Life insurance is a contract between an insurance policy holder and
an insurer, where the insurer promises to pay a designated beneficiary a sum of
money (the "benefits") upon the death of the insured person.
Depending on the contract, other events such as terminal illness or critical
illness may also trigger payment. The policy holder typically pays a premium,
either regularly or as a lump sum. Other expenses (such as funeral expenses)
are also sometimes included in the premium; however, in Australia the
predominant form simply specifies a lump sum to be paid on the policy holder's
death.
The advantage for the policy owner is "peace of mind", in knowing
that the death of the insured person will not result in financial hardship for
loved ones.
Life policies are legal contracts and the terms of the contract describe the
limitations of the insured events.
Specific exclusions are often written into
the contract to limit the liability of the insurer; common examples are claims
relating to suicide, fraud, war, riot and civil commotion.
Life-based contracts tend to fall into two major categories:
- Protection policies – designed to provide a benefit in the event of specified event, typically a lump sum payment. A common form of this design is term insurance.
- Investment policies – where the main objective is to facilitate the growth of capital by regular or single premiums. Common forms (in the US) are whole life, universal life and variable life policies.
Parties to contract
There is a difference between the insured and the policy owner, although the
owner and the insured are often the same person. For example, if Joe buys a
policy on his own life, he is both the owner and the insured. But if Jane, his
wife, buys a policy on Joe's life, she is the owner and he is the insured. The
policy owner is the guarantor and he will be the person to pay for the policy.
The insured is a participant in the contract, but not necessarily a party to
it. Also, most companies allow the payer and owner to be different, e. g. a
grandparent paying premiums for a policy on a child, owned by a grandchild.
The beneficiary receives policy proceeds upon the insured person's death.
The owner designates the beneficiary, but the beneficiary is not a party to the
policy. The owner can change the beneficiary unless the policy has an
irrevocable beneficiary designation. If a policy has an irrevocable
beneficiary, any beneficiary changes, policy assignments, or cash value
borrowing would require the agreement of the original beneficiary.
In cases where the policy owner is not the insured (also referred to as the celui
qui vit or CQV), insurance companies have sought to limit policy purchases
to those with an insurable interest in the CQV. For life insurance policies,
close family members and business partners will usually be found to have an
insurable interest. The insurable interest requirement usually demonstrates
that the purchaser will actually suffer some kind of loss if the CQV dies. Such
a requirement prevents people from benefiting from the purchase of purely
speculative policies on people they expect to die. With no insurable interest
requirement, the risk that a purchaser would murder the CQV for insurance
proceeds would be great. In at least one case, an insurance company which sold
a policy to a purchaser with no insurable interest (who later murdered the CQV
for the proceeds), was found liable in court for contributing to the wrongful
death of the victim (Liberty National Life v. Weldon, 267 Ala.171 (1957)).
Contract terms
Special exclusions may apply, such as suicide clauses, whereby the policy
becomes null and void if the insured commits suicide within a specified time
(usually two years after the purchase date; some states provide a statutory
one-year suicide clause). Any misrepresentations by the insured on the
application may also be grounds for nullification. Most US states specify a
maximum contestability period, often no more than two years. Only if the
insured dies within this period will the insurer have a legal right to contest
the claim on the basis of misrepresentation and request additional information
before deciding whether to pay or deny the claim.
The face amount of the policy is the initial amount that the policy will pay
at the death of the insured or when the policy matures, although the actual
death benefit can provide for greater or lesser than the face amount. The
policy matures when the insured dies or reaches a specified age (such as 100
years old).
More details: http://en.wikipedia.org/wiki/Life_insurance
More details: http://en.wikipedia.org/wiki/Life_insurance