Virginia-Life-Annuities-and-Health-Insurance Exam Results

In insurance contract law, an offer must be a clear and definite proposal that, if accepted, results in a binding contract. In life and health insurance, the applicant typically makes the offer by submitting an application. When a premium is paid with the application, it may strengthen the intent to offer, although coverage does not begin unless the insurer accepts the risk or issues a conditional receipt. An offer can also be terminated through a counteroffer. For example, if an insurer issues a policy with different terms than those requested, the insurer has made a counteroffer, which must be accepted by the applicant before a contract is formed. Advertising, however, is generally considered an invitation to apply rather than an offer or a temporary contract of insurance. A binder represents temporary insurance coverage and requires intent by the insurer or authorized agent to provide immediate coverage. Advertising lacks this intent and does not establish coverage. Therefore, advertising may not be considered a binder, making that statement incorrect under insurance contract principles.

A self-employed individual can use an annuity to fund an IRA, SEP, or Keogh plan, but not a tax-sheltered annuity (TSA). A TSA is a type of retirement plan typically offered to employees of public schools, colleges, and certain nonprofit organizations (i.e., 403(b) plans), not for self-employed individuals.

Detailed Answer in Step-by-Step Solution:

The incontestability provision in LTC policies typically limits the insurer’s ability to contest coverage based on misrepresentations to two years (B) from issuance, unless fraud is proven (which may extend this in some states).

Option A (six months) is too short. Option C (entire duration) applies only to fraud in some cases, not standard misrepresentations. Option D (prohibited) is incorrect due to the contestable period.

The Virginia study guide, aligned with NAIC standards, notes a two-year contestable period for health-related policies like LTC, after which misrepresentations cannot be challenged absent fraud. Reference: Virginia Life, Annuities, and Health Insurance study guide, section on "Incontestability."

A captive agent represents only one insurance company under a contractual agreement. The agent sells only that insurer’s products and acts as its exclusive representative.

Independent agents represent multiple insurers, brokers represent clients rather than insurers, and “free agent” is not a recognized licensing category. Virginia licensing materials clearly distinguish captive agents from other distribution roles, making option A correct.