Insurance School of Texas – Flashcards
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Insurer
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Insurance company or carrier
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Insured
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Person whom insurance is written and rated
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Policy owner
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Person with ownership and rights but not necessarily the insured
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Beneficiary
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Person designsted to receive death benefits in a life or health policy
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Principle of Indemnity
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States the insured will be restored to the same financial condition as before the loss. Insured can not profit from insurance payout.
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Insurability
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Acceptability of an applicant for an insurance policy from an insurer at a given rate
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Underwriting
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Process of classifying a risk for the purpose of issuing insurance coverage
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Insurance Interest
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Principle the requires the insured to suffer financially in the event of a loss in order to obtain insurane and collect payment. Must exist at time of Application.
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Cancellation
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Discontinuation of a policy at the end of the policy term.
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Rider
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Endorsement; policy form used to revise coverage in an in-force life or health policy.
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Exclusion
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Cause of loss; condition or situation not covered by the policy.
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Commissioner of Insurance
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Appointed by Governor to be the Dept of Insurance's Chief exec and admin officer.
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Reinsurance Reserves
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Required fund set by the insurer for the protection of its policyholders for paying off for example claims, outstanding balances, etc.
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Admitted insurer
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Insurer that sought permission from the commissioner of ins and been granted auhority to sell insurance in Texas.
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Certificate of Authority
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License for insurer; shows that the insurer is approved to sell insurance in the State.
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Sanctions and Penalties
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Fails to meet admission requirements or breaks the rules of state, commission may suspend or revoke Cert of Authority.
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Non-Admitted Insurer
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Insurer not licensed to sell insurance is Texas.
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Surplus Lines
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Non-admitted insurance when insurers will not accept the insured.
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Domicile of insurer
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Jurisdiction under which company is formed, incorporated or has home office: 1. Domestic-formed in Texas 2. Foreign-different State 3. Alien- Different Country
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Examination of records
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Every 5 years, Dept of Insurance will examine the books and records to determine financial stability.
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Stock Insurer
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A stock insurer is owned by its policy holders. Have Board of directors elected for guidance. Taxable dividends.
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Mutual Insurer
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Mutual insurer is owned by policyholders. Guided by elected Board of Directors with nontaxable dividends as refund of unused premiums.
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Fraternal Benefit Society(type of insurer)
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Provides insurance only to their members in the organization.
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Reinsurance Company( type of insurer)
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A reinsuer asumes part of or all risk from primary insurer as method of risk sharing.
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Lloyds of Texas(type of insurer)
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Companies that consist of at least 10 underwriters and an attorney-in-fact to provide property and casualty insurance. Underwriters called Syndicates liable for risks they assume.
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Transacting Insurance
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Collects Premium, issues policy and proposals, recieves application, acts as producer, making phone calls and setting up appointments.
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Advertising Insurance
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For an advertisement to be legal ad must use full corporate name in any form.
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License type: Agent
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Standard type of license. Passed exam within 12 months at least 18 yrs old etc
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License type: Temporary Agent
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Temp license issued to those being considered for appointment by agent or insurer. 90 days validity.
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License type: Nonresident Agent
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Resident of another State wanting to sell insurance in Texas if state has Reciprocal Licensing Agreement with Texas.
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License Type: Limited Lines Agent
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Can only and exclusively sell specific or limited types of insurance like credit life, state minimum auto, prepaid legal services or residential fire.
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License type: Emergency License
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Issued without taking exam in event agent dies becomes disable or becomes insolvent. Valid 90 days per 12 month period.
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License type: Managing General Agent
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MGA required for an individual who supervises the field operations of the insirer they represent and have underwriting authority granted.
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License type: Life and Health Insurance Counselor
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License issued to a person who is available to the public to examine and evaluate risks for a person obtaining life or health insurance.
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Appointment
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Person wishing to sell insurance having an insurance license and an appointment form from an insurer selling policies in Texas
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Continuing education
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License expires after 24 months and must complete continuing education classes of 30 hours and 2 of the hours must include ethics.
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Agent responsibilities
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Position between insurer and insured where they represent both but technically only represent insurer aka the company.
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Boycott Coercion Intimidation
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Deliberate and forceful actions intended to unreasonably restrain individual from an individual or organization.
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Controlled business
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Selling only to friends family or employer
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Defamation
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Any written or spoken statement about a person or organization that is both false and maliciously critical of a person or company with intent to injure
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Discrimination
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Unfair or illegal treatment of or denial right to a person purely on the arbitrary basis of characteristics such as age race gender religion marital sexual orientation or origin
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False Advertising
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Publicly made statement that is deceptive or untrue or aimed to mislead the public about a person working in insurance or about the industry itself.
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Rebating
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Offering anything of value or returning or offering to return a portion of premium or commission to an applicant to induce the purchase of insurance from that agent. Nothing can be given as a thank you other than the policy itself *
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Commission sharing
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Two agents who have the same license type where one friend referred a customer to the other and are not appointed by the same company.
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Twisting
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Inducing or attempting to induce a policy owner to drop an existing policy to take another policy that is substantially the same by using misinterpretations or incomplete comparisons of the advantages and disadvantages of the two policies.
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Unfair claim settlement practices
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Unfair practices according to Chapters 541 and 542 of Texas Insurance Code
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Fair Credit Reporting Act
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Intended to promote fairness accuracy and protection of private information contained in consumer reports such as credit report. Applicant must be notified at time of application.
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USA Patriot Act
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Financial Anti Terrorism- imposed record keeping and reporting requirements on financial Institutions including insurers to aid in monitoring laundered money for drug trafficking or money being used to finance terrorism.
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Financial Services Modernization Act
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Gramm Leach Billet Act of 1999 to eliminate Depression era restrictions on financial institutions such as banks securities companies and insurers. Helped prohibit monopolies barring some companies from merging.
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Disciplining a license
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If any of the unfair Business practices or Claims Practices under chptrs 541;542 are committed the department may discipline an individual license.
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Risk
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Uncertainty concerning the potential for a loss
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Speculative risk
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Circumstances provide the opportunity for loss or gain or neither(uninsurable)
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Pure risk
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Circumstances provide the opportunity for loss but no opportunity for gain.
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Loss
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Reduction or elimination of value and forms the basis of claim for damages in insurance.
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Peril
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Cause of a loss
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Hazard
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Situation that makes a loss more likely
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Physical Hazard
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Physical or tangible circumstances that increase potential for a loss
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Moral Hazard
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Measured by character of the insured and he potential gain to the insured in case of loss
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Morale Hazard
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Indifference or carelessness that increases he probability of a loss
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Transfer
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shifting the burden of the risk onto another party
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Avoid
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Elimination of the risk
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Reduce
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Minimizing the risk but not eliminating it.
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Retain
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Self insuring meaning not carrying insurance for the risk.
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Legal purpose
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Contract can only be entered for a legal purpose.
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Competent parties
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Each party to the contract must have the legal capacity to enter the contact.
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Agreement
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One party must make an offer to the other which must be accepted, forming an agreement.
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Offer
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The applicant submitting the application and the initial premium
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Acceptance
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Insurers issuance of a policy
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Consideration
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Exchange of values by bother parties. Premium payment and promise to pay 4Ps
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Contract of Adhesion
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Contract offered to the first party(insured) by the insurer requiring the insured to accept or reject contract in total without having the opportunity to negotiate
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Unilateral contract
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An agreement where only one party makes a promise of future performance
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Conditional contract
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An agreement where both parties to the contract fulfill certain conditions to keep contract enforceable.
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Representation
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Statement made by applicant in the application that is believed to be true to the best of applicants knowledge.
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Warranty
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Statement made by applicant or a stipulation in the policy that guarantees something is true in all aspects. Can warrant name Ssn address etc
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Misrepresentation
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False statement made by an applicant in the application or claim form.
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Concealment
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Deliberate withholding or hiding information important to issuing the policy.
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Fraud
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Deception to take advantage of someone or something.
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Waiver
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The surrender of a right or privilege
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Death benefit
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Amount of coverage payable on the policy, sometimes called face amount.
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Cash value
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Amount of money accumulated within certain types of life insurance which policy owner may take loan or revive money by cancelling.
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Estate
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Sum of all assets minus any debts of a person at the time of their death.
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Waiting period
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Period of time person must wait before becoming eligible for benefits.
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Elimination period
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The period of time that must expire before disability benefits are paid.
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Policy goes into effect when
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Premium payment is made
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Trial application
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Application with nonpayment.
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Binding receipt
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Unconditional; coverage begins immediately last until approval or denial..
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Conditional receipt
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Temporary coverage wth conditions.
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Guaranteed purchase option
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Rider in a disability income policy allows the insured to purchase additional monthly benefits at specific ages without providing proof of good health.
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HRA
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100% employee funded
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Credit life
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Insurance on the life of the debtor.
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Key person policy
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Employer is owner, premium payor and usually the beneficiary
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Incontestability clause
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Cannot contest a claim after 2 years
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Producer of insurer
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Can not sign or request change in an insurance contract
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Uniform simultaneous death law
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Insured or primary beneficiary died first that the primary bene is presumed to have predeseased the insured and the funds go to the insured'S contingent
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Automatic premium loan
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Make sure policy doesn't lapse for non payment premium