000 at age 40 rates
- Death benefit adjusted from $500,000 to $357,000
Key Point
- The policy is NOT voided—it is adjusted
- This provision is NOT subject to the incontestability clause
- Adjustment can be made even after 2 years
- Can work in either direction (increase or decrease)
Key Takeaways
- Entire contract clause: Policy + application = complete agreement
- Insuring clause: Insurer's promise to pay the death benefit
- Free look period: 10-30 days to review and return for full refund
- Grace period: 30-31 days to pay overdue premiums
- Reinstatement: Lapsed policy can be restored (with conditions)
- Incontestability: After 2 years, insurer cannot void for misrepresentation
- Misstatement of age/sex: Benefit adjusted, policy not voided
The incontestability clause provides that after the policy has been in force for 2 years:
If an insured understated their age on the application, the insurer will:
The grace period for a life insurance policy is typically:
To reinstate a lapsed life insurance policy, the policy owner must typically:
10.2 Ownership and Assignment
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