2023 State Insurance Statutes, Rules, and Regulations

Réussis tes devoirs et examens dès maintenant avec Quizwiz!

If an insurer meets the state's financial requirements and is approved to transact business in the state, it is considered what type of insurer?

Authorized or admitted insurer

Authorized or admitted

If an insurer holds a Certificate of Authority, it is known as what type of insurer?

Cease and desist order

If the Commissioner/Superintendent finds a licensee engaging in an unfair method of competition or an unfair practice, what order will be issued? 31 days.

false or fraudulent statements

Knowingly making false oral or written statements pertaining to any aspects of insurance or insurers

lines of authority

Life Accident and health or sickness

The Oklahoma Automobile Insurance Plan (OAIP)

Provides auto insurance to eligible private passenger and commercial risks who are unable to obtain coverage in the voluntary market.

Reporting of Actions to DOI

Report administrative actions taken against a producer within 30 days Provide required documentation if charged with criminal conduct

Transacting Insurance

The solicitation, inducement and preliminary negotiations affecting a contract of insurance, and the subsequent business pertaining to carrying out the terms of the contract.

If a surplus lines broker wants to transact insurance in Oklahoma

They must be licensed in that line of authority in accordance with OK laws

What is the purpose of a cease and desist order?

To prevent a producer or insurer from further violating laws for transacting insurance. 31 days.

To an insurer authorized to transact business in this state.

To whom may a certificate of authority be issued?

Discrimination

Two individuals who are in the same risk and age class are charged different rates for their insurance policies due to an insignificant factor. What is this called? Race, sing/married, disabled, gender, etc

What are the CE requirements to maintain a license?

Usually 24 hours of CE per 2 two year licensing period but varies by state.

25,000/50,000

What are the minimum required limits of liability for bodily injuries for UIM coverage in oklahoma?

A cease and desist order, a fine, and license suspension or revocation

What are the most common penalties for violations of insurance statutes?

Certificate of Authority

What document is required for an insurance company to transact insurance?

Foreign

What type of insurer is formed under the laws of another state?

The Agent

What type of licensee represents the insurance company?

When the aggregate amount of commissions from controlled business is under 25%

When is controlled business legal?

When it is intentional and material

When would a misrepresentation on an insurance application be considered fraud?

When can the Commissioner or Director examine insurers?

Whenever necessary, at least once every few years (state specific requirements)

Twisting

Which type of misrepresentation persuades an insured, to their detriment, to cancel, lapse, or switch policies from one to another? misleading comparison of policies

The insurance company, not the customer

Who does the agent represent?

A person authorized to sell, solicit, and negotiate insurance contracts.

Who is an insurance agent?

The insurer who is being examined

Who is responsible for the costs associated with the examination of insurers?

Consumer Reports

Written and /or oral statements regarding a consumer's credit, character, reputation, or habits collected by a reporting agency from employment records, credit reports, and other public sources.

Licensed before you make the sale

You cannot sell or receive commissions unless you are what?

Statute

a formal written law enacted by legislature; insurance statutes can be found in the state Insurance Code

Reciprocity

a mutual interchange of rights and privileges. reciprocity between states means fewer licensing exams.

Hearing

advanced notice of hearing, hearing held promptly, aggrieved party has a chance to be heard

The CSR must

always identify themselves as a CSR that has been appointed by the producer

Inducement

an offer that attempts to influence the other party

Fraud

any misrepresentation of material fact, made knowingly with the intent to deceive; an act of deceit or cheating

3 hours on ethics

certain CE requirement

Business Entity License

corporation/association/partnership must have a designated agent

Coercion

forceful act or threat aimed to influence a person to act against his or her will

30 days

must file a change of address and provide certification from the new resident state.

Change of address within oklahoma

must notify within 30 days or $50 fine. (also email address and name change.)

Insurance Guaranty Association

non profit legal entity protects insureds against insolvent insurers funded by member insurers pays up to specified limits

Mutual Insurance Companies

nonprofit corporations owned by the policyowners (participating policies)

Exempt

not subject to a duty or obligation

Stock Insurance Companies

owned by stock holders who purchase shares of stock as an investment (non participating policies)

participating policy

policyowners are entitled to dividends, which, in the case of mutual companies, are a return of excess premiums are therefore nontaxable. dividends are not guaranteed.

Disclosure

revealed information to help someone make an intelligent and educated decision

Limited Lines Producer

sells, solicits, and negotiates limited lines insurance, which includes vending machines, crop insurance, and other types of insurance approved by the Commissioner

What is the Department of Insurance (DOI) NOT responsible for?

set premium rates or establish fines and penalties.

Surplus lines insurance

surplus lines are types of insurance not readily available in the state (Kevin Durant's right arm)

If you commit a violation, you are referred to as what at the hearing?

the aggrieved party

For good cause

the commissioner may grant an extension of time for completing the CE requirement. 12 months only.

Insurance Commissioner

the insurance commissioner does not legislate, only enacts laws

In this state a person cannot transact insurance for any class or classes of insurance unless...

the person is licensed for that line of authority in accordance with law

Domestic insurer

transacts insurance in the domicile state

nonparticipating policy

typically issued by stock companies, do not allow policyowners to participate in dividends or electing the board of directors

insolvent

unable to meet financial obligations

Temporary License

valid for 180 days; issued to maintain the existing business.

A participating insurance policy will pay...

Dividends to the owner based upon actual mortality cost, interest earned and costs.

Insurers are classified according to their domicile. What are the three types of insurers?

Domestic, Foreign, and alien

Defamation

If a producer makes maliciously critical statements about another insurer, what is this illegal practice called?

2 hours on state and federal legislative updates

2 hour CE requirement

90 days

How long you have to file for a resident license after moving to Oklahoma

The maximum monetary penalty for violating dishonesty or breach of trust requirement is (if you somehow get licensed as a felon)

$10,000

The penalty for violating a cease and desist is

$100 to $1000

Other penalties from the Commission

-based on state statutes -license denial/suspension/revocation -prescribe certain conditions to met -require satisfactory completion of additional education -fines

total CE requirement

24 hours

Producers are required to renew their license every...

24 months

How long do you have to notify the DOI of an address or name change?

30 days

A cease and desist order is final after how many days?

31 days

Certificate of Authority

A state-issued document empowering an insurance company to become and admitted insurer is called what?

30 days

How many days does an insurer have to respond to a written communication from a claimant?

Rebating

An agent offers a client free tickets to a sporting event in exchange for the purchase of an insurance policy. What is the agent guilty of? offering benefits or services not specified in the policy

Who is considered a nonresident agent?

An agent who resides and is licensed in another state, but who is authorized to transact insurance in this state. Not renewable.

Foreign insurer

An insurer that is domiciled in one state and transacts insurance in another.

10 days

Any licensee who moves out of Oklahoma, must return the license to the Commissioner no later than how many days after moving?

Unlawful Insurance Fraud

Any person engaged in the business of insurance to willfully, with the intent to deceive, make any oral or written statement that contains either false statements or omissions of material fact.

The aggrieved party has the right to...

Contest and request a hearing

What are producers required to do in order to renew their license?

Continuing education, renewal fee

What is the DOI responsible for?

Control and supervise Enforce insurance laws issue licenses and certificates of authority approve policy forms conduct examinations, investigations, and hearings impose penalties

If you commit a violation

DOI immediately issues cease and desist order. The DOI will issue a statement of charges.

The requirement that agents must account for and promptly remit all insurance funds collected is known as what type of agent responsibility?

Fiduciary

If fraud &/or false statements affect interstate commerce

Harsh penalties. Fine, imprisonment of 10-15 years.

In general, who can be excluded from producer licensing and examination requirements?

Insurance company officers, directors, or any other employees who do not transact insurance and who do not receive commissions for their services (usually, their responsibilities include administrative, executive or clerical).

What is controlled business?

Insurance on the producer's own life or property, or the lives or property of the producer's family or business associates

Alien insurer

Is domiciled in one country and transacts insurance in another

What illegal act does a producer commit when the producer represents a policy in a more favorable light than the policy really is?

Misrepresentation

Unfair Trade Practices

Misrepresentation False Advertising Rebating Twisting Defamation Unfair Discrimination

Misrepresentation

Misrepresentation is issuing, publishing or circulating any illustration or sales material that is false, misleading or deceptive as to policy benefits or terms, the payment of dividends, etc. This includes oral statements.

3 hours

Of the 24 hours of CE required, how many hours must be an ethics class?

Who may share in the commission from the sale of an insurance policy?

Only producers properly licensed for the type of insurance transaction

Investigative consumer reports

Similar to consumer report, primary difference is that the information is obtained through an investigation and interview with the associates, friends and neighbors of the consumer

Conservator

State appointed to step in to the day to day management of a bankrupt insurance company

Who owns stock companies?

Stockholders

5 years or whenever deemed necessary

The Commissioner has a duty to examine each domestic insurer admitted to transact insurance in Oklahoma at least once every

Election

The Commissioner is placed in office by

Who must be notified of a producer's change of address?

The Department of Insurance (Commissioner/Director/Superintendent)

You cannot make a sales point out of what?

The IGA. illegal to advertise association protection when selling insurance products.

Where do insolvent insurer's go to get the money to pay claims?

The Insurance Guaranty Association.

Where do the fines that the DOI levies come from?

The State Statutes

Commissioner

The head of the State Department of Insurance


Ensembles d'études connexes

American Government: Reading Quiz 2

View Set

BUILDINGS & LANDMARKS - Under Construction

View Set

Chapter 16: Disorders in Immunity

View Set