Table Of Contents / McGill's Legal Aspects of Life Insurance
Preface i
About the Author ii
About the Editors iii
- Chapter 1: About the Fundamental Legal Concepts 1
- Forms of Law 2
- Judicial Decisions 6
- Relationship of the Judiciary to Legislative Law 10
- Classification of Courts 11
- Jurisdiction of Courts 12
- Conflict of Laws 13
- Chapter 2: Basic Principles of Contract Law 16
- General Nature of a Life Insurance Contract 17
- Chapter 3: Formation of a Life Insurance Contract (Part 1) 23
- Legal Capacity of the Parties 23
- Mutual Assent 27
- Chapter 4: Formation of a Life Insurance Contract (Part 2) 43
- Consideration 43
- Legality of Purpose 46
- Legality of Form 60
- Chapter 5: Avoidance of the Contract by the Insurer 62
- Representations 64
- Concealment 74
- Chapter 6: Waiver, Estoppel, and Election by the Insurer 80
- Law of Agency 81
- Meaning of Waiver, Estoppel, and Election 86
- Waiver Situations 89
- Chapter 7: The Incontestable Clause 95
- Nature and Purpose of the Clause 96
- Types of Incontestable Clauses 100
- Matters Excluded from Incontestable Clause 102
- Relationship to Other Policy Provisions 104
- Chapter 8: Policy Provisions 109
- Policy Face Page 111
- Standard Policy Provisions 112
- Required Provisions 113
- Prohibited Provisions 119
- Optional Provisions 120
- Waiver and Estoppel 123
- Additional Common Provisions 125
- Chapter 9: Premiums 131
- Payment of Premiums 132
- Renewal Premiums 137
- Premium Notices 142
- Method of Premium Payment 145
- Return of Unearned Premiums 151
- Chapter 10: Rights and Remedies 153
- Property Rights in Life Insurance 153
- Remedies 163
- Chapter 11: Performance of the Contract by the Insurer 169
- Computation of Death Benefit Amount 169
- Establishing Need to Pay Death Benefit 171
- Who Gets the Proceeds? 175
- Reasonable Expectations Doctrine 178
- Releases and Compromise Settlements 179
- Chapter 12: The Beneficiary (Part 1) 181
- Types of Beneficiaries 182
- Succession in Interest 192
- Ownership Rights 195
- Chapter 13: The Beneficiary (Part 2) 197
- Simultaneous Death 197
- Short-term Survivorship 198
- Effecting a Change of Beneficiary 200
- A Minor as Beneficiary 201
- The Trustee as Beneficiary 202
- Chapter 14: Assignment of Life Insurance Contracts 204
- Right of Assignment 205
- Effect of Assignment on a Beneficiary’s Rights 207
- Effect of Assignment on Ownership Rights 209
- Other Matters Relating to Assignment 216
- Chapter 15: Protection against Creditors 219
- Nonstatutory Protection 220
- Statutory Protection 222
- Scope of Exemption Statutes 229
- Chapter 16: Agents and Brokers 230
- Law of Agency 231
- Agency Law in Marketing Life Insurance 234
- Creation of Principal-Agent Relationship 236
- Rights and Liabilities 243
- Chapter 17: Advertising and Privacy 251
- Advertising 252
- Federal and State Securities Laws 253
- Nonsecurities Laws on Insurance Advertising 256
- Privacy 261
- Chapter 18: Death and Dying 269
- Procedural Aspects of Death and Dying 270
- Emotional Aspects of Death and Dying 284
- Inventory of Important Information 289
- Sample Uniform Donor Card 304
- Chapter 19: Readings from The Best of Strictly Speaking 305
- Ethics The Pillar of Professionalism 306
- Life Insurance Issues: Yesterday and Today 310
- Company Bashing 315
- Can a Producer Effectively Evaluate Carriers? 317
- What Are Ethics? 320
- Ethics Requires Practice 323
- Ethical Behavior as a Core Value 326
- Facing Decisions and Making Choices 332
- Ethics and the Law 335
- Happy Anniversary, "Strictly Speaking" 337
- Why Do Good People Make Bad Choices? 340
CE Start Page
