Principios Generales de SegurosPregunta 359 de 716
A misrepresentation on an application generally allows an insurer to void the policy only when the misstatement was:
a.Discovered more than two years after issue, which would usually fall outside the incontestable period and bar the insurer entirely
b.Material to the insurer's decision to issue the policy or set the premium
c.Made verbally to the producer
d.Related to the choice of beneficiary
Explicación
A misrepresentation must be material, meaning that had the insurer known the truth it would have declined the risk or charged a different premium, before it can serve as grounds to rescind the policy. Whether the statement was verbal or written is not the deciding factor. The beneficiary designation is generally not a material underwriting fact. And a misstatement discovered after the incontestability period usually cannot be used at all, so late discovery works against the insurer rather than for it.
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Preguntas relacionadas de este tema
- The doctrine that both parties to an insurance contract rely on the honesty and full disclosure of the other is known as:
- A statement an applicant makes on an insurance application that is believed true to the best of their knowledge, rather than guaranteed to be literally true, is a:
- The intentional withholding of a known material fact during the application process is called:
- A producer exceeds the powers actually granted by the insurer, but a reasonable applicant believes the producer is acting for the insurer. The producer is exercising:
- The powers a producer is specifically granted in the written agency agreement with the insurer are called:
- Persuading a policyowner to drop an existing policy and replace it by using misleading or incomplete comparisons is the unfair trade practice known as:
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Revisado por John Zihao Zhang — California-Licensed Life Insurance Agent (CA Dept. of Insurance License #4396095 — verificar)