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The Effects Of Lapsing Your Life Insurance Policy
Buying something tangible — a shirt for example — is usually not a stressful decision. Either you like it or you don't. And you can always take it back.

Buying a life insurance policy, however, is a different story. Once you sign a contract, you may only have a few days to change your mind and back out of the deal, or no time at all. If a few weeks, months, or years go by and you find you don't want the policy anymore, you have the option of lapsing it. However, if you do this often enough, you could suffer some consequences.

"You might have a plausible explanation" as to why you have so many lapsed policies, says Lynn Patterson, chief underwriter at Zurich Kemper Life Insurance Co. "But it had better be a good one."

Why Lapse Your Policy?
A life insurance policy lapses — or cancels itself — when you stop paying premiums on it. If you have a whole life insurance policy that has accumulated cash value, the cash value, the cash value is drained to pay your premiums until it runs out, and then the policy lapses.

There are many reasons why someone may lapse a policy. He may feel he is paying too much for insurance, so he'll buy one at a better rate and lapse the old one. If he has a whole life policy, he may be unsatisfied with the amount of cash value he is accumulating, so he'll lapse it and look for another policy with a rosier financial picture.

Some insurance companies don't care. Primercia Life Insurance Co., for example, does not even ask about previous policies on the application. "It doesn't come into play at all," says Mark Supic, a spokesperson for Primerica. "We would have no way of knowing what the person's [lapse] history was."

At State Farm Life Insurance Co., you won't be rejected for having a high number of lapses, but you may have to pay your premiums in one annual payment rather than the more flexible option of paying monthly, says Steve Zitney, an underwriting consultant in State Farm's life and health department. That's because a high number of lapses may indicate financial instability, and the insurer wants to know that a full year's premium will be paid.

Yet other insurance companies may reject your application if you have had a high number of policy lapses. Some insurers may think you'll leave them for a better deal at the drop of a hat. They may think you are financially strapped and have a hard time paying your premium bills. Some may even think you're involved in a scam with your agent in which you're getting a kickback on the agent's commission.

David Potter, a spokesperson at Hartford Life Insurance Co., says that if an applicant has a high number of policy lapses, the company would look for the reasons behind them. If a person failed to pay premiums on several policies, he would likely be denied insurance. But if the person was a past victim of churning — a process where an agent uses the cash value in an old policy to replace it with a new one — his application would more likely be accepted because the lapses were prompted by illegally mishandled policies.

Patterson, of Zurich Kemper Life Insurance Co., says that a person may be rejected for life insurance by his company due to a high number of policy lapses, but it's rare. He says that if an applicant had two lapses in three years, or perhaps three lapses in five years, it would be cause for alarm. And if the lapses were policies with large death benefits, there's an even greater chance Zurich Kemper would reject the applications. That's because, in most cases, agents' commissions are paid as a percentage of the first year premium. So the greater the death benefit, the higher the premium — and the higher the agent commission. An agent's life insurance commission can be more than 50 percent of the first year's premium, so the insurer has to spend money to insure the customer but may never realize any financial gain.

For example, Patterson recalls one case where a customer took out a $2 million policy with Zurich in 1993 and lapsed it in 1995. He took out another $2 million policy in 1995 with another insurer, and lapsed it in 1997. He then went to a third insurer and took out a $2 million policy in 1997. He took out another $2 million in 1998 with the same insurer. When he went to Zurich again in 1999 and applied for a $4 million policy, the company rejected his application.

"It's not a profitable piece of business," Patterson explains. "Nobody's making any money on this guy, except for the agent."

Watch Out for "Rebating"
If an agent approaches you about giving you a chunk of his commission if you agree to lapse your policy and apply for a new one, watch out. That's a practice called "rebating" and it's illegal in all states except for Florida and California, according to Jack Dolan, a spokesperson for the American Council of Life Insurers. Rebating applies to any sales practice in which an agent entices a customer to buy an insurance product by giving him or her part of the commission.

Rick Sabo of Money Concepts International in Gibsonia, Penn., a former agent with Metropolitan Life Insurance Co. who is now a consultant to policyholders and attorneys in insurance lawsuits, says that rebating is extremely rare. And even if agents convince a person to lapse an old policy, the customer may not realize what they are doing, he says.

Randy McConnell, a spokesperson for the Missouri Department of Insurance also says that rebating is much rarer than other forms of insurance fraud, such as churning. He says that if an agent wants to illegally mishandle a policy, they have greater incentive to do it on their own rather than team up with the insured because they will not have to split the commission. Rebating "is not a high volume kind of thing," he says.

Lisa Santucci, a senior attorney with the Florida Department of Insurance, receives a number of inquiries from agents and insurance companies asking if they can give a cash bonus to a customer who buys a policy or annuity from them. But she has not seen any cases where an agent and a customer "teamed up" to churn a policy and split the commission on the new policy.

Buy It Once — But Do Your Homework
Most life insurance experts will tell you to buy life insurance when you're young since it's more expensive as you grow older. The potential hazards you face in the future for lapsing policies make a strong argument to buy the right policy once, and review your coverage needs as your life changes. Otherwise, you and your beneficiaries could suffer in the future.

By Mark Cybulski
insure.com


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