Professional Documents
Culture Documents
1. Life insurance may be defined as insurance payable on the death of a person, or on his surviving a specified period , or otherwise contingently on the continuance or cessation of life.
2. Life insurance is a mutual agreement by which a party agrees to pay a given sum on the happening of a particular event contingent on the duration of human life, in consideration of the payment of a smaller sum immediately, or in periodical payments by the other party.
3. Life insurance is a contract to make specific payments to pay to a certain person, the beneficiary, upon the death of a person whose life has been insured.
Other than the insurer parties include: 1. Owner of the policy 2. Cestui que vie 3. Beneficiary
1. Liability absolutely certain 2. Amount of insurance generally without limit 3. Life policy is a valued policy 4. Directly pecuniary loss not required
Life Insurance
1. Contract of Investment 2. Valued Policy 3. Transferable even with no insurable interest 4. Consent is not essential to the validity of assignment
5. Insurable Interest need not exist Must exist not only when the after insurance takes effect or insurance takes effect but also when loss occurs when loss occurs
Life Insurance
6. Insurable Interest need not have any legal basis
7. The contingency is a certain event The contingency may or may not occur 8. Payment is certain (will have to be Uncertain (the amount insured paid sooner or later) may not have to be paid) 9. May be terminated only by the insured 10. Loss can seldom be measured by cash value 11. No obligation to prove actual financial loss Either the Insured or the Insurer may cancel The reverse is generally true Required to submit proof of actual pecuniary loss
Property exempt from execution. Except as otherwise expressly provided by law, the following property, and no other, shall be exempt from execution: -----(k) Monies, benefits, privileges, or annunities accruing or in any manner growing out of any life insurance Rule 39, Sec. 12 (k), Rules of Court
1. Ordinary life policy 2. Limited payment life policy 3. Term insurance policy 4. Endowment policy
Ordinary life policy is one under the terms of which the insured is required to pay a certain fixed premium annually or at more frequent intervals throughout his entire life and the beneficiary is entitled to receive payment under the policy only after the death of the insured.
Limited payment life policy is one under the terms of which the premiums are payable only during a limited period of years, usually ten, fifteen, or twenty.
Term insurance policy is one which provides coverage only if the insured dies during a limited period.
Endowment policy is one under the terms of which the insurer binds himself to pay a fixed sum to the insured if he survives for a specified period, or, if he dies within such period, to some other person indicated.
1. Life Insurance
a) Actual Death b) Living Death c) Retirement Death
By the aleatory contract of life annuity, the debtor binds himself to pay an annual pension or income during the life of one or more determinate persons in consideration of a capital consisting of money or other property, whose ownership is transferred to him at once with the burden of the income. Art. 2021, Civil Code
The annuity has been called the upsidedown application of the life insurance principle.
Upon death
Payment of For as long Payment to Premium as the the insured insured stops lives
Annuity Contract
1. Ensures against economic problems resulting from a long life
2. From the Insurers viewpoint looks Looks to longevity to transiency 3. Lump sum is paid immediately and then annuity payments are received by the annuitant for as long as he lives Payment of annuity and then beneficiary is paid the lump sum upon death of the insured
4. An Investment
An Indemnity
The insurer in a life insurance contract shall be liable in case of suicide only when it is committed after the policy has been in force for a period of two years from the date of its issue or of its last reinstatement, unless the policy provides a shorter period; Provided, however, that suicide committed in the state of insanity shall be compensable regardless of the date of commission. Sec. 180 A. Insurance Code.
When Liable
1. Committed after policy has been Committed within the two year in force two years from the date of its period not by reason of insanity issue or of its last reinstatement 2. Committed after a shorter period Committed by reason of insanity provided in the policy although within but is not among the risks the two year period assumed by the insurer regardless of the date of commission 3. Committed in the state of insanity regardless of date of commission, unless suicide is an excepted risk If the insurer can show that the policy was obtained with the intention to commit suicide even in the absence of any suicide exclusive in the policy
A policy of insurance upon life or health may pass by transfer, will or succession to any person, whether he has an insurable interest or not, and such person may recover upon it whatever the insured might have recovered. Section 181. Insurance Code.
1. Insurable interest of assignee in life insurance not required 2. Where assignment used as a cloak to hide an illegal scheme
2. Where assignment used as a cloak to hide an illegal scheme The courts will not permit the process of assignment to be used as a cloak to hide an illegal intent to make contracts on human life.
Notice to an insurer of a transfer or bequest thereof is not necessary to preserve the validity of a policy of insurance upon life or health, unless thereby expressly required. Section 182. Insurance Code.
1. Notice not required by policy 2. Notice required by policy 3. Assignment with consent of insurer
Unless the interest of a person insured is susceptible of exact pecuniary measurement, the measure of indemnity under a policy of Insurance upon life or health is the sum fixed in the policy. Section 183. Insurance Code
The extent or amount of indemnity payable on the death of the insured under a policy of insurance upon life or health is the amount fixed in the policy in effect, life policies are valued ones.