Insurance regulation (flash cards)

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

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

Who's considered a nonresident agent?

An agent who resides and is licensed in another state, but who is authorized to transact insurance in this state.

Person M and Person N worked on writing an insurance policy for a client. Which of the following statements regarding their possible share of commission is correct?

As long as M and N are both licensed for the line of insurance written, they may share the commission.

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

Authorized or admitted

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

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

Cease and desist order

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

Only producers properly licensed for the type of insurance transaction

What type of licensee represents the insurance company?

The agent

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

The insurer who is being examined

When can the Commissioner or Director examine insurers?

Whenever deemed necessary, but at least once every few years. Every 5 years for VA

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?

discrimination

Who owns stock companies?

stockholders

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

Misrepresentation

When is controlled business legal?

When the commissions from controlled business do not exceed the aggregate commissions on all the other business (specific limits may vary from state to state)

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

domestic, foreign, alien

An agent is convicted of a felony in another jurisdiction. Within what period of time must the agent report the felony charge to the Commission?

30 days

Who's an insurance agent?

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

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

Certificate Authority

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

Certificate of authority

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

Fiduciary

What is the purpose of a cease and desist order?

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

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

defamation

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

Complete continuing education hours and pay a renewal fee

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

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)

To whom may a certificate of authority be issued?

To an insurer authorized to transact business in this state

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?

Rebating

On its advertisement, a company claim that it has funds in its possession that are, in fact, not available for the payment of losses or claims. What is the company guilty of?

Misrepresentation

All the companies authorized and licensed to transact the business of insurance in this state are subject to inspection, supervision and regulation by

The commission

Which type of misrepresentation persuades an insured, to his or her detriment, to cancel, lapse, or switch policies from one to another?

Twisting "Twisting" is a misrepresentation that persuades an insured/owner, to his or her detriment, to cancel, lapse, or switch policies from one to another.

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

When it is intentional and material

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

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

The Department of Insurance (Commissioner/Director/Superintendent)

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

foreign

All of the following would be considered rebating EXCEPT

An agent misrepresents policy benefits to convince a policyowner to replace policies.