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A licensed life producer in Maryland receives a request from a client to replace an existing life insurance policy with a new one from a different carrier. Under Maryland's replacement regulations, the producer must provide the client with specific disclosures and comply with procedural requirements before completing the transaction. Is the producer required to provide the client with a written comparison notice and follow the insurer's replacement procedures, including notifying the existing insurer of the proposed replacement?
Maryland, consistent with NAIC replacement model regulations, requires producers involved in a life insurance replacement to provide the applicant with a written notice regarding replacement, obtain a list of existing policies being replaced, and ensure the replacing insurer notifies the existing insurer within a specified timeframe. These procedures are designed to protect consumers from unnecessary policy replacements that may result in loss of benefits, new contestability periods, or surrender charges. Failure to follow these procedures can result in disciplinary action against the producer's license.
A policyowner surrenders a life insurance policy for its cash value. The cash value received is $45,000, and the total premiums paid into the policy over the years were $32,000. How is this transaction generally treated for federal income tax purposes?
When a policy is surrendered for cash value, any amount received in excess of the policyowner's cost basis (total premiums paid, minus any prior dividends or withdrawals) is taxable as ordinary income. In this case, $45,000 minus the $32,000 basis equals a $13,000 taxable gain, while the $32,000 return of basis is not taxed again. Life insurance cash value growth is tax-deferred, not tax-free, meaning taxation occurs upon surrender to the extent of any gain.
An underwriter reviewing a life insurance application notes that the applicant is a skydiving instructor with a family history of early cardiac disease. The underwriter classifies the applicant in a rating class that requires a higher-than-standard premium due to increased mortality risk. This classification is best described as which type of risk?
A substandard (rated) risk is one that presents a higher-than-average mortality or morbidity risk but is still insurable, typically resulting in a higher premium (rated up) or reduced benefits. Preferred and standard risks represent average or better-than-average risks charged standard or discounted rates. A declined risk is one the insurer refuses to cover at all. Since the applicant is still being offered coverage, just at a higher premium, this is a substandard classification, not declined.
A 68-year-old client purchases a single premium immediate annuity and elects a life-only payout option. The client wants to understand how this choice affects payments compared to other settlement options. Which statement best describes the life-only (straight life) annuity option?
A life-only (straight life) annuity settlement option pays the highest periodic income of all settlement options because payments are based solely on the annuitant's life expectancy with no continuation of benefits after death, and the insurer keeps any remaining reserve. This carries the risk that if the annuitant dies shortly after annuitization, little or nothing is paid out overall. Options describing guaranteed periods, joint survivor continuation, or refunds describe other settlement options such as life with period certain, joint and survivor, or installment/cash refund annuities.
An agent sells a whole life policy to a client. Two years later, the insured dies and it is discovered that the insured lied about a serious pre-existing heart condition on the application. The policy has been in force for 25 months. What is the insurer's most likely course of action?
The standard contestability clause allows an insurer to contest a policy for material misrepresentation only within the first two years (24 months) it is in force. Since the policy had been in force for 25 months at the time of death, the contestable period has expired, and the insurer generally must pay the full death benefit despite the misrepresentation, absent proof of fraud that some states still allow to be contested indefinitely. In most standard exam scenarios without a specific fraud carve-out mentioned, the incontestability clause protects the beneficiary once the period has passed.