During a regulatory compliance audit of a regional brokerage, state examiners review several recent marketing and sales practices utilized by the firm's producers. Under standard state Unfair Trade Practices regulations, which of the following actions clearly constitute a statutory violation? (Select all that apply)
- Guaranteeing the payment of future, non-guaranteed dividends on a participating life insurance policy to induce a prospect to sign an application.Answer
- BRefusing to issue commercial liability coverage to a specific manufacturing sector based entirely on objective actuarial data demonstrating a statistically higher risk of loss.
- Offering to waive a published, standard agency consultation fee for a prospective client, strictly contingent upon the client binding their property coverage with the agency.Answer
- DRecommending a policy replacement by emphasizing the incumbent contract's limitations, provided the producer supplies a complete, accurate, and compliant side-by-side comparison.
Answer
The actions that constitute statutory violations are guaranteeing future dividends on a participating policy and waiving an agency fee contingent upon a policy purchase.
Guaranteeing future dividends is a form of illegal misrepresentation because dividends are never guaranteed. Offering a fee waiver contingent on a policy purchase constitutes illegal rebating, as it provides an inducement not stated in the insurance contract.
Step-by-Step Solution
Key Concept
Distinguishing between legal business practices (fair discrimination, accurate replacement) and Unfair Trade Practices (misrepresentation, rebating).