Texas Life & Health Exam Questions Flashcards
(190 cards)
All of the following are true regarding rebates EXCEPT:
A. Rebates are allowed if it’s in the best interest of the client.
B. Rebates are only allowed if specifically stated in the policy.
C. Rebating can be anything of economic value, given as an inducement to buy.
D. Dividends are not considered to be rebates.
A. Rebates are allowed if it’s in the best interest of the client.
A rebate is an illegal act which involves returning something of value to the client as an inducement to buy, such as the commission. Rebates are only allowed if specially stated in the policy. Insurance dividends are not considered rebates as the IRS considers it as a return of overpaid premium.
Which of the following best describes the unfair trade practice of defamation?
A. Issuing false advertising material.
B. Refusing to deal with other insurers.
C. Making derogatory oral statements about another insurer’s financial condition.
D. Assuming the name and identity of another person.
C. Making derogatory oral statements about another insurer’s financial condition.
Making oral or written statements directly or indirectly which are derogatory or maliciously critical of another insurer would be an example of the unfair trade practice of defamation.
Who might receive dividends from a mutual insurer?
A. Policyholders
B. Subscribers
C. Stockholders
D. Agents
A. Policyholders
A mutual insurer has no stock, and is owned by the policyholders. Since they may receive a dividend (not guaranteed), such policies are known as participating policies. Dividends received by policyholders of a mutual insurer are not taxable.
An insurer advertises a health policy that is covered by the Life and Health Insurance Guaranty Association. The advertisement includes a short list of benefits and approximate rates. The end of the advertisement includes statement that protection is provided by the Guaranty Association. Which of the following is true?
A. The advertisement must also include the contact information of the association.
B. The advertisement must also include the contact information of the Commissioner of Insurance.
C. Mentioning the Guaranty Association is mandatory when advertising insurance in the state of Texas.
D. Mentioning the Guaranty association in advertisements is considered to be unfair trade practice.
D. Mentioning the Guaranty association in advertisements is considered to be unfair trade practice.
It is considered an unfair trade practice to advertise protection by the Insurance Guaranty Association when selling any product that is covered by the association.
In Texas, how is the Commissioner of Insurance placed in office?
A. Appointed by the Senate for a term of 2 years.
B. By election, at the same election when other state officials are chosen.
C. Appointed by the Governor for a term of 2 years.
D. Appointed by the Governor for a term of 4 years.
C. Appointed by the Governor for a term of 2 years.
As established by the Insurance Code, the Commissioner is appointed by the Governor for a term of 2 years.
The Commissioner has full power and authority to do all of the following EXCEPT:
A. Enforce the Insurance Code.
B. Issue cease and desist orders.
C. Draft insurance laws.
D. Issue Certificates of Authority.
C. Draft insurance laws.
The Commissioner enforces the Insurance Code, but does not write insurance laws.
An agent receives an Emergency Cease and Desist Order for chronically misrepresenting his insurance policies. The agent knows that he did not commit the violations stated in the Emergency Cease and Desist Order. He wants to contest the charges in a court hearing. Which of the following is true?
A. The hearing must be held within 10 days of receiving a request, unless both parties agree to a later date.
B. The judge will determine when the hearing will be held.
C. The hearing date can be set for any time within the next year, unless both parties agree to a later date.
D. The hearing must be set for exactly 10 days after the request is made.
A. The hearing must be held within 10 days of receiving a request, unless both parties agree to a later date.
The hearing to show cause why the cease and desist order should not be affirmed or modified shall be held not later than the 10th day after the date of Commissioner receives the request for a hearing unless the parties mutually agree to a later date. (The cease and desist order remains in effect until the hearing is held.)
On a participating insurance policy issued by a mutual insurance company, dividends paid to policyholders are:
A. Not taxable since the IRS treats them as a return of a portion of the premium paid.
B. Paid at a fixed rate every year.
C. Taxable as ordinary income.
D. Guaranteed.
A. Not taxable since the IRS treats them as a return of a portion of the premium paid.
With participating policies, policyowners are entitled to dividends, which, in the case of mutual companies, are nontaxable because they are considered a return of excess premiums.
On its advertisement, a company claims that it has funds in its possession that are, in fact, not available for the payment of losses or claims. The company is guilty of:
A. Unfair claim practice.
B. Rebating.
C. Misrepresentation.
D. Concealment
C. Misrepresentation.
Issuing or circulating any sales material that is false or misleading would be considered misrepresentation and is illegal.
Anyone who violates the Insurance Code of Texas may be fined up to:
A. $5,000
B. $10,000
C. $20,000
D. $25,000
D. $25,000
Anyone who violates the Insurance Code may be fined up to $25,000 and/or directed to make complete restitution to Texas residents or entities injured by the original violation.
The Commissioner of Insurance issues a Cease and Desist Order and immediately receives a request for the charges to be reviewed in a hearing. Within what number of days must the hearing be held?
A. 10
B. 14
C. 30
D. 60
A. 10
If the Recipient of a Cease and Desist Order wants to contest or review the charges in court, the request must be made within 30 days of the order. After the Commissioner receives the request, a hearing must occur within 10 days.
When doing business in this state, an insurance company that is formed under the laws of another state is known as which type of insurer?
A. Alien
B. Nonadmitted
C. Foreign
D. Domestic
C. Foreign
A foreign insurer is one that is formed under the laws of another state. A nonadmitted or unauthorized insurer is an insurance company that has not applied for, or has applied and been denied a Certificate of Authority and may not transact insurance.
Which of the following is NOT a possible penalty for a violation of the Insurance Code?
A. An administrative penalty
B. Payment of restitution
C. A cease and desist order
D. A fine up to $100,000
D. A fine up to $100,000
In addition to the suspension or revocation of a license, the Commissioner may impose any of all of the following penalties: issue a cease and desist order, order the payment of an administrative penalty, and order the licensee to make restitution. The penalty for a violation may not exceed $25,000.
The Commissioner of Insurance issues a Cease and Desist Order to an agent. If the agent wishes to contest the charges in court, how many days after the order was issued does the agent have to make the request?
A. 10 days
B. 30 days
C. 60 days
D. 90 days
B. 30 days
If the recipient of a Cease and Desist Order wants to contest or review the charges in court, the request must be made within 30 days of the order.
Which of the following is NOT true regarding a Certificate of Authority?
A. It may be necessary for transacting business in a specific state.
B. It is equivalent to an insurance license.
C. It is issued by the state department of insurance.
D. It is issued to group insurance participants.
D. It is issued to group insurance participants.
Before insurers may transact business in a specific state, they must apply for a license of Certificate of Authority from the state department of insurance and meet any financial (capital and surplus) requirements set down by the state.
In Texas, the Commissioner of Insurance is:
A. Appointed by the Governor.
B. Appointed by the Insurance and Industry Committee of the state legislature.
C. Elected by the state legislature’s Banking and Insurance Committee.
D. Elected by Texas voters.
A. Appointed by the Governor.
The Commissioner is appointed to office by the Governor, with the advice and consent of the Senate, for a 2-year period. The Commissioner’s appointment ends on February 1 of each odd numbered year.
What is a foreign insurer?
A. An insurer with licensed agents who are citizens in more than one country.
B. An insurer with a home office in another state.
C. An insurer with a home office in another country.
D. An insurer with licensed agents doing business in other countries.
B. An insurer with a home office in another state.
A domestic insurer’s home office is in this state, a foreign insurer’s is in another state, and an alien insurer’s is in another country.
All of the following are considered unfair trade practices in the business of insurance EXCEPT:
A. Sharing commissions.
B. Boycott.
C. Rebating.
D. Defamation.
A. Sharing commissions.
Sharing commissions is allowed as long as both producers are properly licensed. All other choices are unfair trade practices.
An insured purchased an insurance policy 5 years ago. Last year, she received a dividend check from the insurance company that was not taxable. This year, she did not receive a check from the insurer. From what type of insurer did the insured purchase the policy?
A. Nonprofit service organization
B. Stock
C. Mutual
D. Reciprocal
C. Mutual
Funds not paid out after paying claims and other operating costs are returned to the policyowners in the form of a dividend. If all funds are paid out, no dividends are paid.
Which of the following must an insurer obtain in order to transact insurance within a given state?
A. Certificate of authority
B. Producer’s certificate
C. Business entity license
D. Insurer’s license
A. Certificate of authority
All insurers (domestic, foreign, or alien) must obtain a certificate of authority before transacting insurance within a given state.
It would be considered unfair discrimination to ask an insurance applicant about which of the following and then use that information as a rating factor to determine insurability?
A. Address
B. Sexual orientation
C. Age
D. Gender
B. Sexual orientation
It would be considered unfair discrimination to ask an applicant for their sexual orientation, as well as using sexual orientation as a rating factor to determine insurability.
Within how many years must an agent renew an insurance license?
A. 1
B. 2
C. 3
D. 4
B. 2
An agent’s license must be renewed every 2 years on their birthday in either even or odd numbered years depending on when the license was issued. As long as the renewal requirements are met, the license will continue in effect until refused, revoked, or suspended by the Commissioner.
Which of the following is NOT considered a misrepresentation as it pertains to unfair trade practices?
A. Exaggerating the benefits provided in the policy
B. Stating that the competitors will arbitrarily increase their premiums each year
C. Making comparisons between different policies
D. Stating that the insurance policy is a share of stock
C. Making comparisons between different policies
Making accurate comparisons of policies is not illegal.
Which of the following occupations would NOT directly help to qualify someone for the office of Commissioner of Insurance?
A. Practicing attorney
B. Insurance agent
C. Certified public account
D. Executive in business administration
B. Insurance agent
The Commissioner must have at least 5 years of experience in one of the following occupations: an executive in the administration of business or government, a practicing attorney, or a certified public accountant.