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Question

Difficulty: HardSignatures and Application Changes

Horizon Logistics LLC is applying for a $500,000 life insurance policy on its regional director, Marcus. Under this third-party ownership structure, the LLC is the applicant and policyowner. Producer Elena reviews the paper application before submission and notices two issues: the LLC's address is misspelled, and Marcus forgot to sign the "Proposed Insured" section. Elena calls the LLC's managing partner, gets verbal permission to fix the address using correction fluid, and submits the application. Despite the missing signature and one completely unanswered medical history question, the insurer issues the policy. Which of the following statements regarding this scenario are correct? (Select all that apply)

  1. By issuing the policy with an unanswered medical question, the insurer has legally waived its right to contest a future claim based on that specific omitted information.Answer
  2. Elena violated underwriting protocols because application changes must be made by striking through the error and obtaining the applicant's initials, not by using correction fluid.Answer
  3. C
    Elena was permitted to alter the address on the application because she received explicit verbal authorization from the LLC's managing member.
  4. The application lacked necessary legal consent because an adult proposed insured must physically sign a third-party life insurance application.Answer
  5. E
    Under the law of agency, Elena possesses the apparent authority to correct minor administrative errors on the application to expedite the underwriting process.

Answer

The correct statements are that the insurer waived its right regarding the blank question, Elena violated protocols by using correction fluid, and the application improperly lacked the proposed insured's signature.
The correct statements properly identify that (1) issuing an incomplete application constitutes a legal waiver by the insurer, (2) correction fluid is strictly prohibited for modifying applications, and (3) an adult proposed insured must sign a third-party application to provide legal consent.

Step-by-Step Solution

1
Evaluate the legality of the producer's application modifications.
Elena's use of correction fluid and reliance on verbal authorization violated strict industry protocols requiring strike-throughs and physical initials.
An insurance application is a legal document; producers cannot unilaterally alter it or use opaque correction methods.
2
Determine the required signatures for a third-party business application.
Both the applicant (Horizon Logistics LLC) and the adult proposed insured (Marcus) must sign the document.
Third-party life insurance requires the explicit written consent of the individual whose life is being insured.
3
Analyze the legal consequence of the insurer issuing a policy with missing information.
The insurer waived its right to contest the blank medical question.
If an insurer accepts an incomplete application and issues a policy anyway, the legal doctrine of waiver applies, preventing the insurer from later claiming concealment regarding the unanswered question.

Key Concept

Signatures and Application Changes
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Topics

Signatures and Application Changes

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