State Laws - Insurance Regulation Flashcards

(42 cards)

1
Q

The U.S. location where the person maintains a principal of residence or business, in which the person is licensed to act as an insurance producer. What is the term to describe this?

A

Home State

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2
Q

The attempt to sell insurance or to ask or encourage a person to apply for a particular type of insurance.

A

Solicit

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3
Q

The exchange of insurance for money or its equivalent on behalf of a licensed insurer.

A

Sell

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4
Q

You must be the following to obtain what?
- be at lease 18 years old
- pay the fee
- pass the test
- pass the pre-certification

You DON’T need:
- a college degree
- high school diploma

A

NYS Licensing Requirements to become an Agent

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5
Q

The process of one individual discussing with another person a specific insurance contract and its major benefits, terms and/or conditions.

A

Negotiate

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6
Q

To sell, solicit, or negotiate insurance in NY - including an insurance agent, insurance broker, reinsurance intermediary, or excess lines broker.

A

Insurance Producer

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7
Q

Types of Licenses:
Works for their clients and is paid a fee by their client

A

Broker License

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8
Q

Types of Licences:
If a licensed agent or broker dies the following can take over:
- next of kin
- admin of the estate

The purpose of this license is to wrap up business and keep operations going and renewals coming.

It only lasts 90 days.

A

Temporary License

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9
Q

Types of Licenses:
Is an individual, firm, or corporation offering advice for a fee.

License is renewed yearly and expires on March 31st.

A

Consultant License

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10
Q

Types of Licenses:
Acts on behalf of an insurance company in investing and adjusting claims.

A

Adjuster License

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11
Q

Types of Licenses:
FILL IN

A

Agent License

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12
Q

A ___________ insurance agent or broker is an individual who is not a resident of NY and who is licensed or authorized to act as an insurance agent or broker in the state where they reside.

A

Non-resident

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13
Q

Maintenance and Duration:
What is the amount of time you have to report disciplinary actions?

A

30 days

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14
Q

Maintenance and Duration:
- must be submitted no fewer than 60 days before the expiration of the license to avoid a $10 late fee
- 24 months/2 years
- birth month
- also called “continuing eduction (CE)”
- replacement license fee = $15

A

License Renewal

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15
Q

Maintenance and Duration:
A name other than the licensees legal name = ____________

The name change needs to be approved by the Superintendent

A

Assumed Names

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16
Q

Maintenance and Duration:
You must complete this every 2 years and it is a 15 hours of instruction

A

Continuing Education (CE)

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17
Q

Maintenance and Duration:
All licensees are required to notify the Superintendent of a __________ ___ _____________ within 30 days of the change.

A

Change in Address

18
Q

Disciplinary Actions:
The Superintendent must give a non-resident licensee a _____ ______ __________ __________ before revoking a license.

A

30 days written notice

19
Q

Disciplinary Actions:
Instead of revoking or suspending an insurance license, the Superintendent may require a licensee to pay a penalty of $___________ per offense.

20
Q

Disciplinary Actions:
Failure to pay the penalty within ______ days results in revoking or suspending the license.

21
Q

Disciplinary Actions:
The penalty for violating a cease and desist order is up to $________ per violation.

22
Q

Disciplinary Actions:
Once a license has been revoked, the licensee cannot obtain any type of insurance license in this state for at least ___ ________ from the date of revocation or from the date of a final determination resulting from any judicial review.

23
Q

Disciplinary Actions:
Before a resident license can be revoked or suspended, the Superintendent must give the licensee and all sublicenses a hearing with ____ ______ __________ __________.

A

10 days advance notice

24
Q

Disciplinary Actions:
How many days of written notice must the Superintendent provide to the licensee before holding a hearing?

25
Disciplinary Actions: What is the MAXIMUM penalty amount for all offenses?
$2,500
26
State Regulation: The place does the following: - runs insurance - handles all insurance laws within the state - enforces all rules and regulations are dealt through this department
Department of Insurance
27
State Regulation: The following are exclusions of who? - cannot put someone in jail - cannot put someone's license on probation - does not write insurance laws
Exclusions of the Superintendent
28
State Regulation: This person can: - be appointed by the Govenor - can enforce rules and regulations as needed to carry out this states insurance laws This person CANNOT: - create insurance laws
The Superintendent
29
Company Regulation: The insurer must file a certificate of appointment with the Superintendent within 15 days from the date the agency contract is executed, or submitted. What is this called?
Appointment of Agent
30
Company Regulation: Authorized insurers must file annual financial statements for the past years with the Superintendent by March 1st. What is this called?
Solvency
31
Company Regulation: Allows insurers to sell in the state making them admitted and authorized. What is this called?
Certificate of Authority
32
Company Regulation: Knowingly misrepresenting to claimants pertinent facts or policy provisions relating to claims. What is this called?
Unfair Claim Settlement Practices
33
Company Regulation: A state acknowledged, through the Superintendent, cessation of the business relationship between a producer and an insurer in a given state, The insurer must notify within 30 days. What is this called?
Termination of Agent Appointment
34
Unfair and Prohibited Practices: When similar risks are treated differently and premiums are not based on relative risk, but factors like race, national origin, or disability.
Unfair Discrimination
35
Unfair and Prohibited Practices: The act of making false statements or spreading damaging information about a person or entity that harms their reputation.
Defamation of Insurer
36
Unfair and Prohibited Practices: Bribing the customer to buy their policy by offering the customer something extra. Also called illegal inducement Examples: offering cash or a guaranteed dividend
Rebating
37
Unfair and Prohibited Practices: An insurance corporation - including its officers, directors and agents - cannot issue or circulate any illustration or statement indicating the corporation is permitted to transact business that is not authorized by a certificate of authority.
False Advertising
38
Licensee Regulation: A licensed agent cannot earn more than 10% commissions in a 12-month period on family and people under your control. What is this called?
Controlled Business
39
Licensee Regulation: Means the agent submits premium collected to the insurance companies. Funds = __________ ______________
Fiduciary Responsibility
40
Federal Regulation: - Insurance companies are allowed to pull our credit - pulls our credit and then uses that to judge us and determine our premium **The customer can challenge the report**
Fair Credit Reporting Act
41
Federal Regulation: Interstate transactions are subject to fines and imprisonment for up to 10 years. What is this?
Fraud and False Statements
42