Texas Life Insurance Replacement Practice Questions
Texas replacement questions ask whether a new life policy will cause an existing policy to lapse, surrender, lose value, or fund the new premium.
- If an applicant has existing coverage, the agent must give the required notice by the time of application, document it, and provide the required sales material.
- These scenarios focus on the facts that trigger those duties.
On this page7 sections
- Question 1: a new policy will surrender the old one
- Question 2: borrowing from the old policy to pay new premiums
- Question 3: the applicant says there are no existing policies
- Question 4: replacement notice and copies of sales material
- What counts as replacement?
- Separate the agent’s duties from the insurer’s duties
- How to answer a replacement question quickly
A replacement question is not simply asking whether a customer buys a new policy. It asks what the new transaction does to an existing life policy or annuity and what information must be exchanged before the customer proceeds. Texas Insurance Code Chapter 1114 covers certain life-insurance and annuity replacements and financed purchases. It does not apply to every transaction; the statute contains exclusions, so read the product and facts in the stem.
The Texas Life Agent outline includes replacement and cites Chapter 1114. The following original questions practice the agent’s notice duties and related definitions. They are not actual Pearson questions. For each item, identify the existing contract, the transaction’s effect, the person with the duty, and the timing.
Question 1: a new policy will surrender the old one
An agent proposes a new individual life policy. The applicant says an existing whole life policy will be surrendered to help fund the new premiums. The agent takes the new application. What must the agent do under Texas Insurance Code §1114.051?
- Nothing; replacement rules apply only after the new policy is delivered.
- Submit the signed existing-policy statement and present and read the approved replacement notice no later than when taking the application.
- Tell the applicant to surrender the old policy immediately so the new application is complete.
- Send the notice only to the existing insurer after the first premium is paid.
The timing phrase is a common trap: no later than when taking the application. The notice is not a post-issue formality. It is designed to give the purchaser information while deciding whether to proceed. The agent and applicant sign it, with the signature attesting that the notice was read aloud or the applicant chose not to have it read aloud. An electronic signature changes how the insurer delivers the copy: the statute requires a mailed copy by the third business day after the insurer receives the application.
Question 2: borrowing from the old policy to pay new premiums
An applicant keeps an existing life policy in force but borrows against its cash value to pay the first premiums on a new policy. The agent argues that no replacement occurred because the old policy was not surrendered or canceled. Which answer is best?
- The transaction can still be a replacement because using an existing policy’s value to pay the new premium is a financed purchase.
- It cannot be a replacement unless the old contract is surrendered in full.
- It is a replacement only if the new insurer is the same company that issued the old policy.
- It is not a replacement because the applicant borrowed money rather than withdrew cash.
This distinction matters because the customer may still see the old policy as “kept.” A loan can nevertheless reduce cash value, increase outstanding debt, affect the death benefit or future performance, and make the old policy harder to maintain. The statute’s consumer-protection purpose includes informing purchasers about replacement consequences and reducing misrepresentation or incomplete disclosure. A new contract’s illustration does not make the old policy’s costs disappear.
Question 3: the applicant says there are no existing policies
An agent asks whether the applicant has any existing life policies or annuity contracts. The applicant answers no. The agent submits the signed statement with the application. What does §1114.051 say about the agent’s replacement duties based on that answer?
- The agent must still prepare a replacement notice listing imaginary contracts.
- After complying with the signed-statement requirement, the agent’s replacement duties are complete if the applicant reports no existing policies or contracts.
- The agent must obtain written confirmation from every insurer in Texas that no policy exists.
- The agent must wait 30 days before submitting the application.
The signed statement is important even when the answer is “no.” It records whether the applicant has existing policies, rather than leaving the insurer to infer that no replacement is intended. If the answer is “yes,” the next step is not automatically to stop the sale; it is to identify the affected policies, provide the required notice, and follow the rest of the applicable requirements.
Question 4: replacement notice and copies of sales material
The applicant has an existing policy that will be reduced in value to help fund the proposed policy. The agent presents the approved notice and uses a personalized illustration. Which additional statement about the agent’s duties is best?
- The agent keeps the illustration and may discard it after the application is issued.
- The agent leaves the applicant the original or a copy of sales material at application and submits required documents and individualized sales material to the insurer.
- The agent gives the applicant only a verbal summary because the notice contains the same information.
- The agent may alter the approved replacement notice to remove terms the customer does not understand.
What counts as replacement?
Under Chapter 1114, the core definition asks whether a new policy or contract is being purchased and the proposing agent or insurer knows, or should know, that an existing policy or contract will be affected by the transaction. Examples include lapsing, forfeiting, surrendering, partially surrendering, assigning to a replacing insurer, or otherwise terminating the existing coverage. It also includes using policy values in a financed purchase.
- An existing policy can be replaced even if it is not formally canceled; a reduction in benefits or coverage term by using policy values can count.
- A financed purchase includes funds from surrendering, withdrawing, or borrowing against existing policy values to pay premiums due on the new contract.
- Chapter 1114 defines an existing policy or contract to include an individual life policy or annuity in force, including certain policies within an unconditional refund period.
- The law has listed exceptions, including credit life and some group coverage, contractual changes or conversions handled with the issuing insurer, certain employer-funded coverage, and other specifically named transaction types. Do not assume every exchange is covered or exempt without matching the facts to §1114.004.
For a test item, do not use a casual definition such as “any time somebody buys a new policy.” Instead, look for the connection between the new sale and the existing contract. Is the old policy surrendered, reduced, used as collateral, or supplying money for the new premiums? Does the law’s definition or an explicit exemption fit? The phrase “known or should be known” prevents an agent from avoiding the analysis by ignoring obvious facts.
Separate the agent’s duties from the insurer’s duties
The agent handles the application statement, timely replacement notice, copies of sales materials, and documents that accompany the application. The insurer has separate supervision, review, and monitoring duties. An insurer must have systems to train agents, communicate its position on acceptable replacements, review certain transactions, confirm compliance, detect unreported replacements, and retain required records.
The replacing insurer also checks whether required forms were received and are complete. When a replacement is involved, it must notify an affected existing insurer no later than the fifth business day after receiving a completed application indicating replacement or after identifying an unreported replacement. This fifth-business-day duty belongs to the replacing insurer, not the agent’s deadline for giving the customer the notice.
At delivery, the replacing insurer must give the owner notice of a right to return the replacement contract within 30 days for the stated refund treatment. This is another common distractor: the applicant’s replacement notice is due by application time, while the return notice applies after delivery. They protect the consumer at different stages and have different actors.
| Event or duty | Who is responsible? | Timing clue |
|---|---|---|
| Signed statement on existing policies | Agent and applicant; insurer requires it with application | With or as part of application |
| Replacement notice if existing coverage is reported | Agent presents and reads; agent and applicant sign | No later than taking the application |
| Copies of sales materials | Agent leaves copies with applicant and submits required items to insurer | At application; electronic material by delivery |
| Notify affected existing insurer | Replacing insurer | Within five business days after the specified receipt or identification date |
| Right-to-return notice | Replacing insurer | At delivery; 30-day return right under the statute |
How to answer a replacement question quickly
- Underline what happens to the existing policy: lapse, surrender, reduced paid-up, loan, withdrawal, reduced value, or no change.
- Ask whether the existing value funds any premium on the new policy. Borrowed value counts in a financed purchase.
- Check the scope and any stated exemption under Chapter 1114; do not assume that a change or conversion is always covered.
- Identify the actor. Agent, replacing insurer, and existing insurer have different duties.
- Attach the deadline to the correct duty: application-time notice, five-business-day insurer notification, delivery-stage return notice.
- Choose the answer that matches only the facts and duty in the stem. Do not add extra steps or relax a required one.
The outline puts replacement among Texas life statutes, so expect questions to test the statutory duty rather than just the consumer concept. When a choice sounds plausible, ask whether it names the right actor and deadline. A correct rule attached to the wrong actor is still wrong.
Common questions
When must a Texas life agent give the replacement notice?
If the applicant reports an existing policy or contract, the agent must present and read the approved notice no later than the time the application is taken. The applicant and agent sign it as required.
Is borrowing from an old life policy to pay a new premium a replacement?
It can be. Chapter 1114 defines a financed purchase to include using money borrowed from existing policy values to pay all or part of a premium on a new policy.
Who notifies the existing insurer about a replacement?
The replacing insurer has the statutory duty to notify an affected existing insurer within the specified fifth-business-day period. The agent has separate application, notice, and document duties. The agent’s duties at application are separate and may include giving notice to the applicant and obtaining required signatures.
Does every new life policy purchase count as replacement?
No. The transaction must fit Chapter 1114’s definition, and §1114.004 lists exclusions. Check how the new sale affects existing coverage and whether a statutory exception applies. Examples include a lapse, surrender, reduction in benefits, assignment, or using existing policy values to finance the new purchase.