- 8 - by petitioner’s beneficiary. A representative of the Idaho Department of Insurance and a representative of Royal testified that, short of misrepresentation or wrongdoing by petitioner, there was no reason why Royal could avoid payment of a claim. Additionally, the rebating by the agent, although illegal under State law, did not provide the insurance company with a defense to a claim on the policy. There is no evidence of wrongdoing or any misrepresentation by petitioner. If there had been some wrongdoing and/or misrepresentation by petitioner regarding the policy, Royal may have had a defense to payment on the policy. The only wrongdoing was a rebating of the premium to petitioner by Schwab. Under Idaho's insurance statutes, unauthorized rebating by an insurance agent is illegal. See Idaho Code sec. 41-1314 (1991). In this case, rebating also violated the terms of the agreement and contractual relationship between the insurer and the agent, but has no direct effect on the insured. Royal might have had recourse to recover the rebated portion of the premium (in this case the entire first year premium) from Schwab, but that does not change the fact that petitioner had the benefit of 1 year's universal life insurance coverage, along with an option to renew. As discussed in Wentz v. Commissioner, supra, even if petitioner had become uninsurable during the year, he could havePage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011