Insurable Interest and STOLI Case Questions
Insurable interest rules help distinguish legitimate life coverage from wagering arrangements.
- Texas law governs who may own or benefit from a policy and when an interest must exist; it also addresses certain transfers.
- STOLI describes arrangements designed from inception to procure coverage for investors lacking an insurable interest.
- These original scenarios are study material, not legal advice or Pearson exam items.
On this page15 sections
- Question 1: family relationship at issuance
- Question 2: stranger funds premium under a prearranged deal
- Question 3: later transfer after legitimate issuance
- Question 4: employer insures a key employee
- Question 5: creditor relationship
- Question 6: beneficiary change after policy issue
- Question 7: contestability period and investor transfer
- Question 8: insured applies but investor controls the plan
- Question 9: family member is owner and beneficiary
- Question 10: signs of a wagering arrangement
- How to solve insurable-interest cases
- Analyze insurable interest at the correct time
- Distinguish a transfer from a prearranged scheme
- Work through the parties and timeline
- Avoid overstating the consequence
Texas Insurance Code Chapter 1103 addresses life-policy beneficiaries, owners, transferees, assignees, and insurable interest. Apply the statutory text to the facts rather than relying on a slogan. The timing of the interest, the policy’s procurement, the insured’s consent, and any prearranged transfer can matter. A later transfer permitted by law is not automatically a STOLI arrangement, and an investor’s involvement does not by itself resolve every legal issue. These original cases focus on exam distinctions; real disputes require current legal advice and full transaction documents.
- Core purpose
- Prevent wagering on another person’s life and align coverage with a recognized interest
- Texas law
- Insurance Code Chapter 1103 governs specified life-policy beneficiary and ownership questions
- STOLI clue
- Pre-issuance plan to procure coverage for a stranger or investor without insurable interest
- Timing
- Determine when interest must exist under the statute and transaction facts
- Transfer
- A later assignment is not automatically identical to initial procurement
- Consent
- Insured’s application and consent do not by themselves cure every prohibited arrangement
- Practice status
- Scenarios are original, not actual Pearson items
Question 1: family relationship at issuance
A person applies for coverage on their own life and names a spouse as beneficiary. The application accurately describes the relationship, and there is no investor agreement or prearranged sale. Which conclusion best fits the basic exam principle?
- This is a conventional family-interest situation, subject to applicable law and policy requirements.
- The spouse can never receive life insurance proceeds without proving a debt.
- The policy is STOLI because a beneficiary is a different person from the insured.
- The policy is automatically void if the beneficiary is revocable.
Question 2: stranger funds premium under a prearranged deal
Before an older applicant signs a life application, an investor agrees to fund premiums, reimburse an intermediary, and receive policy ownership after a short period. The investor has no family, business, or creditor relationship to the insured. What is the strongest concern?
- A potential STOLI arrangement because the policy may have been procured from inception for an investor lacking insurable interest.
- An ordinary policy loan because premiums were paid by someone else.
- A harmless beneficiary change because ownership transfers are always allowed immediately.
- No issue because the applicant signed the form.
Question 3: later transfer after legitimate issuance
A business owner purchases a policy for a legitimate succession plan and retains it for years. After the business relationship ends, the owner considers selling the policy to a settlement provider, with no investor agreement when the policy was issued. Which statement is most accurate?
- A later sale is automatically STOLI because every policy transfer is prohibited.
- The later transfer must be analyzed under applicable settlement and transfer rules; it is not automatically the same as prearranged STOLI procurement.
- The original insurable interest disappears and retroactively invalidates every policy.
- A transfer is tax-free and valid regardless of notice or licensing rules.
Question 4: employer insures a key employee
A corporation applies for life coverage on a key executive whose departure would cause documented financial loss. The executive is informed and consents, and the corporation is owner and beneficiary. What issue should be reviewed?
- Whether the corporation’s relationship and any applicable consent or notice requirements support the coverage.
- Whether a corporation is categorically forbidden from owning life insurance.
- Whether the executive’s spouse must be the sole beneficiary in all cases.
- Whether the policy is automatically a settlement contract.
Question 5: creditor relationship
A lender makes a documented loan to a borrower and requests life coverage tied to the unpaid balance. The policy amount is limited to the debt and declines as the loan is repaid. Which fact most strongly supports an insurable-interest purpose?
- The creditor has a financial interest in repayment and the coverage tracks the debt.
- The lender expects to profit from any death, regardless of loan balance.
- A stranger purchased the policy before the loan existed.
- The borrower’s consent eliminates the need to examine the creditor relationship.
Question 6: beneficiary change after policy issue
The insured purchases a policy on their own life and names a relative. Years later, the insured changes a revocable beneficiary to a charity. No investor funded premiums or arranged a transfer. What is the best answer?
- The beneficiary change alone does not establish a STOLI scheme; verify the owner’s contractual right and applicable Texas rules.
- Any charitable beneficiary is presumed to lack insurable interest, so the policy is void.
- A later change proves that the original application was fraudulent.
- A beneficiary can change only if the insurer becomes owner.
Question 7: contestability period and investor transfer
An investor says a policy can be transferred after two years, so any arrangement is unquestionably lawful regardless of the original application and funding agreement. Which response is most accurate?
- The statement is too broad; a waiting period does not automatically cure every procurement, misrepresentation, statutory, or contract issue.
- Correct; after two years every transfer is guaranteed valid and tax-free.
- Correct only if the investor paid all premiums.
- Incorrect because life policies can never be assigned.
Question 8: insured applies but investor controls the plan
An applicant signs an application, but an outside investor selected the amount, pays premiums through an intermediary, and has a contract to obtain the policy shortly after issue. Which fact is most important to investigate?
- Whether the policy was arranged at inception for the investor’s benefit despite the applicant’s signature.
- Whether the applicant used blue or black ink.
- Whether the beneficiary has a different mailing address.
- Whether the insurer sells any other products.
Question 9: family member is owner and beneficiary
A parent applies for a policy on an adult child’s life, owns it, and names themselves as beneficiary. The child signs the application and consent. What is the best analytical step?
- Check the Texas insurable-interest relationship, insured’s consent, ownership, and policy amount under governing law.
- Assume the arrangement is STOLI because the applicant and insured differ.
- Assume any parent can buy unlimited coverage on any adult child without review.
- Ignore the child’s consent because family members never need to sign.
Question 10: signs of a wagering arrangement
An application lists an older insured as policy owner. An investor pays the initial premium, promises a purchase price before issue, and is designated to take ownership soon after policy delivery. The investor has no relationship to the insured. Which description best fits?
- Potential STOLI indicators that require compliance and legal review of the entire transaction.
- Ordinary policy delivery because the application was signed.
- A guaranteed-insurability exercise because ownership changes.
- A normal beneficiary update with no need to review funding.
How to solve insurable-interest cases
Separate the insured, applicant, owner, premium payer, beneficiary, and any future transferee. Then place each action on a timeline: before application, at issue, during contestability, and after an ordinary policy has been in force. Ask what financial or family relationship existed when coverage was procured, what the insured consented to, and whether an investor deal preceded issuance. The sequence often matters more than the label on a transfer form.
These scenarios are original study items based on Pearson’s Texas Life Agent outline and Texas Insurance Code Chapter 1103. They are not actual Pearson questions. Texas rules have statutory details and exceptions; general exam principles should not be used to decide a contested policy claim without current legal review. A real file may require underwriting records, funding agreements, application disclosures, trust documents, assignments, and settlement notices.
If a transaction appears to involve an investor with no insurable interest, an agent should not promise that waiting a period or changing the beneficiary will make it valid. Refer the matter to the insurer’s compliance counsel. Where a legitimate policy is later sold, follow Texas life-settlement rules and disclosures; do not confuse that transaction with an arrangement conceived before policy issuance.
Analyze insurable interest at the correct time
For life insurance, separate the person who owns the policy, the person whose life is insured, the beneficiary, and the premium payer. Then ask when the interest must exist under the applicable law. The commonly tested issue is whether the required insurable interest existed when the policy was procured; a later change in the relationship does not automatically answer that original question. A spouse’s later divorce, for example, is different from strangers arranging a policy from inception with the plan to sell it to an investor. Apply the state rule and contract facts actually provided.
Distinguish a transfer from a prearranged scheme
A genuine owner may later assign a policy for value, subject to law and contract, whereas a stranger may not evade the procurement rules by disguising an investor-funded transaction as an ordinary application. STOLI analysis looks at substance: who solicited the insured, who funded premiums, what representations were made, whether the insured had a real insurance purpose, and whether an early transfer was arranged before issue. No single fact always resolves the case. A transfer after a legitimate policy has been maintained for years may differ substantially from a financing plan whose end point was an investor-owned policy from day one.
Work through the parties and timeline
Draw a timeline: application, policy issue, premium funding, any collateral arrangement, and later sale or assignment. Beside each date, list owner, insured, beneficiary, and source of funds. If a lender provides a short-term premium loan with genuine repayment risk, that is not automatically the same as a no-risk investor arrangement, but the details matter. If the insured has no continuing rights and the original buyer never intended to keep coverage, those facts can point toward a prohibited scheme. For an exam, do not decide from the word “loan” or “settlement” alone; follow control, risk, intent, and timing.
Avoid overstating the consequence
A questionable procurement or transfer can create serious contest, rescission, or enforceability questions, but the outcome depends on governing law and facts. Do not answer that every policy sold to an investor is void, or that every later policy sale is valid. Check the statutory definition, any exception, required disclosure, and applicable time periods. The Texas code and regulator sources are the primary authorities for Texas exam preparation; a real dispute may involve choice-of-law, fraud, consent, and beneficiary issues that need counsel. The exam distinction is to spot a scheme at inception without turning every lawful assignment into STOLI.
Common questions
Is every policy owned by someone other than the insured STOLI?
No. Third-party ownership can be legitimate when the relationship, purpose, consent, and applicable legal requirements are satisfied. STOLI concerns arrangements designed to procure coverage for investors without insurable interest, often involving a prearranged transfer.
Does an insured’s signature make an investor-funded policy valid?
Not automatically. Consent is important, but investigators may also examine who arranged the coverage, who paid premiums, what was disclosed, and whether a transfer was planned before issuance. Texas law and full facts control.
Is a later life settlement the same as STOLI?
Not necessarily. A policy legitimately issued for an insurable purpose may later be sold through a regulated settlement process. A prearranged investor deal at procurement raises a different concern. Review timing and governing law.
Are these actual Pearson questions?
No. They are original Texas Life Agent study scenarios based on the official outline and Chapter 1103. They are not recalled exam items and are not legal advice for an actual policy dispute.