Question

Difficulty: MediumUnfair Trade Practices

Match each specific scenario of market misconduct with the correct statutory unfair trade practice it describes.

  • An agent repeatedly replaces a client's policies within the same company to generate new first-year commissions without providing any real benefit to the insured.Churning
  • An agency enters into an agreement with several other brokerages to refuse to conduct business with a specific insurer in order to drive them out of the local market.Boycott
  • An insurer publishes a public advertisement that misstates the dividends previously paid on a specific life insurance product to attract new buyers.False Advertising
  • An insurer deliberately makes a false entry in its ledger of accounts with the intent to deceive a state insurance examiner.False Financial Statements

Answer

The correct matches are: replacing policies internally for commissions matches Churning; agreeing to refuse business matches Boycott; misstating dividends publicly matches False Advertising; and falsifying ledgers to deceive examiners matches False Financial Statements.
Each scenario perfectly aligns with NAIC Model Unfair Trade Practices standards. Churning is internal replacement for commission; boycott is collective refusal to deal; false advertising involves misleading public promotions; and false financial statements involve falsifying records to deceive regulators.

Step-by-Step Solution

1
Analyze the scenario regarding internal policy replacement for commissions.
This describes Churning.
Churning is explicitly defined as depleting cash value or replacing policies within the same enterprise without a clear benefit to the insured, solely for producer compensation.
2
Analyze the scenario regarding an agreement to refuse business.
This describes a Boycott.
A group effort to refuse to deal with a specific entity in order to restrain trade or establish a monopoly is the legal definition of a boycott.
3
Analyze the scenario regarding misstated dividends in a public promotion.
This describes False Advertising.
Disseminating untrue information to the public regarding policy benefits or previous dividends falls squarely under false information and advertising.
4
Analyze the scenario regarding deceptive accounting records.
This describes False Financial Statements.
Intentionally making false entries in any book, report, or statement of an insurer to deceive an appointed examiner is a distinct statutory violation.

Key Concept

Unfair Trade Practices
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