Question

Difficulty: EasyUnfair Trade Practices

Match each prohibited producer action with the correct statutory term for the unfair trade practice.

  • RebatingOffering a premium reduction, kickback, or something of material value not specified in the contract to induce a sale.
  • TwistingUsing misrepresentation or incomplete comparisons to persuade a policyholder to cancel, lapse, or switch their existing coverage.
  • CoercionApplying physical or mental intimidation to force a client into an insurance transaction, resulting in unreasonable restraint of trade.
  • Unfair DiscriminationApplying different rates, benefits, or conditions to individuals who belong to the exact same actuarial risk class.

Answer

Rebating matches with offering unseen value; Twisting matches with misleading to replace; Coercion matches with intimidation; and Unfair Discrimination matches with unequal treatment for the same risk.
Each prohibited action maps directly to its statutory definition. Rebating involves unwritten financial incentives. Twisting involves deceitful replacement. Coercion involves intimidation. Unfair Discrimination involves unequal treatment of equal risks.

Step-by-Step Solution

1
Analyze the definition of Rebating.
Identified as offering a premium reduction or kickback not specified in the contract.
Rebating essentially means giving back part of the commission or offering an illegal financial incentive.
2
Analyze the definition of Twisting.
Identified as using misrepresentation to persuade a policyholder to replace coverage.
Twisting is a specific type of misrepresentation focused on causing a client to lapse a policy to their detriment.
3
Analyze the definition of Coercion.
Identified as applying physical or mental intimidation to force a transaction.
Coercion violates anti-trust laws by forcing a monopoly or unreasonably restraining trade through fear.
4
Analyze the definition of Unfair Discrimination.
Identified as applying different rates to individuals in the exact same actuarial risk class.
Insurers must discriminate based on risk, but doing so between identically classified individuals is legally unfair.

Key Concept

Statutory Definitions of Unfair Trade Practices
Rate this question