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Difficulty: MediumUnfair Trade Practices

An agent notices that a client has accumulated substantial cash value in an existing universal life insurance policy. The agent persuades the client to withdraw those funds to purchase a new universal life policy issued by the exact same insurance company. The new policy provides no meaningful enhancement to the client's coverage, but the transaction generates a significant new first-year commission for the agent. Based on state insurance regulations, which of the following unfair trade practices has the agent committed?

  1. A
    Twisting
  2. B
    Sliding
  3. ChurningAnswer
  4. D
    Rebating

Answer

The correct answer is Churning.
The correct answer identifies that replacing a life insurance policy with another policy from the exact same insurer, particularly by depleting existing cash value to generate a new commission without objectively improving the client's position, is legally defined as churning.

Step-by-Step Solution

1
Analyze the producer's action in the scenario.
The producer is replacing an existing policy with a new one from the exact same insurance company using the existing cash value.
Identifying the nature of the replacement transaction is necessary to determine which specific regulation applies.
2
Evaluate the outcome and motivation for the transaction.
The client receives no meaningful benefit, while the producer earns a new first-year commission.
Regulatory definitions of unfair trade practices depend heavily on consumer harm and producer intent.
3
Match the analyzed behavior to the statutory definitions of unfair trade practices.
Replacing a policy within the same company purely to generate commission without client benefit perfectly aligns with the definition of churning.
Distinguishing between similar violations requires precise application of statutory definitions.

Key Concept

Identifying Unfair Trade Practices specifically related to internal policy replacements.
Estimated Time:1m 0s
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Topics

Unfair Trade Practices

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