Chapter 12 - WA Flashcards
WA Insurance Commissioner
Chief officer of WA insurance department
Elected position, 4 year term
Makes rules and regulations to help carry out provisions of the WA insurance code
WA Commissioner Hearing
Commissioner can hold hearing whenever deemed necessary.
All hearings must be held or refused within 30 days after commissioner receives demand.
Must give notice of time and place at least 10 days ahead of time.
Penalties
After commissioner hearing, Commissioner can impose fine of up to $1,000 for each violation upon any person who violates WA insurance code
Cease and Desist
Commissioner can issue a cease and desist order to anyone violating WA insurance code
Rates and Forms
All insurance policy forms, applications, riders, or endorsements must be filed with and approved by Commissioner before they can be used.
Insurance - WA Definition
A contract in which one party (the insurer) agrees, for a consideration (premiums + application), to pay the other (insured) a specific amount upon determinable contingencies
Insurer (WA Definition)
Anyone in the business of making insurance contracts other than a fraternal benefit society
Premium
Payment (or consideration) for insurance coverage. Sometimes called assessments, policy fees, or service fees
Policy (WA Definition)
A written contract for insurance, including all clauses, riders, endorsements, and attached papers
Insurance Producer (WA Definition)
An individual who in any manner sells, solicits, or negotiates insurance on behalf of insurance companies for compensation
Assumed Names
An insurance producer doing business under any name other than the producer’s legal name. Must notify the Commissioner before using the assumed name
Commissions
Compensation as a percentage for selling insurance. No person shall pay or accept them to/from an unlicensed individual for the purpose of selling or negotiating insurance business.
Deferred ones can be paid as long as the person was licensed at the time of sale
Shared Commissions
May only be shared with another producer who is licensed in the same line of insurance
Protection of Public Interest
Insurers and agents are required to act in good faith, abstain from deception, and practice honesty and equity in all insurance matters.
Premium Accountability
An insurance producer must report to the insurer the exact amount of consideration charged as premium and the amount shall be shown in the contract and in the records of the producer
Fiduciary Responsibility
Someone in a position of trust. Any person who is a producer for an insurance company has this responsibility
Separate Account Requirement
All funds representing premiums or return premiums received by a producer shall be accounted for an maintained in a separate account from all other business and personal funds
Co-mingling
Premiums that have been combined with personal funds. A prohibited act.
Policy Delivery
Policies must be delivered within a reasonable period after they have been issued
NAIC Buyers Guide and Policy Summary
Producers must provide these as a part of solicitation and sales presentations
Policy Summary
Contains specific information on the provisions, benefits, and coverage of the policy applied for
Misrepresentation
Illegal to misrepresents any fact about an insurance policy, such as:
Terms
Benefits
Value
Cost
Effective Date
Existence of contract
False advertising
An illegal practice. Stating or publishing misleading in formation about insurance coverage. Includes making false statements about the financial condition of an insurer
Defamation
An illegal practice. Any public statement or advertisement that contains false information or unsubstantiated criticisms about an insurance company that are intended to harm or malign