Free Life Policy Provisions Options and Riders Study Guide
Colorado Life exam — Life Policy Provisions Options and Riders.
The national guide covers the standard life provisions, nonforfeiture options, dividend and settlement options, and riders. Colorado writes its own versions of several provisions into C.R.S. 10-7-102, 10-7-103, 10-7-109 and 10-7-302, and its replacement and illustration rules into Regulations 4-1-4 and 4-1-8. The Colorado numbers below differ from the "typical" figures in many textbooks, so learn them.
Required provisions (C.R.S. 10-7-102)
- Entire contract: a statement can be used to void the policy only if it is in a written application and a copy is attached to the policy when issued (10-7-102(1)(c)).
- Incontestability: the policy is incontestable after it has been in force during the insured's lifetime for two years from its date (10-7-102(1)(b)). The only permitted exceptions are nonpayment of premium and violation of conditions relating to military or naval service in wartime or other prohibited risks. Colorado's statute has no fraud exception.
- Grace period: one month, not less than 30 days. Coverage continues during the grace period, and an unpaid premium may be deducted from a claim (10-7-102(1)(i)).
- Misstatement of age: the insurer pays what the premium would have bought at the correct age (10-7-102(1)(d)).
- Final expense policies must state in prominent type that the proceeds may not cover any particular funeral goods or services (10-7-102(1)(j)).
Suicide
- Colorado limits the suicide exclusion to the first policy year. After the first year, suicide is no defense, sane or insane (10-7-109).
- The rule does not apply to accident policies or to accidental death benefits within a life policy.
Free look and replacement
- Free look: the policy must state that the owner may return it within 15 days of delivery for a refund of premium. For variable life, the refund is the account value plus any fees deducted (10-7-302(1)(g)). Delivery starts the clock.
- Replacement (Reg. 4-1-4):
- The producer gets a signed statement on whether the applicant has existing policies. If the answer is no, the producer's replacement duties end there.
- If replacement is involved, the producer reads the Notice Regarding Replacement no later than when the application is taken. The applicant and producer both sign it, and the applicant keeps a copy. All sales material is left with the applicant.
- The replacing insurer notifies each existing insurer within five business days and gives a 30-day right to return for a full refund.
- Replacement records are kept five years or until the next examination, whichever is later.
- Internal replacements must credit time already served under the old policy's incontestable and suicide periods, up to the old face amount.
- Replacing non-convertible, non-renewable term that expires within five years is exempt.
- Lapse notice: an annual-premium policy lapses only after a notice is sent by first-class mail (or e-mail, with consent) at least 25 days before lapse. This does not apply to policies with monthly or more frequent premiums (10-7-105.5).
Policy values and benefits
- Nonforfeiture: a cash value is required after three full years of premium (five for industrial). The owner may elect a paid-up option within 60 days after the defaulted premium was due (10-7-302(1)).
- The insurer may defer paying cash surrender value for up to six months after demand (10-7-302(3)).
- Policy loans: a policy can't be forfeited for an unpaid loan until one month after notice is mailed to the insured and any assignee (10-7-103(1)(a)).
- Lawsuits: the policy may not shorten the time to sue to less than five years after the cause of action accrues (10-7-103(1)(b)).
- Interest on death claims: paid from the date of death. If the claim isn't paid within 30 days after a complete request, the rate rises to 2 points above the federal discount rate (10-7-112). No interest is owed if the beneficiary elects a non-lump-sum option.
- Accelerated benefits are allowed for terminal illness, physician-certified health or long-term care expenses, or a qualifying event defined in the policy (10-7-113).
- Spendthrift clause: a policy may bar a beneficiary from commuting, assigning or encumbering retained proceeds, and may shield them from the beneficiary's creditors (10-7-106).
Illustrations (Reg. 4-1-8)
- An illustration may not suggest that non-guaranteed elements are guaranteed.
- If the policy is issued differently from what was illustrated, a "Revised Illustration" is signed by the owner.
- Illustrations are kept three years after the policy ends.
- Life advertising may not use the term "vanishing premium" (Reg. 4-1-2).
Exam traps
- Suicide: one year in Colorado, not two.
- Free look: 15 days, or 30 days on a replacement.
- Incontestability: two years, and the statute has no fraud exception.
- Grace: one month / at least 30 days. A lapse notice is required 25 days before lapse for policies paid less often than monthly.
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