Life Insurance

Know Your Rights

You Can Miss a Payment Without Losing Coverage

Most policies have a 31-day grace period after your premium’s due date. You can make a late payment without being charged interest and still be covered. If you die during the grace period, your beneficiary gets the death benefit minus the past due premium.

You Can Reinstate a Lapsed Policy

If you don’t pay your premium, your policy may lapse. To reinstate a lapsed policy, you may have to pay past due premium with interest. If you had a loan against your cash value when the policy lapsed, you may have to pay any unpaid interest and reinstate the loan. Most companies will reinstate a policy within a five-year period, but you may have to answer more health questions or take another medical exam

You Can Sell Your Insurance Policy

A life insurance policy is personal property. You can convert your life insurance policy to cash or use some of the money that would have paid the death benefit. You can sell it just as you would your other property, but there are special rules. For more information go to the Life Settlements section of the Texas Department of Insurance’s Understanding Life Insurance page or talk to your agent, company, attorney, or financial advisor.

Insurance Companies Can’t Contest Paying Your Claim After 2 Years

Life insurance policies have a 2-year contestable period. This means if you die within this period, the company may investigate the cause of death and review your application. If you die after 2 years of buying the policy, the company must pay the death benefit. They can’t deny the payment unless you don’t pay your premium, made a false statement, or withheld information.

Insurance Companies Must Pay Claims Promptly

Insurance companies must pay the beneficiary within 2 months of receiving proof of death and verifying the beneficiary. For an individual life policy, the company must also pay interest on a death benefit from the time the company receives the proof of loss statement to the time the company accepts the claim and offers to pay the death benefit.

You Can Get Your Premiums Refunded

You can have the premiums that you paid for life insurance refunded to you if you decide to cancel your policy, or if the company denies paying your death benefit.

  • A life insurance company must refund your money if you change your mind and decide to cancel the policy within the “free-look period.” A free-look period gives you more time to look over your policy and decide if it is right for you. Most companies provide a free look for at least 10 to 20 days after buying the policy.
  • If you paid premiums in advance and then cancel a policy, the life insurance company must refund the amount of pre-paid premium that was not applied to your coverage because it is “unearned premium.”
  • The company will not refund your premiums if you outlive a term policy unless you bought a “return of premium” policy or rider.
  • Your life insurance company must refund your premiums if it denies paying your claim during the two-year period when it can investigate the cause of death.
  • The life insurance company will refund the premiums if it doesn’t pay the death benefit because of suicide.