What defines a misstatement?

Insurance pros!

I'm studying for my Life license and two questions came up regarding misstatements on applications;

1. If a person starts a policy as one gender and later changes their gender, is that considered a misstatement if they die without having alerted the insurer?

2. If someone changes genders and wants to update their policy information what is the protocol? 

Our underwriters gave me an answer I can't publish but I would love to hear your thoughts.

Thanks for taking the time.

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Answers (41-50)

I would suggest you seek legal advice from an attorney that may pursue life companies when they try not to pay a death benefit.  They would know safe path to ensure best chances of getting benefit paid if and when needed.

As long as the answers on the original application are accurate, coverage should apply!

This may also depend if they LEGALLY have changed their gender on drivers license.

I have yet to have this situation come up, but in my opinion, the gender change, after a policy was issued, would not constitute a misstatement as the correct gender was declared at the time of application. Making a policy change for the gender change would depend on each individual companies requirements.

I would think you are only obligated to answer truthfully at the time of application with the correct gender. Any changes after two years can not be contested under the incontestability clause 

  • 1)  If the change occurred completely after the policy was in force, it would not be material. If the process was ongoing during the app process it could be seen as relevant. While reporting the change would be nice, at the time of the application is what matters. No change to the actual actuarial table necessary. Genetics wouldn't change based on the surgery. 2) Contact the carrier to discuss.
  • I had a client transition from male to female.  We simply let the insurance company know about the gender and name change.  I inquired about the rate changing due to the gender change but was told the rate is based on the gender assigned at birth.

    1) It could depending on the carrier. A good practice is to consult with the carrier prior to the sex change.

    2) A simple phone call to advise of the change with the carrier would be in order.

    Hello Joshua,

    Thank you for your kind inquiry.

    I am in the RE space and thus happy to answer and Title and Escrow questions you may have in the future.

    Take care~

    I am not licensed to sell life insurance but once the insured has legally changed their name with IRS and registry etc I believe the policy could be endorsed at the discretion of the carrier.   I have had that happen a few times in auto and homeowners with no issues at all.   



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