Two business partners, David and Michael, are establishing a cross-purchase buy-sell agreement. David is applying for a life insurance policy on Michael's life, where David will act as the applicant, policyowner, and premium payor. Before submitting the paper application to the insurer, the producer discovers that a question regarding Michael's participation in hazardous hobbies was left unanswered.
Based on insurance regulations regarding application changes and signatures, which of the following statements are legally correct? (Choose all that apply.)
- Both David, as the applicant and policyowner, and Michael, as the proposed insured, are legally required to sign the original application.Cevap
- BThe producer may exercise implied authority to fill in the missing hobby information without the applicants' initials, provided David gives verbal consent over the phone.
- If the insurer issues the policy while the hazardous hobby question remains unanswered, the insurer legally waives its right to void the contract later based on that specific omission.Cevap
- DThe producer has apparent authority to sign the application on Michael's behalf, because Michael is not the applicant purchasing the policy.
Cevap
The correct statements are that both David and Michael must sign the application, and that the insurer waives its right to contest the omission if it accepts the application and issues the policy with the question left blank.
In a third-party ownership arrangement, both the owner and the insured are legally required to sign the application. Furthermore, under the legal doctrine of waiver, if an insurer issues a policy based on an incomplete application, it accepts the application as-is and permanently waives the right to contest claims based on the unanswered questions.
Adım Adım Çözüm
Anahtar Kavram
Signatures and Application Changes
Tahmini Süre:1m 30s