Free Life Policy Provisions Options and Riders Study Guide
Louisiana Life exam — Life Policy Provisions Options and Riders.
The standard life provisions, nonforfeiture and dividend options, settlement options, and riders are covered in the national Life Policy Provisions guide. Louisiana's required individual life provisions are in R.S. 22:931, nonforfeiture is in 22:934, group life provisions are in 22:942, and replacement is governed by Regulation 70 (LAC 37:XIII.8901 to .8925). Use the Louisiana numbers below on state questions.
Required provisions (R.S. 22:931(A))
| Provision | Louisiana rule |
|---|---|
| Grace period | 30 days, or one month at the insurer's option. An overdue premium, with interest of no more than 6%, may be deducted from a death claim. |
| Incontestability | Incontestable after two years in force during the insured's lifetime, except for nonpayment and conditions relating to military or naval service. Disability and accidental death benefits may also be excepted. |
| Entire contract | The policy plus the attached application |
| Misstatement of age | Benefits adjust to what the premium would have bought at the correct age. |
| Policy loans | The insurer may defer a loan, other than one to pay premiums, for up to six months. |
| Reinstatement | Within three years of default, unless the cash value was paid or extended term has run out. Requires evidence of insurability and back premiums with interest of no more than 6%, compounded annually. |
| Free look | 10 days from receipt to examine and return the policy for a refund (22:931(A)(10)) |
| Lump sum | The beneficiary may elect a lump-sum payment (22:931(A)(11)). |
| Conversion notice | A convertible term policy gives notice of the conversion option at least 31 days before it expires (22:931(A)(12)). |
Incontestability has no fraud exception. The incontestable clause bars only contests of the policy's validity. It doesn't stop the insurer from applying a permitted exclusion or the misstatement-of-age adjustment (22:931(B)(4)).
Delivery and the free look.
- A producer who delivers a policy in person gets a receipt signed by the policyholder, showing the policy number and date. Receipts are kept two years.
- A policy mailed with a certificate of mailing is presumed received 10 days after mailing (22:931(A)(10)).
Permitted exclusions and the suicide clause (22:931(B))
A Louisiana life policy may exclude only:
- war and military service
- suicide within two years, whether sane or insane
- aviation under specified conditions
- specified hazardous occupations or foreign residence within two years
If an excluded suicide happens, the insurer must still pay at least the reserve on the face amount, plus paid-up additions and dividends, minus any policy debt (22:931(B)(2)).
Other life policy rules
- Nonforfeiture (22:934). After three full annual premiums, a policy can't be forfeited without value. Term policies of 20 years or less are exempt.
- Lapse notice (22:905). For many annual-premium policies, the insurer can't declare a lapse within a year after default unless it mailed a premium notice 15 to 45 days before the due date. Lapse can't take effect until 30 days after mailing.
- Backdating (22:904). A policy may not be dated more than six months before the application to get a lower premium.
- Soliciting agent (22:903). A policy may not make the soliciting agent the agent of the insured.
- Assignment (22:876). After a valid assignment, the insurer deals with the assignee as owner until written notice ending the assignment reaches its home office.
Beneficiaries and claim payment
- Divorce (22:911.1, Acts 2024, No. 94). A divorce revokes a revocable designation of the former spouse. Proceeds pass as if the ex-spouse died first, unless a judgment or property agreement says otherwise.
- A beneficiary responsible for the death (22:901(D)). A beneficiary held criminally responsible for the insured's death is disqualified. Proceeds go to the contingent beneficiary, or to the estate if there is none.
- Creditors (22:912). Proceeds are protected from the insured's creditors and from the beneficiary's pre-existing debts.
- Paying the claim (22:1811, 22:908). A death claim is settled within 60 days of due proof of death. If it is late without just cause, it bears 8% interest. Separately, interest on the benefit starts to accrue 20 days after proof is received.
Replacement (Regulation 70)
Producer's duties:
- When an applicant has existing life insurance or annuities, the producer presents and reads the Notice Regarding Replacement no later than when the application is taken.
- In an electronic sale, a hard copy of the signed notice goes to the applicant within two business days after the case is submitted.
Insurers' duties:
- The replacing insurer notifies the existing insurer within five business days.
- The replacing insurer gives a 30-day right to return the new contract for an unconditional refund.
- The existing insurer sends the owner a letter offering in-force information within five business days.
- Replacement records are kept at least five years after the policy ends.
Exempt: nonconvertible term with five years or less left that can't be renewed.
Illustrations and advertising
Regulation 55 (illustrations):
- An illustration is labeled "life insurance illustration", and guaranteed and non-guaranteed values are labeled separately.
- If no illustration is used, the producer certifies that in writing, and a conforming illustration is provided by delivery.
- Policyowners of illustrated policies get an annual report.
- Basic illustrations are kept until three years after the policy ends.
Regulation 60 (advertising):
- Ads may not call a plan's premiums "vanishing."
- Ads may not call premiums "deposits" or "savings" in a misleading way.
- Ads may say "free" only when it is true.
- Ads are kept for four years or until the next exam report, whichever is longer.
Group life (22:942)
- The grace period is 31 days.
- The group policy is incontestable after two years, except for nonpayment.
- Coverage continues after employment ends until the paid period ends, but no more than 31 days.
- Conversion to an individual policy without evidence of insurability is available within 31 days. If the person dies in that window, the convertible amount is paid as a claim.
- If the group policy itself ends, only those insured five years may convert, and the amount may be capped at $2,000.
- A facility payment of up to $250 may go to whoever paid funeral expenses.
Common exam traps
- The grace period is 30 days or one month. The free look is 10 days, or 30 on a replacement.
- Incontestability runs two years, with exceptions only for nonpayment and military service. There is no fraud exception.
- Suicide may be excluded for two years, but the reserve must still be paid.
- Reinstatement is available for three years, with interest of no more than 6%.
- Death claims are settled in 60 days.
- Since 2024, divorce revokes a revocable designation of the ex-spouse.
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