A self-employed contractor completes a life insurance application and provides a check for the first premium on October 1. The producer hands the contractor a conditional receipt. Due to the requested coverage amount, a medical examination is mandatory. The contractor successfully completes the medical exam on October 8. On October 10, before the insurer can review the paperwork or issue the policy, the contractor suffers a fatal heart attack. The underwriting department subsequently verifies that the contractor met the criteria for a standard risk class on the day of the exam.
Based on these events, which of the following statements accurately describe the legal standing of the coverage? (Select all that apply)
- The effective date of the life insurance coverage is established as October 8, coinciding with the completion of the medical examination.Cevap
- The insurer bears liability for the claim because the applicant was ultimately proven to be insurable as a standard risk on the date of the medical exam.Cevap
- CThe coverage became immediately effective on October 1 when the initial premium was exchanged for the conditional receipt.
- DThe insurer is only obligated to return the collected premium because the underwriter had not yet officially approved the application prior to the applicant's death.
- EThe producer exercised express authority by issuing the conditional receipt, which acted as an unconditional binder of coverage.
Cevap
The statements establishing the effective date as the date of the medical exam and confirming the insurer's liability for the claim are correct.
Under a conditional insurability receipt, coverage becomes effective on either the date of the application or the date of the medical exam, whichever is later. Since a medical exam was required and completed on October 8, and the applicant was determined to be insurable on that date, the coverage was retroactively in force when the applicant died on October 10.
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Anahtar Kavram
Conditional Insurability Receipts and Retroactive Coverage