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11
Performance of the Contract
by the Insurer
Burke A. Christensen

Chapter Outline

COMPUTATION OF DEATH BENEFIT AMOUNT
Adjustments to Death Benefit Amount
ESTABLISHING NEED TO PAY DEATH BENEFIT
Disappearance of the Insured
Reappearance of the Missing Person
Disappearance Attributed to Common Disaster
Beneficiary�s Filing of Death Claim
WHO GETS THE PROCEEDS?
When No Beneficiary Is Designated
Assigning Proceeds to a Third Party
Consequences of the Beneficiary Killing the Insured
REASONABLE EXPECTATIONS DOCTRINE
RELEASES AND COMPROMISE SETTLEMENTS
Releases
Compromise Settlements

A life insurance contract is performed when the insurer fulfills the promises it makes in that contract. Because an insurance contract is unilateral, the policyowner (normally the insured) makes no promises in it; the only party with promises to fulfill is the insurer. The basic promise is, of course, to pay a death benefit, but the insurer also makes promises with respect to the amount and availability of cash values, the election of settlement options, and so forth.

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