如果保险公司倒闭了，我的保单怎么办？

自从美国的经济走向下坡，自从AIG被政府救了一把，就开始经常有人问我这个问题：如果保险公司倒闭了，我的保单怎么办？

一下转自California Life & Health Insurance Guarantee Association

What happens when my insurance company goes out of business? In most cases, a guarantee association will continue coverage as long as premiums are paid or cash value exists. It may do this directly, or, most often, it may transfer the policy to another insurance company. In any case, policyholders should continue making premium payments to keep their coverage in force.

How is policy coverage determined? Coverage is determined by California law and policy language at the time the guarantee association is activated to provide protection (when the member insurer is found to be insolvent and ordered liquidated by a court). In light of changes in the law and the dramatic variations in policy language, the association cannot make statements regarding coverage of a specific policy unless it is a policy with a company for which the association has been activated to provide protection.

What is the California Life & Health Insurance Guarantee Association? The California Life & Health Insurance Guarantee Association is an association of all insurance companies licensed to sell life insurance, health insurance, and annuities in California. Created by state law, it provides limited protection to policyholders when an insurance company licensed in California to sell life insurance, health insurance, and annuities becomes insolvent.

What protection do I have if my life or health insurance company becomes insolvent? The Guarantee Association provides LIMITED PROTECTION of your life, health, and annuity benefits if, at the time your insurance company becomes insolvent, you are a California resident policyholder, or if you are the beneficiary, assignee, or payee of such policyholder regardless of your residency.

What kinds of insurance policies does the Guarantee Association protect? Life insurance policies, health insurance policies, and annuity contracts are protected subject to certain conditions and limitations.

How is protection provided? Protection can be provided in several different ways. For example, the Guarantee Association may provide coverage directly. Or, a financially sound insurer may take over the insolvent company's assets and policies, and assume responsibility for continuing coverage and paying covered claims. In some situations, the Guarantee Association may work with other state guarantee associations to develop an overall plan to provide protection for the insolvent insurer's policyholders. The amount of protection provided, and when you receive it depend on the particular arrangement worked out for handling the insolvent insurer's obligations.

What kinds of plans, policies, and benefits are not protected by the Guarantee Association? Policies sold by insurers not licensed to do business in California; policies issued by medical, health, or dental care service corporations; managed care plans; self-insured employer plans; fraternal benefit society insurance certificates; policy benefits the insurer does not guarantee--for example, the non-guaranteed portion of a variable life insurance contract sold by prospectus, or benefits for which the individual has assumed the risk; guaranteed interest rate yields that exceed the rate specified by the California Life & Health Insurance Guarantee Association Act; most unallocated annuity contracts; and charitable gift annuities. Other less commonly known types of insurance policies, and certain types of benefits provided under insurance policies or annuities are also not protected. If you are unsure if your policy is protected you should contact your insurer.

Are covered life insurance and annuity policies fully protected? No. The maximum amount of protection for which the Guarantee Association may become liable for life insurance and annuity policies is as follows: Life insurance death benefit protection: 80% of the policy death benefit up to a maximum of $250,000; Life insurance net cash surrender and net cash withdrawal values: 80% of the policy value up to a maximum of $100,000; Present value of annuity benefits including net cash surrender and net cash withdrawal values: 80% of the present value up to a maximum of $100,000. Life insurance benefits including net cash surrender and net cash withdrawal values, and annuity benefits including net cash surrender and net cash withdrawal values are subject to interest rate adjustments. Generally, interest rate reductions are made when an insolvent insurer promised a rate of interest in excess of that provided for in the California Life & Health Insurance Guarantee Association Act. The maximum total amount the Guarantee Association will provide for any one individual for life insurance and annuity coverage is $250,000, even if that individual is covered by multiple life insurance policies and annuities.

I have a $250,000 life insurance policy. If I die after my insurance company becomes insolvent, what will my beneficiary receive? Your beneficiary will be entitled to receive protection from the Guarantee Association in an amount up to $200,000 (80% of $250,000).

The cash surrender value of my life insurance policy is $135,000. If my company becomes insolvent, how much will be protected? You will be entitled to receive protection from the Guarantee Association in an amount up to $100,000 (80% of $135,000 or $108,000, then reduced to the maximum benefit of $100,000). Interest rate adjustments could further reduce the amount you are entitled to recover.

If I bought three annuities each worth $100,000 from a company that becomes insolvent, how much is protected? Only $100,000--that is the maximum amount protected by the Guarantee Association for all annuities you purchased from a single insurer.

My spouse and I each have an annuity contract worth $75,000. Does the $100,000 limit apply to us jointly? No. The limit applies to you and your spouse separately. You and your spouse would have combined total protection of up to $120,000. Each spouse receives up to $60,000 (80% of $75,000). Interest rate adjustments could further reduce the amount you are entitled to recover.

Is my claim against the insolvent insurer affected by the Guarantee Association? Yes. If you receive benefits from the Guarantee Association, you are deemed to have assigned your rights under the covered policy to the Guarantee Association to the extent of benefits received. The Guarantee Association may require an assignment of such rights prior to providing benefits to any person. The law provides that the Guarantee Association is a creditor of the insolvent insurer to the extent of assets attributable to covered policies. Also, the Guarantee Association has the right of subrogation, and the other equitable and legal remedies available to the policyholder.

Does the Guarantee Association protect my Individual Retirement Annuity (IRA)? Yes. Assuming all other conditions are met, it is protected up to the limit set for an annuity.

Are covered health insurance policies fully protected? No. The health insurance protection for which the Guarantee Association may become liable shall be the contractual obligations for which the insurer is liable or would have been liable if it were not an insolvent insurer, up to a maximum benefit of approximately $200,000. This maximum limit is subject to increase or decrease based upon changes in the health care cost component of the consumer price index. Again, some health insurance, like that provided by managed care organizations and associations, is not protected by the Guarantee Association.

I have life and health insurance coverage through my employer. Am I protected? If your employer bought a group life or health insurance policy covering you from an insurer licensed in this state, then you are protected up to the limits described above. If you belong to a "self-insured" health plan--meaning your employer, not an insurer, provides the coverage through what is called an "ERISA plan," or a self-insured plan, you are not protected by the Guarantee Association.

How will I know if my life or health insurance company has become insolvent? You will receive official notification from the Department of Insurance of the insurer's state of domicile if the Insurance Commissioner or a court declares your insurance company to be insolvent.

How long will I have to wait to receive the protection provided by the Guarantee Association? The Guarantee Association will endeavor to provide protection as promptly as possible. Delays are sometimes necessary to sort out the affairs of the insolvent insurer. As a result, you may have to wait several months before receiving the protections provided by law.

Where does the Guarantee Association get the money to provide this protection? No tax dollars are used to provide this protection. The law authorizes the Guarantee Association to assess all life and health insurance companies licensed to do business in California for the funds necessary to provide the protection.

Does it matter where I live? The Guarantee Association limits protection to policy owners who are residents of California at the time the insurance company becomes insolvent. However, it does not matter where the payees or beneficiaries live.

What if I move to another state after buying insurance? Generally speaking, the Guarantee Association of the state in which the policy owner lives at the time the company becomes insolvent provides protection. Although all 50 states plus the District of Columbia and Puerto Rico have Guarantee Associations, the amount of protection may vary. If you move to another state, you should contact the Department of Insurance or Guarantee Association in that state for more information.

I am a resident of California and I have a policy issued by an insurance company that is not licensed in California. Will I receive protection if this insurance company becomes insolvent? The Guarantee Association only protects policies issued by an insurance company licensed to do business in California. You may, however, be entitled to receive protection from the Guarantee Association located in the insolvent company's home state. You should contact the Department of Insurance or Guarantee Association in that state for more information.

How can I find out if my company is licensed in California? Call the Department of Insurance at 1-800-927-HELP begin_of_the_skype_highlighting 1-800-927-HELP end_of_the_skype_highlighting, or 213-897-8921 begin_of_the_skype_highlighting 213-897-8921 end_of_the_skype_highlighting from the Los Angeles area. The Department maintains records of all insurance companies licensed to do business in the state.

Why hasn't my agent or company told me more about the Guarantee Association? Insurers and agents are prohibited by state law from using the existence of the Guarantee Association to sell, solicit or induce the purchase of any form of insurance. This is because the protection is limited, and in some cases there is no protection at all. The existence of the Guarantee Association, therefore, is not and should not be a substitute for your prudent selection of an insurance company that is well managed and financially stable.

How can I get more information about the Guarantee Association? The purpose of this website is to help you understand the general nature and conditions of life, health, and annuity policy protection provided by the Guarantee Association. It is only a summary, however, and if you have any questions that are not answered here, you may contact the Guarantee Association or the Department of Insurance: California Life & Health Insurance Guarantee Association, PO Box 16860, Beverly Hills, CA 90209-3319; California Department of Insurance, Consumer Communications Bureau, 300 South Spring Street, South Tower, Los Angeles, CA 90013. The intent of this website is to explain briefly, in non-technical language, how the Guarantee Association provides protection to policyholders in the event their insurance company becomes insolvent. This website does not attempt to describe every aspect of Guarantee Association coverage, and some exceptions and limitations may not be described. For a definitive statement of the laws governing the Guarantee Association, you must refer to the California Life & Health Insurance Guarantee Association Act. The Act can be found in California Insurance Code section 1067 et. seq. If there is any inconsistency between this website and any applicable law, then such law will control.