New Mexico Term Life Insurance Exam

Premium Practice Questions

By InsureTutor Exam Team

Want To Get More Free Practice Questions?

Input your email below to receive Part Two immediately

Start Set 2 With Google Login

Here are 14 in-depth Q&A study notes to help you prepare for the exam.

Explain the concept of insurable interest in the context of New Mexico life insurance policies, and detail the specific relationships that automatically qualify for insurable interest under New Mexico law. How does the lack of insurable interest affect the validity of a life insurance policy?

Insurable interest is a fundamental principle in life insurance, requiring that the policy owner have a legitimate financial or emotional interest in the continued life of the insured. This prevents wagering on someone’s life. In New Mexico, insurable interest exists when the policy owner has a reasonable expectation of benefit or advantage from the insured’s continued life, or a detriment from their death. Specific relationships that automatically qualify include immediate family members (spouses, parents, children), business partners, and creditors in relation to debtors. New Mexico Statutes Section 59A-20-4 outlines insurable interest requirements. If insurable interest does not exist at the policy’s inception, the policy is generally considered void from the beginning. The insurer may be required to return premiums paid, but no death benefit will be paid. This is to prevent policies taken out for speculative or illegal purposes. The burden of proof to demonstrate insurable interest rests with the policy owner.

Describe the provisions and regulations in New Mexico concerning the handling of policy loans and withdrawals from a term life insurance policy that has a cash value component. What are the potential tax implications of such loans and withdrawals, and how are they treated under New Mexico tax law?

Term life insurance policies typically do not accumulate cash value, so policy loans and withdrawals are generally not applicable. However, if a term policy includes a cash value component (which is rare), New Mexico insurance regulations would apply. Policy loans are generally not taxable as long as the policy remains in force and is not a Modified Endowment Contract (MEC). Withdrawals, on the other hand, may be taxable to the extent they exceed the policy owner’s basis (premiums paid). New Mexico follows federal tax law regarding life insurance. If a policy becomes an MEC due to excessive premiums paid in the early years, loans and withdrawals are taxed as income first, and a 10% penalty may apply if the policy owner is under age 59 1/2. New Mexico does not have a state-level estate or inheritance tax, so life insurance proceeds are generally not subject to state taxation at death, although they may be included in the federal estate tax calculation. Consult IRS Publication 575 and a qualified tax advisor for detailed guidance.

Explain the requirements and limitations surrounding the use of accelerated death benefits (ADBs) in term life insurance policies in New Mexico. What qualifying events trigger the availability of ADBs, and what disclosures must insurers provide to policyholders regarding the impact of ADBs on policy values and death benefits?

Accelerated death benefits (ADBs) allow a policyholder to access a portion of the death benefit while still alive if they experience a qualifying event, such as a terminal illness. In New Mexico, the use of ADBs in life insurance policies is regulated to ensure transparency and fairness. Qualifying events typically include a terminal illness with a limited life expectancy (e.g., 24 months or less), a catastrophic illness requiring extraordinary medical intervention, or confinement to a long-term care facility. Insurers must provide clear and conspicuous disclosures to policyholders regarding the impact of ADBs on the policy’s cash value (if any), death benefit, and any potential tax implications. The amount of the ADB is typically deducted from the death benefit payable to the beneficiaries. New Mexico Insurance Regulation 13.12.2.11 NMAC addresses accelerated death benefits, outlining the requirements for disclosure, qualifying events, and limitations on fees and charges associated with ADBs. The regulation aims to protect consumers from misleading or unfair practices related to ADBs.

Discuss the legal and ethical considerations surrounding the replacement of existing life insurance policies with new term life insurance policies in New Mexico. What are the specific duties and responsibilities of insurance agents when recommending a replacement, and what disclosures must be provided to the policyholder?

Replacing an existing life insurance policy with a new one requires careful consideration and adherence to specific regulations in New Mexico to protect policyholders from potential harm. This process, known as replacement, involves surrendering, lapsing, or otherwise terminating an existing policy to purchase a new one. Insurance agents have a duty to act in the best interest of their clients and must thoroughly analyze the benefits and drawbacks of the proposed replacement. New Mexico Insurance Regulation 13.12.2.10 NMAC outlines the requirements for life insurance policy replacements. Agents must provide the policyholder with a “Notice Regarding Replacement of Life Insurance” form, which discloses the potential disadvantages of replacing an existing policy, such as surrender charges, loss of guaranteed benefits, and the impact on the policy’s cash value. The agent must also compare the features, benefits, and costs of the existing and proposed policies and provide a written summary of the comparison. Failure to comply with these regulations can result in disciplinary action against the agent.

Explain the provisions related to policy reinstatement in New Mexico term life insurance policies. What conditions must be met for a policy to be reinstated after it has lapsed due to non-payment of premiums, and what are the time limits for reinstatement?

Reinstatement allows a policyholder to restore a lapsed life insurance policy to its original status, provided certain conditions are met. In New Mexico, term life insurance policies typically include a reinstatement provision that allows the policyholder to reinstate the policy within a specified period, usually three to five years from the date of lapse. To reinstate a policy, the policyholder must typically provide evidence of insurability satisfactory to the insurer, pay all overdue premiums plus interest, and repay any outstanding loans on the policy. The insurer has the right to deny reinstatement if the insured’s health has significantly deteriorated since the policy lapsed. New Mexico Statutes Section 59A-20-14 addresses policy reinstatement, requiring that life insurance policies include a provision allowing for reinstatement within a specified period after lapse, subject to the payment of back premiums and evidence of insurability. The purpose of reinstatement is to provide policyholders with an opportunity to regain coverage without having to purchase a new policy, which may be more expensive or unavailable due to changes in health.

Describe the process for handling claims under a New Mexico term life insurance policy, including the required documentation, timeframes for claim submission and payment, and the insurer’s responsibilities in investigating and resolving claims. What recourse does a beneficiary have if a claim is denied?

The claims process for a New Mexico term life insurance policy involves several steps. The beneficiary must typically submit a claim form along with a certified copy of the death certificate and any other required documentation, such as medical records or police reports, to the insurer. The policy specifies the timeframe for submitting a claim, but it is generally advisable to submit it as soon as possible after the insured’s death. The insurer has a responsibility to investigate the claim promptly and fairly. This may involve reviewing the policy application, medical records, and other relevant information to determine the validity of the claim. New Mexico Insurance Regulation 13.12.2.8 NMAC outlines the requirements for claim handling, including the timeframe for acknowledging receipt of the claim, investigating the claim, and making a decision. If the insurer denies the claim, it must provide the beneficiary with a written explanation of the reasons for the denial. The beneficiary has the right to appeal the denial and may also file a complaint with the New Mexico Department of Insurance. Legal action may also be pursued.

Explain the regulations in New Mexico regarding the conversion option in term life insurance policies. What are the requirements for converting a term policy to a permanent policy, and what factors should a policyholder consider when deciding whether to exercise this option?

The conversion option in a term life insurance policy allows the policyholder to convert the term policy to a permanent life insurance policy, such as whole life or universal life, without providing evidence of insurability. This option is valuable because it allows the policyholder to obtain permanent coverage even if their health has deteriorated since the term policy was initially purchased. In New Mexico, term life insurance policies that include a conversion option must comply with specific regulations. The policy must specify the timeframe within which the conversion option can be exercised, typically before a certain age or before the end of the term period. The premium for the converted policy will be based on the insured’s age at the time of conversion and the type of permanent policy selected. Factors to consider when deciding whether to exercise the conversion option include the policyholder’s long-term insurance needs, financial situation, and health status. Permanent life insurance policies offer lifelong coverage and cash value accumulation, but they also have higher premiums than term policies. New Mexico Statutes Section 59A-20-15 addresses conversion privileges in life insurance policies, requiring that policies include a provision outlining the terms and conditions of the conversion option.

Explain the implications of the New Mexico Insurance Code regarding the replacement of existing life insurance policies, specifically focusing on the duties and responsibilities of both the insurer and the agent. What are the potential penalties for non-compliance?

The New Mexico Insurance Code addresses the replacement of existing life insurance policies to protect consumers from unnecessary policy churning and misrepresentation. Both the insurer and the agent have specific duties. The agent must provide the applicant with a “Notice Regarding Replacement of Life Insurance” which details the potential disadvantages of replacing existing coverage. The agent must also obtain a list of all existing life insurance policies to be replaced and provide copies of the replacement notice and policy summaries to both the applicant and the replacing insurer. The replacing insurer must notify the existing insurer of the proposed replacement and maintain copies of all replacement notices and policy summaries. Non-compliance can result in penalties including fines, suspension, or revocation of the agent’s license, as outlined in the New Mexico Insurance Code, specifically sections dealing with unfair trade practices and misrepresentation. Furthermore, insurers may face fines and other administrative actions for failing to properly supervise their agents or for failing to comply with replacement regulations. The specific penalties depend on the severity and frequency of the violation. The purpose of these regulations is to ensure full disclosure and informed consent from the policyholder, preventing them from being misled into replacing a suitable policy with one that is less advantageous.

Describe the process for handling policy loans and withdrawals in a term life insurance policy that has been converted to a permanent policy in New Mexico. How does the conversion impact the loan and withdrawal provisions, and what disclosures are required to be provided to the policyholder?

Term life insurance policies typically do not accumulate cash value and therefore do not offer policy loan or withdrawal options. However, if a term policy is converted to a permanent policy (e.g., whole life or universal life), cash value accumulation begins, potentially enabling policy loans and withdrawals. The conversion process must clearly outline how the accumulated cash value, if any, from the converted policy will be treated. The converted policy’s loan and withdrawal provisions will be governed by the terms of the new permanent policy. This includes interest rates on loans, repayment schedules, and the impact of outstanding loans on the death benefit. Withdrawals may be subject to surrender charges, especially in the early years of the policy. New Mexico insurance regulations require full disclosure of all terms and conditions related to policy loans and withdrawals, including any associated fees, charges, and potential tax implications. The insurer must provide a policy summary illustrating the cash value accumulation, loan interest rates, and the impact of loans and withdrawals on the policy’s death benefit. Failure to provide adequate disclosures can result in regulatory action against the insurer.

Explain the legal and ethical considerations surrounding the use of accelerated death benefits (ADBs) in term life insurance policies in New Mexico. What are the specific disclosure requirements related to ADBs, and how do they impact the policy’s death benefit and premium payments?

Accelerated death benefits (ADBs) allow a policyholder to access a portion of their death benefit while still alive if they meet certain qualifying conditions, such as a terminal illness. In New Mexico, the use of ADBs is subject to both legal and ethical considerations. Insurers must clearly define the qualifying events, the amount of the benefit that can be accelerated, and any associated fees or charges. Disclosure requirements are paramount. The insurer must provide a clear and conspicuous disclosure statement outlining the impact of the ADB on the policy’s death benefit, cash value (if any), and premium payments. Specifically, the disclosure must explain how the accelerated benefit will reduce the death benefit payable to the beneficiary and whether premiums will be reduced, remain the same, or increase. Ethically, agents must ensure that the policyholder fully understands the implications of electing an ADB and that it is in their best interest. The agent should explore alternative options, such as long-term care insurance or government assistance programs, before recommending an ADB. Misleading or coercing a policyholder into electing an ADB can result in disciplinary action.

Discuss the regulatory framework in New Mexico concerning the contestability period in a term life insurance policy. What constitutes “material misrepresentation” that would allow an insurer to contest a claim during this period, and what evidence is required to support such a contestation?

The contestability period in a life insurance policy is a specified timeframe, typically two years from the policy’s effective date, during which the insurer can investigate and potentially deny a claim if it discovers material misrepresentations made by the applicant on the insurance application. New Mexico law governs this period to protect both the insurer and the policyholder. “Material misrepresentation” refers to a false statement or omission that, had the insurer known the truth, would have led them to either decline the application altogether or issue the policy on different terms (e.g., higher premiums). The misrepresentation must be significant enough to affect the insurer’s assessment of risk. To contest a claim during the contestability period, the insurer must provide clear and convincing evidence that the misrepresentation was material and that the applicant knew or should have known the information was false. This evidence may include medical records, physician statements, and other relevant documentation. The insurer must also demonstrate that it relied on the misrepresentation when issuing the policy. After the contestability period expires, the policy becomes incontestable, meaning the insurer generally cannot deny a claim based on misrepresentations, except in cases of fraud.

Explain the provisions of the New Mexico Insurance Code related to the reinstatement of a lapsed term life insurance policy. What conditions must be met for reinstatement, and what rights does the policyholder have during the reinstatement process?

The New Mexico Insurance Code outlines specific provisions for the reinstatement of lapsed life insurance policies, including term life policies. Reinstatement allows a policyholder to restore a policy that has lapsed due to non-payment of premiums. Typically, the policyholder must apply for reinstatement within a specified timeframe (e.g., three to five years from the date of lapse). They must also provide evidence of insurability satisfactory to the insurer, which may include a medical examination and updated health information. The policyholder must also pay all overdue premiums, plus interest, to bring the policy current. During the reinstatement process, the policyholder has the right to receive clear and accurate information from the insurer regarding the requirements for reinstatement and the terms of the reinstated policy. The insurer cannot discriminate against the policyholder based on factors unrelated to insurability. If the insurer denies reinstatement, it must provide a written explanation for the denial. The reinstated policy generally has the same terms and conditions as the original policy, although the contestability period may be reset.

Describe the requirements under New Mexico law for delivering policy illustrations for term life insurance policies. What specific information must be included in the illustration, and what disclaimers are required to ensure consumers understand the hypothetical nature of the projections?

New Mexico law mandates specific requirements for delivering policy illustrations for life insurance policies, including term life, when the term policy includes features like return of premium or the option to convert to a permanent policy. The purpose of these illustrations is to provide consumers with a clear and understandable representation of the policy’s potential performance. The illustration must include key information such as the policy’s death benefit, premium amounts and payment schedule, any guaranteed values, and projected non-guaranteed values (if applicable). It must also clearly disclose the underlying assumptions used to generate the projections, such as interest rates, mortality rates, and expense charges. Required disclaimers are crucial. The illustration must prominently state that the projected values are not guaranteed and that actual results may be more or less favorable. It should also explain that the illustration is not a contract and does not create any contractual rights. Furthermore, the illustration must include a statement that the policyholder should consult with a qualified financial advisor before making any decisions based on the illustration. These requirements aim to prevent consumers from being misled by overly optimistic projections and to ensure they understand the risks and uncertainties associated with the policy.

Explain the implications of the Uniform Simultaneous Death Act as it applies to term life insurance policies in New Mexico. How does this act affect the distribution of death benefits when the insured and the beneficiary die in a common accident, and what steps can be taken to avoid potential complications?

The Uniform Simultaneous Death Act (USDA), as adopted in New Mexico, addresses the distribution of assets, including life insurance death benefits, when two or more individuals die under circumstances where it is impossible to determine who died first. In the context of a term life insurance policy, if the insured and the primary beneficiary die in a common accident and there is insufficient evidence to determine who predeceased the other, the USDA presumes that the beneficiary died first. This presumption means that the death benefit will be paid as if the primary beneficiary had predeceased the insured. The death benefit would then be distributed according to the policy’s contingent beneficiary designation. If there is no contingent beneficiary, the death benefit would be paid to the insured’s estate. To avoid potential complications, policyholders should carefully consider and clearly designate both primary and contingent beneficiaries. They should also review and update their beneficiary designations regularly, especially after significant life events such as marriage, divorce, or the birth of a child. Additionally, including a “survival clause” in the policy, requiring the beneficiary to survive the insured by a specified period (e.g., 30 days), can provide further clarity and prevent unintended consequences in simultaneous death situations. Consulting with an estate planning attorney can also help ensure that the policyholder’s wishes are properly documented and executed.

Get InsureTutor Premium Access

Gain An Unfair Advantage

Prepare your insurance exam with the best study tool in the market

Support All Devices

Take all practice questions anytime, anywhere. InsureTutor support all mobile, laptop and eletronic devices.

Invest In The Best Tool

All practice questions and study notes are carefully crafted to help candidates like you to pass the insurance exam with ease.

Video Key Study Notes

Each insurance exam paper comes with over 3 hours of video key study notes. It’s a Q&A type of study material with voice-over, allowing you to study on the go while driving or during your commute.

Invest In The Best Tool

All practice questions and study notes are carefully crafted to help candidates like you to pass the insurance exam with ease.

Study Mindmap

Getting ready for an exam can feel overwhelming, especially when you’re unsure about the topics you might have overlooked. At InsureTutor, our innovative preparation tool includes mindmaps designed to highlight the subjects and concepts that require extra focus. Let us guide you in creating a personalized mindmap to ensure you’re fully equipped to excel on exam day.

 

Get InsureTutor Premium Access

Term Life Insurance Exam 15 Days

Last Updated: 21 April 25
15 Days Unlimited Access
USD5.3 Per Day Only

The practice questions are specific to each state.
1200 Practice Questions

Term Life Insurance Exam 30 Days

Last Updated: 21 April 25
30 Days Unlimited Access
USD3.3 Per Day Only

The practice questions are specific to each state.
1200 Practice Questions

Term Life Insurance Exam 60 Days

Last Updated: 21 April 25
60 Days Unlimited Access
USD2.0 Per Day Only

The practice questions are specific to each state.
1200 Practice Questions

Term Life Insurance Exam 180 Days

Last Updated: 21 April 25
180 Days Unlimited Access
USD0.8 Per Day Only

The practice questions are specific to each state.
1200 Practice Questions

Term Life Insurance Exam 365 Days

Last Updated: 21 April 25
365 Days Unlimited Access
USD0.4 Per Day Only

The practice questions are specific to each state.
1200 Practice Questions

Why Candidates Trust Us

Our past candidates loves us. Let’s see how they think about our service

Get The Dream Job You Deserve

Get all premium practice questions in one minute

smartmockups_m0nwq2li-1