Examkin

Question

Difficulty: Very hardSignatures and Application Changes

A limited liability company (LLC) applies for a key-person life insurance policy on its lead software developer, Julian. The LLC is the applicant and policyowner, while Julian is the proposed insured. Prior to submission, Producer Hayes realizes he misspelled the LLC's legal name on the paper application. To prevent processing delays, Hayes uses correction fluid to erase the mistake, writes the correct name, and initials the change himself. Additionally, Hayes notices that the question regarding Julian's participation in hazardous avocations is completely blank, but he submits the application without addressing it. The insurer's underwriting department overlooks the blank question, accepts the application, and issues the policy. Eight months later, Julian dies in a skydiving accident. Upon investigation, the insurer discovers skydiving was a regular hobby of Julian's. Based on insurance regulations and contract law, which of the following accurately describes the insurer's liability and the legality of the producer's actions?

  1. The insurer must pay the death benefit because issuing the policy waived the right to the missing information, but the producer violated application protocols by using correction fluid and altering the document without the applicant's initials.Answer
  2. B
    The insurer is released from paying the death benefit because the blank question represents a material concealment of risk, which invalidates the contract during the contestability period.
  3. C
    The insurer must pay the death benefit because issuing the policy waived the right to the missing information, and the producer acted within acceptable protocols by unilaterally correcting a strictly clerical error.
  4. D
    The insurer is released from paying the death benefit because the producer exceeded his express authority by altering the application, which automatically nullifies the contract regardless of the insurer's oversight.

Answer

The insurer must pay the death benefit because issuing the policy waived the right to the missing information, but the producer violated application protocols by using correction fluid and altering the document without the applicant's initials.
The correct answer accurately applies two distinct regulatory principles. First, if an insurer issues a policy based on an application with a blank question, the doctrine of waiver prevents them from later denying a claim based on that missing information. Therefore, the insurer must pay the death benefit. Second, producers are strictly prohibited from using correction fluid on legal documents and cannot unilaterally alter an application. To legally change an application, the error must be crossed out, the correct information written in, and the applicant must initial the change.

Step-by-Step Solution

1
Analyze the legal consequence of the blank application question.
The insurer issued the policy despite the unanswered question regarding hazardous avocations.
Under the legal doctrine of waiver, if an insurer accepts an incomplete application and issues a policy, they waive the right to contest a claim based on that missing information.
2
Determine if the insurer can deny the claim due to the skydiving death.
The insurer cannot deny the claim.
Because the right to the information was waived at issuance, the insurer is liable for the death benefit even though the death was caused by a hazardous avocation.
3
Evaluate the legality of the producer's method of changing the application.
The producer used correction fluid and initialed the change himself.
Insurance regulations strictly forbid the use of correction fluid (white-out). Errors must be struck through, corrected, and initialed by the applicant.
4
Combine the findings to select the correct statement.
The insurer is liable for the claim (due to waiver), but the producer committed a regulatory violation regarding application changes.
This matches the option stating the insurer must pay, but the producer violated protocols by using correction fluid and lacking the applicant's initials.

Key Concept

Application Changes and Waiver of Information
Rate this question

Topics

Signatures and Application Changes

More questions from this topic