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Consideration Clause

Appears in our practice questions for: Life Insurance

The provision identifying what the applicant gives the insurer in exchange for its promise to pay — the completed application plus payment of the first premium. It is distinct from the insuring clause, which states the insurer's own promise to pay the death benefit.

Practice questions using Consideration Clause

Original questions written against the published FINRA and NASAA exam content outlines — not actual exam questions. Every choice is explained.

The consideration clause in a life policy states that:

  1. A.The insurer owes nothingWould leave the agreement with no promise on the insurer's side. Consideration has to run both ways, and the insurer's promise to pay is what the applicant is buying.
  2. B.The agent sets the premiumProducers quote rates the insurer has filed and set; they do not price contracts themselves. The clause identifies what each side gives, not who fixes the cost.
  3. C.The application and premium are the consideration for coverageCorrect - the exchange of value for the policy.
  4. D.Coverage is freeContradicts the clause it is being asked about, since the premium is named as part of what the applicant must provide.

Why: The consideration clause specifies that the application plus the premium are the consideration for the insurer's promise.

The consideration clause in a life policy identifies:

  1. A.The agent's commissionCommission is an arrangement between the insurer and the producer and does not appear in the policy contract. This clause names what the applicant gives in exchange for the insurer's promise.
  2. B.The free-look periodThe free-look right is a separate provision governing the applicant's ability to return the policy after delivery. It addresses cancellation, not what each side exchanges to form the contract.
  3. C.The exclusions onlyExclusions describe risks the insurer will not cover. They cut back the promise rather than identifying the consideration that supports it.
  4. D.The application and premium as the considerationCorrect - the exchange of value.

Why: It specifies that the application and premium payment are the consideration for the insurer's promise.

The CONSIDERATION the applicant provides for a life insurance contract consists of:

  1. A.The beneficiary designationWrong. Designations direct proceeds - they purchase nothing.
  2. B.The premium payment and the statements made in the applicationCorrect. Both elements constitute the applicant's consideration.
  3. C.The medical examination resultsWrong. Exams inform underwriting; they are not the bargained consideration.
  4. D.The premium aloneWrong-but-tempting. The APPLICATION STATEMENTS are equally part of the exchange - which is why misstatements void it.

Why: Consideration flows both ways: the insured gives the premium and truthful application representations; the insurer gives its conditional promise of benefits. Citation: consideration clause doctrine. Takeaway: money plus truthful statements buy the insurer's promise.

A life policy's CONSIDERATION clause is being distinguished from its INSURING clause during a claim dispute. The consideration clause identifies:

  1. A.The premium amount and payment frequency together with the statements in the application, which is what the applicant gives in exchange for coverageCorrect. The applicant's consideration is money plus truthful statements; that is why a material misrepresentation can undermine the contract.
  2. B.The insurer's promise to pay the stated death benefit upon receipt of due proof of the insured's deathThat is the insuring clause, the insurer's side of the bargain.
  3. C.The period during which the insurer may contest the policy for a material misstatement in the applicationThat is the incontestable clause.
  4. D.The list of documents that together form the entire contract between the partiesThat is the entire-contract provision.

Why: Consideration is what each side gives to make the contract binding. From the applicant, it is the initial premium PLUS the statements made in the application; from the insurer, it is the promise to pay. The consideration clause states the amount and frequency of premium and ties the statements in the application into the bargain. The insuring clause is the insurer's separate promise to pay the stated benefit on proof of death. The clue is that the question asks what the applicant supplies.

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