1 Topic 15: Insurance Terms Peril: cause of loss such as fire Hazard: increases likelihood of loss Physical: ice on sidewalk Moral: dishonesty Morale: indifference to loss such as speeding Law of large numbers More units exposed to loss, greater predictability of loss 2 Topic 15: Insurance Terms Adverse selection: higher risk individuals will seek insurance Self-insurance: business creates fund to pay own losses Risk avoidance: don’t drive Risk diversification: hold harmless, shift risk to someone else Risk reduction: lower chance of loss Take driver’s training 3 Topic 15: Insurance Terms Risk transfer: buy insurance Principle of indemnity: can’t profit from loss Subrogation: right to pursuit legal action to collect from third party Insurance interest: insured stands to lose Life insurance: required only when policy issued Property liability: must have at start of policy and when loss occurs 4 Topic 15: Insurance Contracts Contract can’t be assigned Aleatory: one person may get better deal than other party Adhesion: non negotiable Good faith: both parties must be honest Beneficiary can be changed unless irrevocable designation Need consent of beneficiary if want to change Conditions precedent, subsequent 5 Topic 16: Risk Exposures Personal Death, disability, health Property Reduction in value Or cost of replacement Liability: Business related Loss of income 6 Topic 17: Property Insurance 80% rule: required insurance (Amount Insured/Amount Should Have Insured x Loss) – Deductible = Insurance Payment Deductible subtracted last Amount Should Have Insured = Replacement Cost x 80% Home $400,000 replacement cost $300,000 insurance $1,000 deductible Fire causes $20,000 damage Insurance reimbursement? 7 Topic 17: Property Insurance Homeowners Insurance HO 01: fire and named perils HO 02: broad form covers additional perils Personal property covered up to 50% of dwelling insurance HO 03: open perils (all risk) on dwelling; broad form on personal property Most common policy Excludes pets, property of boarders, separately scheduled property Excludes flood, sewer backup, wet basement Rising water versus falling water: Oakcrest 8 Topic 17: Property Insurance Homeowners Insurance HO 04: renters insurance Broad form coverage for personal property HO 05: open perils for dwelling and open perils for personal property HO 06: condo insurance Dwelling covers interior walls Broad form on personal property HO 08: older homes Replacement cost > FMV Insures them at a lower value 9 Topic 17: Property Insurance Coverage A: dwelling and attachments Coverage B: structures separated from dwelling Garages, pools, fences Generally 10% of Coverage A amount Coverage C: personal property located anywhere Generally 50% of Coverage A amount Limits on high value items: jewelry, guns, etc. Can be increased by endorsement Exclusions: business property, boarders property 10 Topic 17: Property Insurance Coverage D: Additional living expenses while home repaired Credit cards: up to $500, no deductible Coverage E: Comprehensive personal liability for unintentional bodily injury and property damage up to $100,000 Covers damages off premises by insured, pets Not for insured Coverage F: $1,000 per person per occurrence medical payments Covers damages off premises by insured, pets Not for insured 11 Topic 17: Property Insurance Exclusions Earthquake Flood, rising water. (Falling water covered) War, nuclear accidents Intentional loss Endorsements Scheduled personal property Earthquake Flood Personal property replacement cost 12 Topic 17: Property Insurance Miscellaneous No coverage if conceal material info Insured can cancel at any time Insurer must give advance notice of cancellation, nonrenewal Only one year to sue insurer 13 Topic 17: Personal Auto Policy Part A: liability: bodily injury and personal property caused by insured’s negligence Also attorney fees to defend insurance Split limits: per person/per accident/property damage $15,000/$30,000/$50,000 Required? Get minimum? Covered individuals Named insured Spouse and family members Others using car with permission 14 Topic 17: Personal Auto Policy Covered vehicles All vehicles listed in policy declaration New vehicles 14 days to notify Trailers Loaner cars Rental cars??? Exclusions Intentional injury/damage Employees Motorcycles require separate coverage 15 Topic 17: Personal Auto Policy Part B Medical Payments: $1,000 per person Covers, no matter fault, Insured Insured family members Even when pedestrians hit by car Others in car: flying turkeys Part D: Physical Damage to Your Auto Collision Other than collision (comprehensive) Hitting deer: not collision, covered under comprehensive Deductibles $250 - $1,000 16 Topic 17: Personal Auto Policy Uninsured motorist Coverage applies when accident fault of individual with No insurance Less insurance than required by law Hit and and run drivers 17 Topic 17: Umbrella Liability Insurance Required underlying policies Auto, home, boat, motorcycle Must have required amounts of coverage Provides additional liability coverage Large amount; generally inexpensive 18 Topic 17: Commercial Insurance Property Homeowners coverage generally provides minimal coverage for business property in home Endorsement Open perils or specified perils Actual cash value or replacement cost May have co-insurance (80%) requirement but not mandatory Bars, restaurants, amusement parks not eligible for this policy 19 Topic 17: Commercial Insurance Business income coverage Replaces income and covers expenses due to closure by covered peril: fire, wind, etc. Crime insurance Police must be notified Liability Occurrence basis Covers claims from events during policy period Doesn’t matter when claim filed Claims made Covers only claims made during policy period Will need tail coverage for claims after policy lapse 20 Topic 17: Commercial Liability Types Same coverage as Personal Auto Policy Garage Coverage: for businesses storing; selling; servicing; parking vehicles Umbrella Self insure generally first $25,000 Occurrence basis Professional liability Physicians, attorneys, etc. Fail to perform as promised 21 Topic 17: Commercial Surety bonds Insures party will fulfill obligations Insured is liable to issuing company if payment has to be made on bond Directors and Officers Covers wrongful acts Workers Comp Provides benefits required under state law Payment for liability claims from employee injuries Injured on the job 22 Topic 18: Health Insurance Hospital, surgical and physicians insurance Hospital: room and board up to $X per day Surgeon: all or usual and customary Physicians: only in hospital Not the type of “health insurance” you want 23 Topic 18: Health Insurance Major medical insurance policy Covers most medical expenses Both in and outside of hospital High payment limit: $1 million/unlimited Deductible Usually $500 to $1,000 per year Often per person/per family ($500/$1,000) Coinsurance: For example, after deductible met, insured must pay 20% of next $5,000 of medical expenses per person??? 24 Topic 18: Health Insurance Major medical insurance policy Not covered Chemical addictions Cosmetic surgery Glasses Travel outside U.S. / Canada Injuries covered by workers comp Self-inflicted injuries 25 Topic 18: Health Insurance Medical insurance premiums Self-employed Deducted in calculating AGI Employees Must itemize Medical expenses must be > 7.5% AGI 26 Topic 18: Health Insurance Medicare Part A: Hospital Over 65 Eligible for Social Security Automatically covered No cost 27 Topic 18: Health Insurance Medicare Part B: Doctors’ services Over 65 Eligible for Social Security Must pay premium Premium increases with AGI 28 Topic 18: Health Insurance Medicare Deductibles Part A: Hospital $1,068 for first 60 days After 60 days, patient pays most of the cost No deductible for first 20 days at skilled nursing facility After 20 days, patient pays most of the cost 29 Topic 18: Health Insurance Medicare Deductibles Part B: Doctors services $135 per year 20% co-pay 30 Topic 18: Health Insurance Medicare Part D: Prescription drugs Anyone in Part A or B is eligible Annual premium $420 per year Covers large portion of initial costs and extraordinary costs but not costs in the middle (donut) 31 Topic 18: Health Insurance Medigap: Medicare Supplemental Must offer: Part A: up to one year hospitalization beyond Medicare coverage Part B: pays 20% co-payment Can offer other benefits 32 Topic 18: Health Insurance Medicaid: provide medical care for those who can’t afford to pay Administered by each state Must meet income/asset tests Five year look back rule on transfer of assets 33 Topic 19: Disability Insurance Definition of disability Own occupation: can’t do what you normally do Relief pitcher: disabled even if could coach ETE: can’t work at any job for which education, training and experience would qualify you Tiger Woods making cheeseburgers Partial disability: can’t work full time Generally 50% of total disability benefit Residual disability benefit: if earnings decrease by 2/3, collect 2/3 of total disability benefit 34 Topic 19: Disability Insurance Benefit period To age 65 Period of years Elimination period One to six months Benefits Tax-free if insured paid for policy Employer paid for policy: benefits taxable Up to 75% of income COLA riders available Guaranteed renewable: pay premiums, policy stays in force Guaranteed insurability: can increase coverage without showing insurability 35 Topic 20: Long-Term Care Insurance Medicare only covers 20 days of skilled nursing care Not nursing home so Grandma can play bingo (custodial care) Can generally buy coverage up until age 84 36 Topic 20: Long-Term Care Insurance Benefits payable if can’t do more than one of following: Dress, eat, bathe, toilet, walk Benefits are usually $X per day May be an elimination period Benefits paid from one year to lifetime Inflation rider available May have waiver of premium if receiving benefits Must be guaranteed renewable for favorable tax treatment 37 Topic 20: Long-Term Care Insurance Life insurance Accelerated death benefit provision and viatical settlements allow access to funds for long-term care if terminally ill Insurance premiums Self-employed Deducted in calculating AGI Not self-employed Must itemize: Medical expenses must be > 7.5% AGI Amount deductible limited based on age $3,180 for ages 61 - 70 38 Topic 21: Life Insurance Concepts Mortality: death rates Morbidity: rates of disability Expenses: greatest in early years Commissions Insurable interest Required at time of policy inception Not at the time benefits are paid 39 Topic 21: Life Insurance Term insurance: temporary Renewable: to age 70 Convertible: to whole life Whole life: permanent/forced savings Variable: separate account invested based on policy holder’s allocation Whole life funds go into general account of company Can increase death benefits/cash value based on investment performance Universal: can change Premiums: can skip payments Death benefit Cash value separated from death benefit Variable universal: combine features Survivorship: second to die policy 40 Topic 21: Life Insurance Contract provisions All language contained in contract Backdating: can be done up to six months Owner may not be insured One month grace period for premium payments Misstate age: adjust death benefit Loans: amount borrowed subtracted from death benefits Assignment: generally policies may be assigned Common disaster: primary beneficiary must outlive insured by 60 – 90 days 41 Topic 21: Life Insurance Contract provisions Incontestable: insurer has two years to challenge validity of policy Exclusions: suicide (one to two years) and war Settlement options Lump sum Annuity Single or joint life; term certain Interest only 42 Topic 21: Life Insurance Dividends Cash Accumulate Reduce premiums Buy additional coverage Interest credits Portfolio method: based on insurer’s earnings of overall portfolio New money method: based on insurer’s earnings on money invested that year 43 Topic 21: Life Insurance Riders Accelerated death benefits: pay benefits if expected to die within year; in nursing home permanently Long-term care: benefits rider can be added to life insurance policy Waiver of premiums: if disabled Guaranteed insurability: can buy more coverage without showing insurability Double indemnity: twice policy amount if death accidental 44 Topic 21: Life Insurance Nonforfeiture options After policy has cash surrender value, Can get cash within six months Can get a paid-up policy with a reduced face amount Can get a term policy with the same face amount 45 Topic 21: Life Insurance Illustrations Projection of financial results Incorporate present value or just nominal values? Optimistic assumptions? Clearly label what is guaranteed? NAIC model does not apply to variable life/annuities Policy replacement Regulated by many states High commissions May make sense due to reduced mortality charges and in higher interest rate periods 46 Topic 21: Life Insurance Accelerated death benefits Allow terminally ill insured to obtain funds prior to death tax-free Pay for custodial care Preferable to viatical due to discounts on viatical Viatical settlements Terminally ill insured transfers policy for lump sum payment Benefits tax-free to insured if: expected to die within two years can’t perform two activities of daily living 47 Topic 22: Income Taxation of Life Insurance Dividends: whole life policies Not taxable unless total dividends > premiums paid on policy Loans: whole life policies Not taxable Withdrawal of cash value Not taxable unless withdrawals > basis If taxable, ordinary income Surrender Not taxable unless proceeds > basis If taxable, ordinary income 48 Topic 22: Income Taxation of Life Insurance Death benefit: not taxable MECs: premiums higher than necessary for insurance. Often single premium policy Then take cash value prior to death Test during first seven years of policy If policy is MEC, Death benefit is still not taxable Withdrawals and loans taxed as ordinary income with penalty if under 59 ½ 49 Topic 22: Income Taxation of Life Insurance Transfer for value Sell policy to someone other than related party (business, co-owner, family member) Seller not taxed if viatical settlement Expected to die within two years Buyer will be taxed on death benefits if greater than basis (ordinary income) Including premiums paid and purchase price 50 Topic 22: Income Taxation of Life Insurance Section 1035 exchange Trade an existing policy for a new policy Good idea??? Mortality/interest rate assumptions Trade an insurance policy for an annuity Makes IRS happy Can not trade an annuity for an insurance policy Would make the IRS sad 51 Topic 23: Business Uses of Insurance Buy-Sell Agreements Provides for the sale of business interest on death of owner Allows heirs to cash out of business Keeps heirs from becoming co-owners Keeps ownership with existing owners Value generally based on formula Valid for estate tax valuation 52 Topic 23: Business Uses of Insurance Buy-Sell Agreements Cross purchase Owners buy policies on each other Number of policies? Older owner Premiums not deductible Entity Company buys policy on each owner Premiums not deductible 53 Topic 23: Business Uses of Insurance Key Person Life Insurance Insures life of valued employee: Pujols Janitor Business is beneficiary Premiums not deductible Benefits tax-free 54 Topic 23: Business Uses of Insurance Split Dollar Life Insurance Employer and employee share cost of premiums Employer pays cash value portion Employee pays pure life insurance cost If employer pays entire premium, coverage above $50,000 taxable Endorsement method Employer owns policy Receives reimbursement for premiums paid Employee gets balance Employer paid premiums income to employee Collateral assignment method Employee owns policy Again must reimburse business for premiums paid Premiums treated as loans: employee must pay interest 55 Topic 24:Insurance Needs Analysis Life insurance Human life approach: six to ten times annual income Present value of insured’s future income Does not consider assets, liabilities Financial needs: determine cash needs, income needs, special needs and then subtract net worth 56 Topic 25:Insurance Policy and Company Selection Life insurance Temporary needs: term Permanent needs: whole life Participating: pays dividends when premiums were “too large” Cost analysis Net cost method per $1,000 of coverage = (total premiums – cash value) / number of years policy held Ignores time value of money 57 Topic 25:Insurance Policy and Company Selection Life insurance Cost analysis Surrender cost index = (future value of premiums – dividends – cash value)/fv factor for $1 for n years at i rate) /$1,000 units of coverage Net payment cost index = Same as surrender cost index but cash value is not subtracted 58 Topic 25:Insurance Policy and Company Selection Life insurance Cost analysis Net payment cost index = same as surrender cost index except does not subtract cash value 59 Topic 25:Insurance Policy and Company Selection Life insurance Company selection: financial ratings Companies rated based on financial strength A.M. Best, S&P, Moody’s Best: insurance companies only “A+” rating has different meanings Variable products provide security of subaccounts Company selection: underwriting Some companies only want certain types of risk State Farm: Florida, b & b 60 Topic 25:Insurance Policy and Company Selection Property and casualty insurance Policy selection Insure catastrophic losses Select deductibles based on Risk tolerance Risk capacity 61 Topic 26: Annuities Types Immediate: payments begin now Deferred: payments begin later Single premium: one payment Purchase annuity with 401(k) proceeds Periodic premium Single vs. joint and survivor Period certain: benefits continue for a minimum number of years Even if die before period ends 62 Topic 26: Annuities Types Fixed: periodic payment known Turn defined contribution plan into defined benefit plan Variable: periodic payments based on investment performance Considered securities: must hold Series 6 and insurance license to sell Oversold/undersold???? 63 Topic 26: Annuities Structured settlements Receive periodic payments instead of lump sum For auto accident, medical malpractice, etc. Payments are tax-free if compensatory including pain/suffering/wrongful death/loss of goodwill Effectively makes interest tax-free Punitive, non-physical damages are taxable Companies buying structured settlements 64 Topic 26: Annuities Taxation of annuities Noncontributory-qualified plan All payments ordinary income Contributory-qualified plan Basis / total expected payments = percent of each payment not taxed Remainder of payment ordinary income Subject to 10% penalty if not age 59 1/2 After recover entire basis, all taxable If die before deferred annuity payments begin Refund of premiums paid generally not taxable since payment equals basis No step-up in basis for annuities 65 Topic 26: Annuities Taxation of annuities Commercial annuity Ordinary income and return of capital based on expected payments Corporate annuities Must recognize income immediately on increase in value of annuity; no deferral 66 Topic 27: Group Term Life Insurance Must be nondiscriminatory Amount of coverage usually multiple of salary Cost of coverage above $50,000 is taxable No evidence of insurability required Even if leave company and convert to individual cash value policy 67 Topic 27: Group Permanent Insurance Premiums Deductible by employer Taxable to employee GULPs: employees pay for universal life coverage Advantage Group underwriting Can continue as individual policy after leaving employment No evidence of insurability required Must convert to permanent insurance 68 Topic 27: Group Permanent Insurance Carve Out Insurance Cover top dogs only Employer’s cost deductible Top dogs taxed on premiums paid Pay bonus to top dogs so they can pay taxes on premiums so they won’t be sad Employer paid death benefit Taxable Not funded by life insurance policy 69 Topic 28: Group Disability Insurance Can discriminate Long-term plans Similar to individual policy features Benefits taxable if employer pays premiums Employer can deduct premiums Integrated with other sources of disability income such as Social Security so don’t get rich watching Oprah Disability definition: can’t do job qualified for based on training, education, experience If just top dogs covered, own occupation definition more likely Short-term disability Sick for a week: continue to pay salary Sick for up to six months: short-term disability policy pays benefits 70 Topic 29: Group Medical Insurance Types of policies HMOs: Lower deductibles, co-payments Restricts selection of medical care providers PPOs: Lower deductibles, co-payments if select “preferred provider” Point of service In network providers have lower deductibles, co-payments if selected 71 Topic 29: Group Medical Insurance Tax advantages Employer deducts premiums Employee not taxed on premiums or benefits received 72 Topic 29: Group Medical Insurance COBRA For businesses with more than 20 employees, insured can continue coverage if lost coverage due to Termination of employment (including retirement) Continue coverage for 18 months Dependent no longer covered due to death/divorce/Medicare eligibility/dependency status Continue coverage for 36 months Employee must pay cost of coverage Government paying in 2009 65% of cost for first nine months 73 Topic 29: Group Medical Insurance HIPAA Individuals losing group coverage must be offered coverage without pre-existing conditions HSAs Require high deductible health insurance Deductible of $2,300; out of pocket $11,600 If individual contributes Can deduct from AGI up to $5,950 for family policy Once eligible for Medicare, can’t contribute 74 Topic 29: Group Medical Insurance HSAs Earnings not taxed if used for medical expenses Even if after covered by Medicare No required distributions Advantage for those who want to retire early Can roll over funds from IRA into HSA one time up to annual contribution limit