Part 2
Part 2
Chapter 3
Objectives
After studying this chapter, you should be able to
3A Distinguish between formal and informal contracts, bilateral and
unilateral contracts, commutative and aleatory contracts, and contracts
of adhesion and bargaining contracts, and identify which types
characterize an insurance contract
3B Explain the difference between a valid contract, a void contract, and a
voidable contract
3C Identify the four general requirements for the creation of a valid
informal contract and describe how each of these requirements can be
met in the formation of an insurance contract
3D Identify the property rights that a policyowner has in the insurance
policy he owns
Outline
Fundamentals of Contract Law The Policy as Property
Types of Contracts Right to Use and Enjoy Property
General Requirements for Right to Dispose of Property
a Contract
R
emember our point that life and health insurance products represent
promises—promises that, in some cases, could extend over decades?
This characteristic influences the form that such a product takes: in return
for an initial payment, an applicant typically receives an insurance policy, which
is a written record of the promise that the insurance company is making.
Recall that an individual insurance policy is an insurance policy that insures the
life or health of a named person. Some individual policies also insure the person’s
immediate family or a second named person. A group insurance policy insures the
lives or health of a specific group of people. For example, most group insurance
policies are purchased by employers to provide life or health insurance coverage to
their employees and, sometimes, to the dependents of covered employees.
Unless otherwise noted, the information presented in this chapter applies to
both individual and group insurance policies.
Types of Contracts
In Chapter 1, we described contracts of indemnity and valued contracts. As noted
LEARNING AID
in that chapter, health insurance policies typically are contracts of indemnity,
and life insurance policies are valued contracts. Contracts may be categorized in
other ways—for example as either
Formal or informal contracts
Example:
Shi-Fay Cheng contracts with the Dependable Heating Company to have
the company install a heating system in her home for a mutually agreed-
upon price. Dependable promises to perform the work, and Shi-Fay
promises to pay a stated amount in exchange for the work.
Analysis:
This contract is bilateral—both Shi-Fay and Dependable have made legally
enforceable promises. If either Shi-Fay or Dependable fails to perform its
promise, the other party can take legal action to enforce the contract.
Jean and Dylan have entered into a bargaining contract, one in which both par-
ties, as equals, set the terms and conditions of the contract.
In contrast, life and health insurance policies are contracts of adhesion. A
contract of adhesion is a contract that one party prepares and that the other party
must accept or reject as a whole, generally without any bargaining between the
parties to the agreement. Although the applicant for individual life or health insur-
ance has choices about some of the contract provisions, generally he must accept
or reject the contract as the insurance company has written it. As a result, if any
policy provision is ambiguous, the courts usually interpret the provision in what-
ever manner would be more favorable to the policyowner or beneficiary. In contrast
to individual insurance policies, group insurance agreements often are subject to
some negotiation between the parties. Nevertheless, group insurance contracts are
contracts of adhesion. Figure 3.2 lists the various types of contracts and identifies
which types characterize life and health insurance contracts.
Characterizes
Type of Contract Life and
Health
Insurance
Contracts
One party provides something of value in exchange for a conditional promise Yes
(Aleatory contract)
One party sets the terms that the other party accepts or rejects Yes
(Contract of adhesion)
In describing the legal status of a contract, the words valid, void, and voidable
are often used:
Valid. A valid contract is one that is enforceable by law. Valid contracts sat-
isfy all legal requirements.
Void. The term void is used in law to describe something that was never valid.
A void contract is one that does not satisfy one or more of the legal require-
ments to create a valid contract and, thus, is never enforceable.
Voidable. At times, one of the parties to an otherwise valid contract may have
grounds to reject, or avoid, it. A voidable contract is one in which a party has
the right to avoid her obligations under the contract.
Let’s look at the four requirements in more detail.
Mutual Assent
Whether a contract is made when the parties sign a written agreement or shake
hands, the parties involved have agreed to do something. The requirement of
mutual assent is met when the parties reach a meeting of the minds about the
terms of their agreement.
For life and health insurance policies, as well as for other contracts, mutual
assent is expressed through a process of offer and acceptance. An offer is a pro-
posal to enter into a binding contract with another party. The party that makes
the offer is the offeror, and the party to whom the offer is made is the offeree.
An acceptance of the offer is the offeree’s unqualified agreement to be bound to
the terms of the offer. If an offer is accepted according to its terms, mutual assent
has occurred.
Example:
Denise Chung said to her neighbor, Graham Spader, “I will sell you my old
lawn mower for $100.” Graham replied, “I like your lawn mower, so I will
buy it for $100.”
Analysis:
Denise’s statement to Graham was an offer, and Denise was the offeror.
Graham was the offeree. Graham’s reply was an acceptance of the offer.
Through their offer and acceptance, Denise and Graham expressed their
mutual assent to the terms of the contract.
Contractual Capacity
For an informal contract to be binding on the parties, the parties must have
contractual capacity—that is, they each must have the legal capacity to make a
contract. Individuals and insurance companies can enter into binding contracts,
but the criteria for determining contractual capacity are somewhat different for
individuals than for insurers and other corporations.
Example:
Caridad Mendoza, age 17, purchased a life insurance policy from Totem
Life Insurance Company and paid the initial premium. The minimum
permissible age to purchase life insurance in the jurisdiction in which
Caridad lives is 18 years.
Analysis:
Because Caridad is younger than the permissible age, this life insurance
policy is voidable by Caridad. She can reject the contract before she turns
18 or within a reasonable time afterward, and Totem must refund any
premiums she has paid. In contrast, as long as Caridad pays the premiums
for the policy, Totem is bound by the contract.
The person’s mental competence is impaired, but a court has not declared her
to be insane or mentally incompetent. For example, the person can be mentally
impaired as a result of being intoxicated or mentally ill. Contracts entered
into by such a person are generally voidable by that person. If the person later
regains mental competence, she may either reject the contract or require that
it be carried out. In contrast, the other party to the contract does not have the
right to reject the contract and must carry out its terms if required to do so.
Lawful Purpose
No contract can be made for a purpose that is illegal or against the public inter-
est—a contract is valid only if it is made for a lawful purpose. For example, all
jurisdictions have laws that make certain acts punishable as crimes. An agreement
between two parties to commit a criminal act, such as an agreement to kill an
individual in exchange for money, is not legally enforceable.
As we mentioned in Chapter 1, early life insurance policies were sometimes
used to gamble on an individual’s life. As a result, many jurisdictions enacted
Example:
Harvey Atkinson purchased a life insurance policy insuring his wife, Lily.
Harvey and Lily divorced several years later.
Analysis:
As Lily’s spouse, Harvey had an insurable interest in her life when the
policy was issued. Therefore, the policy remains valid and in effect as
long as premiums continue to be paid even if Harvey no longer has an
insurable interest in Lily’s life.
Mutual Assent
Contractual Capacity
Lawful Purpose
Key Terms
contract voidable contract
group policyholder mutual assent
formal contract offer
informal contract acceptance
bilateral contract contractual capacity
unilateral contract minor
commutative contract consideration
aleatory contract initial premium
conditional promise renewal premium
bargaining contract property
contract of adhesion real property
valid contract personal property
void contract ownership of property
Endnote
1. The general rule that a minor’s contract is voidable by the minor has some exceptions. One important
exception is that a minor’s contract for necessaries, which are goods and services that a minor requires
for her well-being, is valid and binding on both parties.
Chapter 4
Objectives
After studying this chapter, you should be able to
4A Define policy reserves and explain the premises of the legal reserve
system
4B Define premium rate and calculate the annual premium amount for a
given life insurance policy
4C Explain how actuaries account for the cost of benefits, operating
expenses, and investment earnings in developing premium rates
4D Explain how insurers use mortality tables in pricing products and
describe the effect that mortality rates have on the cost of benefits and
the premium rate for a block of policies
4E Describe the effect of compound interest on investment earnings and
calculate the amount of interest earned on a given sum of money
4F Explain the purpose of using conservative values in financial models
4G Explain how the level premium system operates
Outline
The Legal Reserve System The Level Premium System
Establishing Premium Rates
Cost of Benefits
Operating Expenses
Investment Earnings
Financial Models
S
uppose you have just purchased a life insurance policy and made your ini-
tial premium payment. How did the insurance company decide what the
policy’s premium would be? And assuming that your policy has renewal
premiums, how did the company come up with an amount for those as well?
To determine the proper premiums to charge, insurers employ specialists
known as actuaries. An actuary is an expert in financial risk management and
the mathematics and modeling of insurance, annuities, and financial instruments.
In insurance companies, actuaries are responsible for ensuring that products are
financially sound and profitable. Actuaries accomplish this dual objective by
establishing for every product a premium rate that will enable the company to
both cover its costs of developing and administering the product and generate a
reasonable profit for the company and its owners.
Unlike previous chapters, which applied to a broader spectrum of life and
health insurance products, this chapter focuses on life insurance products.
Example:
An insurer may classify into one block all term life insurance policies to
be issued to male tobacco nonusers, age 35, with no significant medical
history.
Example:
The annual premium rate for a $500,000 life insurance policy is expressed
as $4 per $1,000 of coverage.
Analysis:
The annual premium amount for the policy is $2,000, which is calculated
as follows:
LEARNING AID
Annual Premium
Premium Rate Amount
Number of Units
(Payment per Unit × ($1,000 of Coverage)
=
(Customer’s Annual
per Year)
Payment)
500, found as
$4 × ($500,000 ÷ $1,000)
= $2,000
Note that other factors, such as the application of policy fees and policy dividends,
may affect the premium amount actually charged to a policyowner.
Cost of Benefits
The cost of benefits, sometimes known as the cost of insurance, is the value of
all the contractually required benefits a product promises to pay. For a given life
insurance product, the projected cost of benefits generally equals the sum of all
the potential benefit payments under the product multiplied by the probability that
each benefit will be payable. We can express the projected cost of a given benefit
as follows:
Projected cost of a Potential benefit Probability that the
given benefit = amount payable × benefit will be payable
The primary policy benefit payable by an insurer when an insured dies while
the policy is in force is the death benefit. Insurers determine the probability that
death benefits will be payable in a given year by referring to mortality tables,
which estimate the mortality rate for a given group of insureds.
The cost of benefits for a group of insureds depends in part on the mortality rate:
In general, the higher the mortality rate for a group of insureds of the same age
and sex, the higher the cost of benefits and, thus, the higher the premium rate.
Conversely, the lower the mortality rate for a group of insureds of the same
age and sex, the lower the cost of benefits and the lower the premium rate.
Because life expectancy and mortality rates vary widely from one country to
another, insurers usually rely on mortality tables developed for use in a particular
country. Figure 4.1 illustrates a portion of a mortality table.
Mortality Rate
Age Number Living Number Dying
per 1,000
59 100,000 1,100 11
60 98,900 1,200 12
61 97,700 1,300 13
The group of males age 59 begins the year with 100,000 members. During the year, 1,100 of the
men are expected to die. The mortality rate during the year is 11 per 1,000, calculated by dividing
the number dying at age 59 by the number living at age 59 at the beginning of the year.
According to this mortality table, 11 out of every 1,000 men are expected to die after attaining age
59 but before attaining age 60.
We can check this number—the 1,100 dying during their 59th year—by subtracting it from 100,000,
the number of men expected to be alive at the beginning of their 59th year. This calculation should
give us the number of men expected to be alive at the beginning of their 60th year:
Most mortality tables are known as sex-distinct mortality tables because they
contain separate statistics for males and females. In contrast, other mortality
tables, known as unisex mortality tables, show a single set of mortality rates to be
used for both males and females.
Mortality statistics show that, at nearly all ages, females have lower mortality
rates than males of the same age. To reflect this difference, most insurers set lower
life insurance premium rates for equivalent coverage for women than for men of
the same age and underwriting risk. Figure 4.2 shows the differences in average
life expectancies at birth by country and by sex, as of 2013.
Most mortality tables that insurers use to price products divide the mortality
rates into two additional categories: tobacco users and tobacco nonusers. In other
words, sex-distinct mortality tables often show mortality rates for four catego-
ries of people: male tobacco users, male tobacco nonusers, female tobacco users,
and female tobacco nonusers. A mortality table that does not show separate mor-
tality rates for tobacco users and tobacco nonusers is referred to as a composite
mortality table. For the purpose of setting premium rates, mortality tables in some
countries, such as the United States and Canada, are also divided into even more
categories, such as preferred, standard, and substandard risk classifications.
Source: From Global Health Observatory Data Repository: Life expectancy—Data by country. http://apps.who.int/gho/data/node.
main.688?lang=en Chapter 4. Figure 4.2. displayed as a chart showing Male and Female Life expectancy at Birth for countries
Australia, Brazil, Canada, China, Indonesia, Japan, Mexico, Spain, United States
Operating Expenses
For life insurance companies, operating expenses are the costs of operations other
than expenses for contractual benefits, or the cost of benefits. In setting a premium
rate for a product, the insurer must estimate the expenses associated with develop-
ing the product, selling it, and supporting it over the years it is expected to remain
in force. Examples of these expenses include
Product development costs
Distribution and promotion costs
Payroll costs for staff, as well as employee benefit costs
The costs of providing customer service to policyowners, such as producing
and mailing account statements and answering customer service phone calls
The costs associated with maintaining the company’s offices and its computer
systems
In general, insurers spend considerably more on benefit payments to customers
than on their operating expenses. Figure 4.3 shows the typical portion of insurance
company expenses that was attributable to paying benefits and the portion that was
attributable to operating expenses.
A significant risk associated with an insurer’s operating expenses is that custom-
ers will terminate or reduce the value of a life insurance policy before the policy
becomes profitable. During the policy’s early years, the insurer incurs substantial
product expenses. Underwriting expenses and other expenses are incurred when
an insurer issues a policy. For example, insurers often pay a substantial portion of a
policy’s initial premium as a commission to the producer who sold the policy. Thus,
a policy generally must remain in force for several years for it to be profitable.
Operating
expenses
13%
Investment
expenses
1%
Taxes
3%
Additions to
policy reserves
17% Benefit
Payments
66%
Source: Adapted from ACLI, Life Insurers Fact Book 2015, Copyright © 2015 American Council of Life Insurers, Washington, DC,
(November 2015, 19,) 50 https://www.acli.com/Tools/Industry%20Facts/Life%20Insurers%20Fact%20Book/Documents/FB15_All.pdf
(15 February 2016). Used with permission.
Example:
The Reliable Insurance Company had a block of 10,000 life insurance
policies in force at the beginning of last year. During the year, 1,000 of the
policies lapsed.
Analysis:
For last year, the actual lapse rate for this block of policies was 10%, found
as follows:
1,000 lapses ÷ 10,000 policies in force = 10% lapse rate
If this 10% lapse rate exceeded the rate that Reliable’s actuaries built into
the product’s premium rate, Reliable may have lost money on this product.
Investment Earnings
In setting a product’s premium rate, an insurer must take into account investment
earnings—the money the insurer earns from investing the funds it receives from
customers. Many life insurance policies remain in force for a number of years
before benefits become payable. During that time, the funds paid for these policies
are available for the insurer to invest. The earnings on these investments allow
insurance companies to charge policyowners less than if companies relied solely
on the premiums and charges that policyowners paid.
As financial intermediaries, insurance companies invest the funds received
from customers in many different ways—in government and corporate bonds,
mortgages, real estate, and corporate stock. In fact, insurance companies can place
money in any safe investment that is likely to provide good earnings and is not
prohibited by government regulation.
Example:
Casper O’Hare loaned Riley Nugent $1,000 for two years at an annual
interest rate of 10%. Riley did not repay any of the principal or interest on
the loan for two years.
Analysis:
At the end of one year, Riley owed Casper $1,100, calculated as
$1,000 principal + ($1,000 principal × 0.10)
At the end of two years, Riley owed Casper another $100 in interest,
calculated as
$1,000 principal × 0.10 = $100
Therefore, at the end of the second year, Riley owed Casper a total of
$1,200, calculated as
$1,100 + $100
Calculating interest on both the principal and the accrued interest is called
compounding, and the interest in this case is called compound interest.
Today, the interest on most loans and investments is compound interest. When
interest is compounded, the interest earned each investment period is equal to the
accumulated balance at the beginning of the period multiplied by the interest rate.
The amount of interest earned that period is then added to the accumulated bal-
ance to determine the beginning balance on which interest will be paid during the
next period. In this way, interest is earned on both the original principal and on all
accumulated interest.
Example:
Olivia Sandoval loaned Shu-Ling Lee $1,000 at an interest rate of 10%,
compounded annually. Shu-Ling did not repay any of the principal or
interest on the loan for two years.
Analysis:
At the end of the first year, Shu-Ling owed Olivia $1,100, calculated as
At the end of the second year, Shu-Ling owed Olivia $110 in interest,
calculated as
Therefore, at the end of the second year, Shu-Ling owed Olivia a total of
$1,210, calculated as
$1,100 + $110
The interest in this example was compounded annually. However, interest can be
compounded with any frequency—quarterly, monthly, or daily, for example.
Although the additional $10 earned by compounding interest in the previous
example may seem small, over a long period of time, compounding interest has a
dramatic effect on the total amount of interest that is earned.
Example:
Kalinda Patel deposited $1,000 in a bank account that pays 5% simple
interest. She made no other deposits for the next 25 years.
Analysis:
After 25 years, Kalinda’s account earned $1,250 in simple interest ($50
× 25). Had her account paid compound rather than simple interest, she
would have earned a total of $2,386 in compound interest at the end of
the 25-year period.
The example of the bank account shows how much money a single amount
can earn over time. Many insurance policies require annual premium payments,
which usually allow the insurer to invest an additional amount from premiums
every year the policy remains in effect. Figure 4.4 shows the amount of money that
can be earned over various periods of time by investing $1,000 a year at 5 percent
interest, compounded annually.
$60,000
Principal +
Compound Interest
Principal
$50,000
Value of Investment
$40,000
$30,000
$20,000
$10,000
$0
1 5 10 15 20 25
Number of Years
Value of Investment
1 year Principal $1,000 Interest $50 Total $1,050
5 years Principal $5,000 Interest $802 Total $5,802
10 years Principal $10,000 Interest $3,207 Total $13,207
15 years Principal $15,000 Interest $7,657 Total $22,657
20 years Principal $20,000 Interest $14,719 Total $34,719
25 years Principal $25,000 Interest $25,113 Total $50,113
Example:
Reliable Insurance Company purchased stock in the Mimosa Corporation
for $100,000. One year later, Reliable sold the Mimosa stock for $120,000.
Analysis:
Reliable earned a return of $20,000 on its investment ($120,000 - $100,000).
The percentage rate of return on the investment was 20% ($20,000 return
÷ $100,000 = 0.20 or 20%).
Financial Models
Actuaries need to be able to establish premium rates for products that will satisfy
the company’s objectives over the many years that the products are expected to be
in force. Product outcomes can vary, however, based on economic conditions, the
insurer’s claim experience, policy terminations, and other factors. Companies can
evaluate the potential effects of various future conditions on a product’s financial
values by using financial models. In general, a financial model is a computer-
based mathematical model that approximates the operation of real-world financial
processes. Companies use product development software that simulates the poten-
tial financial processes likely to occur over the time that a product is expected to
remain in force.
Examples of financial values that insurers use in modeling are values for inter-
est rates, mortality rates, expenses, and lapses. A typical financial model runs hun-
dreds or even thousands of scenarios, with each scenario representing a different
set of financial values that the product is likely to experience.
Insurers build into their financial models the risk that they will face unexpected
outcomes. One way they do this is by using projections that are designed to be
more than adequate; such projections are said to be conservative.
Conservative values for specific life insurance product elements generally take
the form of
Mortality rates that are higher than expected
Example:
An insurer may project mortality rates that are 10% higher than expected
to ensure that the premium rate for a product will be more than adequate.
Figure 4.5 Level Premiums Contrasted with One-Year Term Life Premiums
Age
Key Terms
actuary investment earnings
legal reserve system interest
policy reserves principal
block of policies simple interest
premium rate compounding
cost of benefits compound interest
death benefit rate of return
operating expenses financial model
lapse level premium system
lapse rate
Chapter 5
Objectives
After studying this chapter, you should be able to
5A Identify the common personal and business needs that life insurance
can meet
5B Describe the coverage provided by level term, decreasing term, and
increasing term life insurance policies, and explain when the premium
charged for term life insurance coverage may increase
5C Describe renewable term life insurance and convertible term life
insurance
5D Describe the operation of a return of premium (ROP) term policy
Outline
Needs Met by Life Insurance Term Life Insurance
Personal Needs Characteristics of Term Life
Business Needs Insurance Products
Plans of Term Life Insurance
Coverage
Features of Term Life Insurance
Policies
I
n this chapter, we describe various types of term life insurance products. Term
life insurance is distinct in that it remains in force for a specific period of time,
rather than for the entire life of the insured. Why would a person choose to be
covered for only a portion of her life? It depends on what her needs are.
Many products, life insurance included, meet different needs for different peo-
ple. One clear example is the automobile. One person might purchase a vehicle
with four-wheel drive and high ground clearance to carry heavy loads over dirt
roads. Another may need a small, fuel-efficient vehicle for an urban commute—
until she starts a family, when she decides a larger vehicle with comprehensive
safety features is more important. Financial products such as life insurance also
cover a wide variety of needs. A person’s financial needs can be very different
from his neighbor’s. They can even be very different from what his needs were
when he was younger, or what his needs will be in the future.
Personal Needs
People’s needs for life insurance coverage vary greatly, but most buyers share a
number of common reasons to purchase life insurance. Among the most common
of these needs are dependents’ support, paying debts and final expenses, and estate
planning.
Dependents’ Support
If a person who supports or helps support a family dies, the surviving dependents
may face serious problems after the person’s death. Household expenses persist;
rent or mortgage payments still come due; utility bills continue to arrive; food and
clothing remain necessities. The death may create additional expenses, such as the
need to provide child care or household upkeep. To make matters worse, surviving
family members often must make difficult financial decisions while they are still
coping with the emotional effects of the loss of a loved one.
Many people save money for unexpected expenses. But relatively few have
sufficient funds to pay their usual expenses for an extended period of time if the
regular family income is reduced substantially or ceases altogether. Even those
who possess sufficient savings may worry that using those savings to pay house-
hold expenses will make it more difficult for them to meet future financial needs,
such as providing for retirement.
Life insurance can provide funds to support dependents until they obtain new
methods of support or adjust to living on a lower income. It also can fund the edu-
cation of the insured’s dependents.
Example:
Derek Chau purchased a $250,000 life insurance policy. At the time of
his death, he had a wife, Kelly—the policy beneficiary—and two teenage
children.
Analysis:
The policy was in force upon Derek’s death, so the insurer paid $250,000
to Kelly. Kelly used $15,000 of the proceeds to pay Derek’s final expenses
and put $100,000 toward college funds for the children. She placed the
remaining $135,000 in the bank to help her make mortgage payments
and cover household expenses for the next few years.
In many jurisdictions, when an insurer pays the death benefit of a life insurance
policy in a lump sum to a beneficiary following the death of the insured, that ben-
efit usually is not considered taxable income to the beneficiary. Regulators provide
this tax benefit to encourage people to protect their dependents with life insurance.
By doing so, they hope to lessen potential reliance on government aid.
Example:
Monica LeBeau died with a will in place and an estate worth $600,000,
including a home worth $200,000. She also had $120,000 in final expenses,
mortgage debt, and credit card debt. Her will specified that her oldest
child, Reba, would receive the family home, and the remainder of her
estate would be divided between her two younger children, Ben and Luke.
Analysis:
Monica’s executor paid off her debts from her estate. After the debts
were settled, the remaining estate was worth $480,000, including the
home. Reba received the home, and Ben and Luke divided the remaining
$280,000 worth of Monica’s estate between them.
If Monica’s final expenses and debt had been $420,000, the executor
would not have been able to pay them out of her estate without selling
the family home, and Monica would not have been able to leave the home
to Reba.
However, if a life insurance policy is included in the deceased’s estate plan, the
proceeds can help pay those remaining debts. The personal representative then can
distribute the deceased’s assets in accordance with the deceased’s wishes.
In some cases, other people, such as a spouse or parent, may be personally
liable for a particular debt of the deceased. For example, a spouse or parent may
have co-signed a loan with the deceased and be jointly liable with the deceased
for its repayment. Insurance benefits can help pay off any such debts, easing the
burden on the deceased’s loved ones.
Figure 5.1 describes some methods for determining how much life insurance an
individual should purchase.
Business Needs
Businesses also have needs that life insurance can meet. Two common reasons for
a business—or an individual who owns a business—to purchase life insurance are
(1) to provide funds to ensure that the business continues in the event of the death
or disability of an owner, partner, or other key person, and (2) to provide benefits
for its employees.
The loss of a key person’s expertise and services may seriously affect the com-
pany’s earnings. During the period following the death of a key person, sales may
drop off, and morale and productivity can decline. Creditors, customers, and sup-
pliers may become uneasy. The business almost certainly incurs the cost of finding
or training a replacement for the key person. Key person life insurance helps offset
those costs. In addition, if the company’s creditors, customers, and suppliers know
that the business has protected itself by insuring the lives of its key employees,
they may be more confident about the company’s future.
Example:
Electric Galaxy Software Solutions considers its owners and executives to
be key persons. It also identifies its lead software engineer, Rebecca Sloe,
as a key person. Rebecca is well-known in the industry for her innovative
work. The business purchases key person life insurance on Rebecca as well
as on its owners and executives.
Analysis:
If Rebecca were to die, the proceeds from her policy would provide a
source of cash to supplement the company’s earnings while it searches for
and trains a replacement for her. In addition, if Electric Galaxy’s customers
and suppliers know about the key person life insurance, they may be more
confident about the company’s future and may agree to continue their
business relationships with Electric Galaxy on the same basis as before
Rebecca’s death.
Buy-Sell Agreements
The owner of a small business may want to ensure that the business can continue
to operate under new ownership after his death. A buy-sell agreement is an agree-
LEARNING AID ment in which (1) one party agrees to purchase the financial interest that a second
party has in a business following the second party’s death, and (2) the second party
agrees to direct his estate to sell his interest in the business to the purchasing party.
One or more of the parties to a buy-sell agreement often purchase life insurance
to fund the buy-sell agreement. Life insurance can be used to fund buy-sell agree-
ments for sole proprietorships, partnerships, or corporations with a small number
of shareholders.
Example:
Emmett Jackson is the sole owner of Reliable & Timely Services. Emmett
entered into a buy-sell agreement with one of his employees, Kareena
Singh. Under the agreement’s terms, Kareena agreed to buy the business
for $1,000,000 in the event of Emmett’s death. She purchased a $1,000,000
life insurance policy on Emmett’s life, naming herself as the beneficiary.
Analysis:
Should Emmett die, the proceeds of the life insurance policy would be
paid to Kareena. Kareena could use the proceeds to purchase Reliable &
Timely Services from Emmett’s estate, which has been directed to sell the
business to Kareena in this situation.
Employee Benefits
Many businesses provide various financial products, including life insurance, for
their employees as an employee benefit. These compensation packages enable
businesses to attract and retain qualified personnel. Many employers provide
health insurance and retirement plans, which we’ll explore later in the text; group
term life insurance is also very common, as we’ll discuss below.
20 Year 1990 1995 1999 2001 2005 2008 2010 2012 2014 2015
1 Year 62 37 13 9 5 7 6 7 6 6
10 Year 9 14 21 23 20 18 16 19 20 21
20 Year 1 3 18 35 38 41 36 39 37 38
Other 28 46 48 33 37 34 42 35 37 35
100% 100% 100% 100% 100% 100% 100% 100% 100% 100%
Source: LIMRA’s U.S. Individual Life Buyer Study and Quarterly Individual Life Sales Survey.
Another common type of term insurance policy covers the insured until she
reaches a specified age, usually age 65 or 70. For example, a term insurance policy
that covers an insured until age 65 is referred to as term to age 65. However, the
policy does not expire on the actual date when the insured reaches the specific age.
Instead, the policy’s coverage expires on the policy anniversary that falls either
closest to, or immediately after, the insured person’s 65th birthday, depending on
the terms of the policy.
Example:
Twin brothers Alex and Byron Freeman were born on September 4, 1980.
Both purchased term to age 65 policies, effective on the same day, July 7,
2011. Alex’s coverage expires on the policy anniversary closest to his 65th
birthday, while Byron’s expires on the policy anniversary immediately after
his 65th birthday. Both plan to pay all renewal premiums as they come
due.
Analysis:
Alex’s policy will expire on July 7, 2045, the anniversary date closest to his
65th birthday of September 4, 2045. Byron’s policy will expire on July 7,
2046, the first policy anniversary immediately after his 65th birthday.
erm
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Benefit Premium
Example:
Andrea Kovachev owns a 10-year level term policy that provides $250,000
of coverage. The initial premium was $500, and the policy features level
premiums.
Analysis:
The insurer agrees to pay $250,000 if Andrea dies at any time during the
10-year period that the policy is in force. Each renewal premium also will
be $500 throughout the policy term.
The renewal premiums for a decreasing term policy usually remain the same
throughout the policy term. However, they are usually less than the renewal pre-
miums for a comparable level term policy.
Decreasing term policies are typically designed to meet specific needs that
decrease over a period of time. For example, many people borrow money to pur-
chase houses or cars, and as they repay those loans, their liabilities decrease. Sim-
ilarly, a family’s expenses decrease as children grow up and move away from
home. A decreasing term policy usually is specifically intended to shield depen-
dents from inherited debts such as a mortgage, car payments, or credit card debts.
Three common plans of decreasing term insurance are mortgage life insurance,
credit life insurance, and family income insurance.
Example:
When Hector Ruiz purchased his home, he also bought a mortgage life
insurance policy from Enduring Life Insurance Company. Hector named
his wife, Alisa, as beneficiary.
Anna Zolkozky purchased a house at the same time and applied for
a mortgage loan from Grandiose Banking. As a condition of the loan,
Grandiose required Anna to purchase a mortgage life insurance policy
naming Grandiose as the beneficiary, and to maintain the coverage during
the mortgage term. Anna purchased her policy from Enduring Life.
Seven years later, both Hector and Anna died, and the death benefit on
each of their mortgage life insurance policies was $120,000.
Analysis:
In both cases, Enduring Life was obligated to pay the $120,000 to the
beneficiary. In Hector’s case, his beneficiary, Alisa, could use the benefit
to pay off the remaining balance on the mortgage loan or put it toward
another purpose, such as a college fund for their children. As the
beneficiary of Anna’s policy, Grandiose used the benefit to pay off her
mortgage.
Many mortgage loans are obtained jointly by two people, both of whose
incomes are required to make the monthly mortgage payments. For that reason,
insurers offer joint mortgage life insurance, which provides the same benefit as
a mortgage life insurance policy except the joint policy insures the lives of two
people. If both insureds survive until the end of the policy term, the joint mortgage
life policy expires. But if one of the insureds dies while the policy is in force, the
insurer pays the death benefit to the beneficiary, who typically is the surviving
insured. Again, the beneficiary is not required to use the benefit to pay off the
mortgage.
Example:
Kofi and Jenna Morant purchased a joint mortgage life policy soon after
buying their house. Kofi named Jenna as his beneficiary, and Jenna named
Kofi as hers.
Analysis:
If Kofi dies while the policy is in force, the insurer will pay an amount equal
to the mortgage loan’s balance to Jenna. If Jenna dies instead, the insurer
pays the amount to Kofi. Either one would be free to use the benefit
amount to pay off the remaining balance on the mortgage loan or to use
it for other purposes.
Example:
Arnold Kim purchased 10-year family income coverage that provides for
a $1,000 monthly income benefit payable to his wife, Nari. His coverage
specifies that the income benefit will be paid for at least 3 years if he dies
during the 10-year term of coverage.
Analysis:
If Arnold dies 2 years after buying the family income coverage, the insurer
will pay to Nari a total of $96,000 in monthly income benefits ($1,000 x
8 years x 12 months). If he dies 8 years after buying the coverage, the
insurer will pay the monthly income benefit for 3 years, for a total of
$36,000 ($1,000 x 3 years x 12 months). If he dies 11 years after purchasing
the coverage, no monthly income benefit would be paid because the
coverage expired a year before his death.
Example:
Ten years ago, Maria Donato purchased a ten-year renewable term policy
from Wellbeing First Insurance Company. Eight years ago, she began
smoking again, and three years ago she was placed under observation for
cardiac arrhythmia.
Analysis:
Maria may renew her term insurance policy by paying the required renewal
premium. Ordinarily, Wellbeing First would have declined an application
for insurance from an applicant with Maria’s health history at the time of
renewal. But the renewal provision of Maria’s policy gives her the right to
renew without proof that she continues to be an insurable risk.
Example:
Douglas Woo purchased a 10-year renewable term life insurance policy
on his wife Ellen, age 36. The policy states that coverage is not renewable
after the insured has reached the age of 65. The policy’s annual premium
is $260.
Analysis:
On the policy anniversary at the end of the first 10-year term, Douglas
has the right to renew Ellen’s coverage without Ellen having to provide
evidence of insurability. The coverage will be for the same face amount
as the original policy and for the same 10-year term. The new premium
amount, however, will increase to reflect Ellen’s attained age at the time of
renewal—age 46. Douglas will pay this higher premium each year during
the 10-year renewal period. At the end of the second 10-year period,
he will have the option to renew the policy again, but the premiums will
increase a second time to reflect Ellen’s attained age of 56. At the end of
the third 10-year period, he will no longer be able to renew this policy, as
it will be the policy anniversary date after her 65th birthday.
The renewal feature can lead to some antiselection; insureds in poor health are
more likely to renew their policies because they may not be able to obtain other life
insurance. Because of this risk, the premium for a renewable term life insurance
policy usually is slightly higher than the premium for a comparable nonrenewable
term life insurance policy.
Most one-year term insurance policies and riders are yearly renewable term
(YRT) insurance or annually renewable term (ART) insurance, which means they
are renewable each year for a stated number of years. Yearly renewable term poli-
cies typically are renewable for periods of 10 to 30 years, depending on the age of
the insured. As the insured ages, however, the renewal premiums for YRT cover-
age can become considerably more expensive than premiums for comparable 5- or
10-year level premium policies. For that reason, most renewable term insurance
policies sold today have policy terms of from 5 to 30 years. Figure 5.4 illustrates
the difference in premium costs between a YRT policy, a 5-year term policy, and
a 30-year term policy as an insured ages.
Figure 5.4 Relative Premium Costs of a YRT Policy, a 5-Year Term Policy,
and a 30-Year Term Policy
1,200
1,000
Premium
800
600
400
200
35 40 45 50 55 60 65
Age
When a term insurance policy is converted to a cash value policy, the new
premium rate is higher than the premium rate the policyowner paid for the term
insurance policy. This increase is required because the premium charged for a
cash value life insurance policy is higher than the premium charged for a compa-
rable term insurance policy. However, the premium a policyowner is charged for
the cash value policy cannot be based on any increase in the insured’s mortality
risk, except with regard to an increase in the insured’s age.
Insurers can use two different types of conversions. The more common conver-
sion is known as an attained age conversion, in which the premium rate for the
cash value policy is based on the insured’s age at the time the policy is converted.
Alternately, under an original age conversion, the premium rate for the cash value
policy is based on the insured’s age when the original term policy was issued.
The renewal premium rate charged for cash value insurance is lower under an
original age conversion than under an attained age conversion. This difference
occurs because the premium rate is based on a younger age. For that reason, you
would think that a policyowner would always prefer an original age conversion to
an attained age conversion. However, under an original age conversion, the poli-
cyowner also must pay an additional lump sum at the time a policy is converted.
The lump sum is based on the difference between the lower premiums the
policyowner actually paid for the term insurance policy and the higher premiums
that he would have paid if he had purchased a cash value policy originally. This
lump sum can be substantial, and as a result, attained age conversion is much more
common than original age conversion.
Example:
Henrik Swenson bought a convertible term life policy at age 35 and
converted it to a cash value policy at age 39, using an attained age
conversion. Constance Braddock also bought a convertible term life policy
at age 35, and converted it to a cash value policy at age 39, but her policy
used an original age conversion.
Analysis:
At conversion, the insurer charges Henrik the same premium it would
charge a 39-year-old man for a comparable cash value policy. Constance’s
insurer charges her the same premium rate it would charge for a
comparable cash value policy issued to a 35-year-old woman. However,
her insurer also requires a lump sum payment based on the difference
between the premiums she paid for the last four years and the premiums
she would have paid if she had purchased a cash value policy.
Like the renewal feature, the conversion privilege can lead to some antiselec-
tion. Insureds in poor health are more likely to convert their coverage because
they may not be able to obtain other life insurance, or the premium rate for a new
policy would be prohibitively expensive. As a result, insurers usually charge a
higher premium rate for a convertible term policy than they charge for a compa-
rable nonconvertible term policy. In addition, insurers usually limit the conversion
privilege in some way. For instance, some policies do not permit conversion after
the insured has attained a specific age, such as 55 or 65, or after the term policy has
been in force for a specified time. For example, a 10-year term policy may permit
conversion only during the first 7 or 8 years of the term. In many cases, insurers
place additional limits on original age conversions. Under a 20-year term policy,
an insurer might permit an attained age conversion for the first 10 years of the
policy term, but permit an original age conversion only during the first 5 years of
the policy term.
Example:
Helene Nikos, age 38, is the policyowner-insured of a $500,000 30-year
ROP term policy from Azure Insurance. Helene paid all the required annual
premiums of $1,150 and was alive when the policy expired.
Analysis:
Azure would return to Helene the premiums she has paid for the coverage,
a total of $34,500 ($1,150 x 30 years).
Some ROP term policies provide a partial return of premiums if the policy is
kept in force for a stated period of time but then canceled before the end of the
term. The longer these policies are kept in force, the greater the percentage of the
premium that is returned. Under such a policy, if the insured dies during the policy
term, the beneficiary receives the death benefit only; there is no additional partial
return of premiums.
Most insurers offer ROP term policies for terms of only 15 years or longer. The
premium for an ROP term policy varies by insurer. The premium is usually more
than 25 percent higher than for a comparable term policy without a return of pre-
mium feature, and sometimes as much as three times as high.
Renewability, convertibility, and return of premium features are of obvious
potential value to the policyowner, but they also are of value to the insurance
company. Most policyowners who renew or convert their term life insurance poli-
cies do so not because they are in poor health, but because they want to continue
their insurance protection. Regulatory changes have led to fewer insurers in the
United States carrying the return of premium feature, but this feature also gives
policyowners substantial motivation to keep a policy in effect.
Key Terms
estate family income coverage
will policy rider
estate plan family income policy
business continuation insurance plan increasing term life insurance
key person renewable term insurance policy
key person life insurance evidence of insurability
buy-sell agreement renewal provision
face amount attained age
policy term yearly renewable term (YRT) insurance
policy anniversary convertible term insurance policy
level term life insurance conversion privilege
decreasing term life insurance attained age conversion
mortgage life insurance original age conversion
joint mortgage life insurance return of premium (ROP) term
credit life insurance insurance
Endnotes
1. ACLI, Life Insurers Factbook 2015 (Washington, DC: American Council of Life Insurers, 2015), 64,
https://www.acli.com/Tools/Industry%20Facts/Life%20Insurers%20Fact%20Book/Pages/RP15-010.
aspx (30 August 2016).
2. The term “mortgage insurance” is sometimes used to refer to a type of property/casualty insurance
more commonly referred to as private mortgage insurance (PMI) or lenders mortgage insurance
(LMI). PMI is insurance that pays the lender if the borrower fails to make mortgage payments as
required. PMI is not a form of life insurance.
3. Some insurers offer an alternative to the family income policy called a family maintenance policy,
which is a cash value life insurance policy that contains a level-term monthly income benefit rider.
If the insured dies during the term of the monthly income benefit rider, the beneficiary receives
monthly income payments for a fixed number of years. For example, assume that an insured pur-
chased a family maintenance policy with a 10-year term that provides for $1,000 monthly payments.
If the insured dies during that 10-year term, the beneficiary would receive both the death benefit and
a $1,000 monthly benefit for a total of 10 years, regardless of whether the insured dies in the first year
or the 10th year of the policy. If the insured dies after the 10-year term expires, no monthly benefits
are payable, but the beneficiary still receives the death benefit, as long as the policy remains in force.
4. The Consumer Price Index (CPI) measures the change in the price of a fixed list of items (a “basket
of goods”) bought by a typical consumer. The goods included in the CPI include food, transportation,
housing, utilities, clothing, and medical care.