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Insurable Interest and STOLI Case Questions

Updated 13 min read
Key takeaway

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
  1. Question 1: family relationship at issuance
  2. Question 2: stranger funds premium under a prearranged deal
  3. Question 3: later transfer after legitimate issuance
  4. Question 4: employer insures a key employee
  5. Question 5: creditor relationship
  6. Question 6: beneficiary change after policy issue
  7. Question 7: contestability period and investor transfer
  8. Question 8: insured applies but investor controls the plan
  9. Question 9: family member is owner and beneficiary
  10. Question 10: signs of a wagering arrangement
  11. How to solve insurable-interest cases
  12. Analyze insurable interest at the correct time
  13. Distinguish a transfer from a prearranged scheme
  14. Work through the parties and timeline
  15. 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

Recognize a conventional insurable relationship

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?

  1. This is a conventional family-interest situation, subject to applicable law and policy requirements.
  2. The spouse can never receive life insurance proceeds without proving a debt.
  3. The policy is STOLI because a beneficiary is a different person from the insured.
  4. The policy is automatically void if the beneficiary is revocable.
Answer: A. A is the best answer. A spouse commonly has a recognized relationship that supports a legitimate life-insurance purpose, while the insured’s own policy can name a beneficiary subject to applicable law and contract terms. B imposes a debt requirement not supplied by the facts. C mislabels ordinary beneficiary designation as STOLI; the investor scheme and lack of interest at procurement are absent. D confuses revocability with validity. Exam questions require the stated facts, not suspicion based solely on a third-party beneficiary.

Question 2: stranger funds premium under a prearranged deal

Spot the procurement purpose

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?

  1. A potential STOLI arrangement because the policy may have been procured from inception for an investor lacking insurable interest.
  2. An ordinary policy loan because premiums were paid by someone else.
  3. A harmless beneficiary change because ownership transfers are always allowed immediately.
  4. No issue because the applicant signed the form.
Answer: A. A identifies the substance and timing: a pre-issuance agreement appears to use the insured as a conduit to create investor-owned coverage without a recognized interest. B confuses premium funding with borrowing against cash value. C treats a later transfer as universally permissible and ignores a prearranged procurement plan. D assumes a signature resolves statutory public-policy and disclosure questions. Review the full arrangement, source of premiums, representations, and transaction sequence; a real conclusion requires legal analysis under current law.

Question 3: later transfer after legitimate issuance

Separate a later assignment from STOLI at inception

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?

  1. A later sale is automatically STOLI because every policy transfer is prohibited.
  2. The later transfer must be analyzed under applicable settlement and transfer rules; it is not automatically the same as prearranged STOLI procurement.
  3. The original insurable interest disappears and retroactively invalidates every policy.
  4. A transfer is tax-free and valid regardless of notice or licensing rules.
Answer: B. B keeps the legal questions distinct. A policy can be legitimately procured and later become the subject of a regulated life settlement. Texas regulates settlement providers and transactions; transfer eligibility, disclosures, contestability, and taxes still need review. A collapses later sale into inception-time STOLI. C assumes an original interest must persist forever without checking the governing statute. D guarantees validity and tax treatment without facts. The ledger topic asks about timing and arrangement, so distinguish original purpose from subsequent transfer.

Question 4: employer insures a key employee

Identify a business-related interest

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?

  1. Whether the corporation’s relationship and any applicable consent or notice requirements support the coverage.
  2. Whether a corporation is categorically forbidden from owning life insurance.
  3. Whether the executive’s spouse must be the sole beneficiary in all cases.
  4. Whether the policy is automatically a settlement contract.
Answer: A. A is correct because employer-owned life insurance can be legitimate but has specific insurable-interest, consent, notice, and tax requirements. B is too broad; business entities may own coverage in appropriate circumstances. C invents a universal spouse-beneficiary rule. D confuses policy ownership with a life settlement transaction. A producer should document the business purpose and follow applicable federal and state requirements, including any employer-owned life insurance rules that apply, rather than relying only on the employee’s signature.

Question 5: creditor relationship

Connect coverage to a real debt

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?

  1. The creditor has a financial interest in repayment and the coverage tracks the debt.
  2. The lender expects to profit from any death, regardless of loan balance.
  3. A stranger purchased the policy before the loan existed.
  4. The borrower’s consent eliminates the need to examine the creditor relationship.
Answer: A. A ties the creditor’s potential loss to an existing financial obligation, and declining coverage tracks the decreasing exposure. B states a windfall detached from the debt. C suggests coverage was procured before the asserted interest arose and needs scrutiny. D overstates consent; consent is important but does not alone establish a recognized interest or cure all legal defects. Under the applicable statute and common law, examine the true relationship, amount, timing, ownership, and beneficiary rights.

Question 6: beneficiary change after policy issue

Distinguish beneficiary designation from initial procurement

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?

  1. The beneficiary change alone does not establish a STOLI scheme; verify the owner’s contractual right and applicable Texas rules.
  2. Any charitable beneficiary is presumed to lack insurable interest, so the policy is void.
  3. A later change proves that the original application was fraudulent.
  4. A beneficiary can change only if the insurer becomes owner.
Answer: A. A focuses on the relevant distinctions. The insured’s policy and later beneficiary change are not, by themselves, evidence that an investor caused the policy to be procured for speculation. Texas law and policy provisions determine rights after designation, including statutory rules for certain beneficiaries or transfers. B is an unsupported categorical statement. C infers fraud without evidence. D confuses beneficiary with owner. Review whether the beneficiary is revocable and whether another person’s consent is required.

Question 7: contestability period and investor transfer

Do not treat timing as a universal safe harbor

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?

  1. The statement is too broad; a waiting period does not automatically cure every procurement, misrepresentation, statutory, or contract issue.
  2. Correct; after two years every transfer is guaranteed valid and tax-free.
  3. Correct only if the investor paid all premiums.
  4. Incorrect because life policies can never be assigned.
Answer: A. A is the cautious and accurate response. Contestability periods and transfer restrictions are not universal safe harbors that legalize an arrangement formed to evade insurable-interest requirements. Misrepresentation, state settlement law, policy terms, and tax consequences can remain relevant. B promises far more than a waiting period provides. C treats investor funding as a cure. D is also too absolute because policy assignments and settlements may be allowed under law. Read Texas statutory text and facts.

Question 8: insured applies but investor controls the plan

Analyze who arranged and benefits from procurement

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?

  1. Whether the policy was arranged at inception for the investor’s benefit despite the applicant’s signature.
  2. Whether the applicant used blue or black ink.
  3. Whether the beneficiary has a different mailing address.
  4. Whether the insurer sells any other products.
Answer: A. A gets to the substance: who initiated the transaction, who bears premium cost, what representations were made, and whether a prearranged transfer means the investor is the real intended beneficiary. A signature is evidence but does not necessarily resolve the economic arrangement. B and C are irrelevant without more facts. D says nothing about insurable interest. A producer should escalate suspicious funding or sale plans to the insurer’s compliance unit and avoid helping conceal the arrangement.

Question 9: family member is owner and beneficiary

Review owner, insured, and beneficiary roles individually

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?

  1. Check the Texas insurable-interest relationship, insured’s consent, ownership, and policy amount under governing law.
  2. Assume the arrangement is STOLI because the applicant and insured differ.
  3. Assume any parent can buy unlimited coverage on any adult child without review.
  4. Ignore the child’s consent because family members never need to sign.
Answer: A. A identifies the roles and facts that must be reviewed. A parent-child relationship may support an insurable interest, but the exact statutory and common-law requirements, amount, consent, and insurer underwriting remain relevant. B is too broad; third-party ownership is not automatically STOLI. C invents unlimited coverage. D disregards consent and application requirements. On an exam, determine whether a recognized relationship exists and whether the insured has provided required consent; do not infer legality from one fact alone.

Question 10: signs of a wagering arrangement

Weigh multiple STOLI indicators together

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?

  1. Potential STOLI indicators that require compliance and legal review of the entire transaction.
  2. Ordinary policy delivery because the application was signed.
  3. A guaranteed-insurability exercise because ownership changes.
  4. A normal beneficiary update with no need to review funding.
Answer: A. A appropriately recognizes a combination of pre-issuance funding, a prearranged sale, and lack of the investor’s insurable relationship. No single fact always decides a case, but together they are serious indicators of an arrangement to procure coverage for a stranger. B treats signature as conclusive. C confuses a rider option. D ignores the economic plan and ownership transfer. The producer should stop informal assurances, preserve documents, and follow insurer compliance procedures.

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.