California Life-Only & Accident and Health AgentLife InsuranceHard

An agent is helping a client complete a life insurance application. The client admits to having smoked cigarettes occasionally in the past but states they quit 3 years ago. The agent advises the client to mark 'non-smoker' on the application, claiming it's been long enough. If the client follows this advice, what potential issue could arise in the future?

  1. AThe premiums will be retroactively lowered.
  2. BThe policy will automatically convert to a term life policy.
  3. CThe policy will be issued with a Preferred Risk rating.
  4. DThe insurer may deny a future claim based on misrepresentation.
Show answer & explanation

Correct answer: D. The insurer may deny a future claim based on misrepresentation.

Misrepresentation of material facts on a life insurance application, even if advised by an agent, can lead to the insurer denying a claim or rescinding the policy. Smoking status is a material fact affecting underwriting and premiums.

Why the other options are wrong

  • A. Premiums could be retroactively adjusted upwards, but never lowered, if the truth about smoking was discovered after issuance.
  • B. There is no mechanism for an automatic conversion to term life based on misrepresentation of smoking status.
  • C. Misrepresentation, especially about smoking, would likely lead to a higher rating or denial, not a Preferred rating.

Misrepresentation (Life Insurance)

A false statement of a material fact on a life insurance application that, if known by the insurer, would have caused them to decline the application, issue with a different rating, or for a different amount.

  • False statement of a material fact.
  • Can be intentional or unintentional.
  • Materiality is key: did it influence the insurer's decision?
  • Can lead to policy rescission or claim denial.

Memory trick: Misrepresentation: False statements on the form lead to future claim storms.

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