Industry Oversight and Regulation Flashcards
• 1869 Paul v. Virginia:
the U.S. Supreme Court ruled that insurance transactions crossing state lines are not interstate
commerce.
1905 The Armstrong Investigation Act
gave the authority to the states to regulate insurance
1944 United States v. South-Eastern Underwriters Association
ruled that insurance transactions crossing state lines are
interstate commerce and are subject to federal regulation.
1945 The McCarran Ferguson Act
states that while the federal government has authority to regulate the insurance industry, it would not exercise its right if the insurance industry was regulated effectively and adequately on the state
level minimum penalty of a producer who has obtained personal information
about a client without having a legitimate reason to do so is a fine of $10,000
1970 Fair Credit Reporting Act:
provides individuals privacy protection and fair and accurate credit reporting. Insurance
companies are required to notify applicants if a credit check will be made on them fine of
$5,000.
1999 Gramm-Leach-Bliley Act (Financial Services Modernization Act):
This law repealed the Glass-Steagall Act; this
allows Banks, Retail Brokerages and Insurance companies to enter each other’s line of business.
2001 USA PATRIOT ACT
(Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept
and Obstruct Terrorism Act): as it relates to the insurance industry, is designed to detect and deter terrorists and their
funding by imposing anti-money laundering requirements on brokerage firms and financial institutions
2003 National Do Not Call Registry:
Insurance calls are not exempt from the no not call registry
2010 Patient Protection and Affordable Care Act (PPACA):
shortened to the Affordable Care Act (ACA),
represents one of the most significant regulatory overhauls and expansions of coverage in U.S. history.
The National Association of Insurance Commissioners (NAIC)
organization composed of insurance commissioners from
all 50 states, the District of Columbia and the 4 US territories. They are responsible for recommending appropriate laws and
regulations. They are responsible for the creation of the Advertising Code and the Unfair Trade Practices Act, and the
Medicare Supplement Insurance Minimum Standards Model Act
. The NAIC has four broad objectives:
- To encourage uniformity in state insurance laws and regulations
- To assist in the administration of those laws and regulations by promoting efficiency
- To protect the interest of policyowners and consumers
- To preserve state regulation of the insurance business
Advertising Code:
the code specifies certain words and phrases that are considered misleading and are not to be used in
advertising of any kind.
Unfair Trade Practices Act
: gives chief financial officer the power to investigate insurance companies and producers to
impose penalties. In addition to that, the act gives officers the authority to seek a court injunction to restrain insurers from
using any methods believed to be unfair.
NAIFA (National Association of Insurance and Financial Advisors)
NAHU (National Association of Health Underwriters)
Members of these organizations are life and health agents dedicated to supporting the industry and advancing the quality
of service provided by insurance professionals. These organizations created a Code of Ethics detailing the expectations of
agents in their duties toward clients
To sell insurance, each state requires high level of professionalism and ethics. Some of these standards and ethics are:
• Selling to needs: agents must first determine the consumers’ needs then determine which policy fits their needs best.
• Suitability of recommended products: an ethical agent must be able to assess the correlation between a recommended
product and the consumer’s needs.
• Full and accurate disclosure: an ethical agent must inform consumers of the benefits and limitations of recommended
products. Recommendations must be accurate, complete and clear.
• Documentation: an ethical agent must document each client’s meeting and transaction.
• Client Services: an ethical agent must know that a sale does not mark the end of the relationship, but rather the
beginning of the relationship. Therefore, routine follow-up calls are recommended.
• Buyer’s Guide: each state requires agents to deliver a buyer’s guide to consumers that explain various types of life
insurance products and other information on the recommended policy, such as premiums, dividends, and benefit
amounts.
• Policy Summary: help consumers evaluate the suitability of the recommended product.