A corporate entity, Meridian Logistics, is the applicant and policyowner for a key-person life insurance policy covering its lead logistics director, Marcus. Both Marcus and an authorized executive of Meridian have signed the paper application. Before submitting the paperwork to the insurer, the producer notices that a question regarding Marcus's recent hazardous avocations was inadvertently left blank. The producer calls Marcus, who confirms he has no such avocations and verbally authorizes the producer to check "No" on his behalf. The producer marks the box, adds his own initials next to it, and forwards the application to underwriting. Which of the following best describes the regulatory status of this application?
- The alteration is legally invalid; the producer is strictly prohibited from altering an application unless the required parties personally initial the change.Answer
- BThe alteration is legally acceptable because the producer secured explicit verbal consent from the proposed insured prior to the underwriting review.
- CThe alteration is valid under the producer's implied authority, as agents are expected to complete missing administrative details to expedite policy issuance.
- DThe alteration is invalid strictly because the producer failed to also acquire telephonic approval from the Meridian Logistics executive.
Answer
The alteration is legally invalid because the producer must have the required parties physically initial any changes; verbal consent is never sufficient.
An insurance application is a foundational legal document that forms the basis of the insurance contract. Once it is signed, a producer has no legal authority to unilaterally make changes, additions, or corrections, even if the client gives explicit verbal permission over the phone. Any modifications to a completed application must be personally initialed by the applicant, and typically the proposed insured as well, to verify they agree with the changed representation.
Step-by-Step Solution
Key Concept
Signatures and Application Changes