State Laws Flashcards

1
Q

Which of the following is not a duty of the Commissioner?

A
Make state insurance laws

B
Handle insurance-related consumer complaints

C
Enforce state insurance laws

D
Issue an insurance license for a producer

A

A
Make state insurance laws

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2
Q

With respect to advertising requirements in Texas, all of the following are allowable unless the insurer:

A
Advertises preferred rates to classes of policyholders based on certain qualifications

B
Includes the terms investment, savings plan, or profit sharing

C
Uses the term “invitation to contract”

D
Solicits nonpaid testimonials representing the personal opinion of the author

A

B
Includes the terms investment, savings plan, or profit sharing

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3
Q

In Texas, all the following are required to be included in a life insurance illustration, except:

A
Initial death benefit

B
Rating classification upon which the illustration is based

C
Company specific mortality tables

D
Proposed insured’s name

A

C
Company specific mortality tables

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4
Q

An individual life insurance policy issued in TX must have a grace period of at least how many days?

A
90

B
31

C
60

D
45

A

B
31

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5
Q

In TX, all the following statements about life insurance policy provisions are correct, except:

A
If it is discovered that an insured’s age is misstated at the time of a loss, the amount payable is based on the amount of coverage the premiums paid would have purchased at the correct age

B
An individual may assign up to 100% of policy ownership

C
Suicide may not be used as a defense to deny payment after the second year

D
If a policy lapses due to unpaid premiums, it may only be reinstated up to 2 years after lapse

A

If a policy lapses due to unpaid premiums, it may only be reinstated up to 2 years after lapse

*All life insurance policies that provide nonforfeiture benefits must include a provision that states if the policy lapses due to unpaid premiums, the policy may be reinstated within 3 years.

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6
Q

Which of the following does not describe an eligible group for group life insurance in TX?

A
A group consisting exclusively of persons related by marriage or blood

B
An employer group with at least 2 employees covered under the policy

C
Creditor groups insuring its debtors

D
Labor unions that insure members actively engaged in the same occupation

A

A
A group consisting exclusively of persons related by marriage or blood

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7
Q

Under Texas Nonforfeiture Law, a cash surrender payment may be deferred up to:

A
3 months

B
6 months

C
12 months

D
2 years

A

B
6 months

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8
Q

Under TX law, coverage for newborns must begin:

A
14 days after birth

B
After evidence of insurability is provided and the first premium is paid

C
At birth

D
31 days after birth

A

C
At birth

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9
Q

All Medicare Supplement policies must offer coverage for all of the following, except:

A
Physicians’ services

B
Hospitalization

C
Disability income

D
The reasonable cost of the first 3 pints of blood

A

C
Disability income

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10
Q

When taking an application for a Medicare Supplement policy, an agent must provide the applicant with a(n):

A
Summary of Benefits

B
Outline of Coverage

C
Certificate of Authority

D
Copy of the agent’s insurance license

A

B
Outline of Coverage

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11
Q

If an insurer requires an individual to be tested for the AIDS virus, all of the following are required, if applicable, except:

A
Obtain notice of the requirement to test and written authorization from a parent or guardian of a proposed insured

B
Notice to the proposed insured of the requirement prior to testing

C
Gather statistical information that identifies the applicant to share with other insurers

D
Written authorization from the applicant on a Notice of Consent form

A

C
Gather statistical information that identifies the applicant to share with other insurers

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12
Q

A long-term care policy issued in Texas must, at a minimum, be offered as:

A
Conditionally renewable

B
Optionally renewable

C
Noncancellable

D
Guaranteed renewable

A

D
Guaranteed renewable

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13
Q

In Texas, a small employer health insurer may not offer coverage to an eligible employee unless the employee has:

A
Satisfied a pre-existing condition waiting period of 6 months

B
Satisfied the applicable waiting period

C
Paid 100% of the first year’s premium to the employer

D
Been eligible for at least 6 months

A

B
Satisfied the applicable waiting period

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14
Q

Which of the following is a method used by an HMO to compensate a physician or provider for providing a defined set of health care services and is based on a predetermined payment per enrollee:

A
Capitation

B
Copayment

C
Enrollment fee

D
Fee-for-service

A

A
Capitation

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15
Q

All the following regarding an HMO’s evidence of coverage issued in TX are correct, except:

A
The evidence of coverage must be delivered in writing

B
The name, address, and phone number of the HMO must be included

C
Health care services and benefits available must be stated

D
Approval by the Commissioner of Insurance is required before delivery

A

A
The evidence of coverage must be delivered in writing

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16
Q

An enrollee in Texas may have coverage cancelled or nonrenewed by an HMO for which of the following?

A
Being diagnosed with heart disease

B
Excessive claims

C
Failing to quit smoking

D
Nonpayment of premium

A

D
Nonpayment of premium

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17
Q

An HMO in Texas must hold an open-enrollment period at least annually for:

A
31 days

B
45 days

C
10 days

D
60 days

A

A
31 days

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18
Q

Under the ACA, a catastrophic plan may be purchased by any of the following, except an individual:

A
Enrolled in Medicaid

B
Under age 30

C
With a hardship exemption

D
Unable to afford other coverage

A

A
Enrolled in Medicaid

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19
Q

According to the ACA, which of the following is not included in a Summary of Benefits and Coverage?

A
Premiums

B
Deductibles, copayments and coinsurance

C
Covered benefits

D
Limitations

A

A
Premiums

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20
Q

An agent must submit to the replacing insurer all of the following, except:

A
A copy of the notice regarding replacement

B
A statement identifying insurer-approved sales materials used

C
A copy of the existing policy

D
A signed statement indicating if replacement is involved

A

C
A copy of the existing policy

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21
Q

The Texas Commissioner has all the following powers, except:

A
Issue a cease and desist order

B
Administer oaths

C
Revoke a license prior to a hearing

D
Conduct investigations

A

C
Revoke a license prior to a hearing

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22
Q

What is the purpose of the Texas Life and Health Guaranty Association?

A
To regulate insurance laws

B
To pay the claims of an insolvent insurer

C
To control healthcare costs and expand health insurance coverage

D
To provide insurance for those who cannot secure insurance in the regular market

A

B
To pay the claims of an insolvent insurer

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23
Q

An individual life insurance policy issued in TX must have a grace period of at least how many days?

A
45

B
90

C
60

D
31

A

D
31

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24
Q

Which of the following is considered false advertising?

A
An insurance applicant misrepresents material information on an application for a license

B
An insurer exaggerates its dividends in statements published in a newspaper

C
An agent misrepresents a policy provision relating to coverage at the time of issue

D
A counselor charges a fee for advice in addition to commission for the sale of a policy

A

B
An insurer exaggerates its dividends in statements published in a newspaper

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25
Q

Which one of the following scenarios would not require a person to pass a written exam in Texas in order to receive a license?

A
An applicant who has decided to change careers and enter into the insurance business on a full-time basis

B
Any applicant who wants to sell insurance on a part-time basis only

C
An applicant who is seeking to obtain a temporary license

D
An applicant who is re-entering the insurance business after 10 years

A

C
An applicant who is seeking to obtain a temporary license

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26
Q

For a life insurance policy issued in Texas, which of the following statements is correct?

A
Failure to pay the policy loan will void the policy

B
The policy does not have to be assigned to qualify for a loan

C
The premiums must be paid for 3 years before the insured qualifies for a policy loan

D
A policy loan does not have to be secured by the policy

A

C
The premiums must be paid for 3 years before the insured qualifies for a policy loan

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27
Q

For a group health benefit plan issued in Texas, which of the following statements about chemical dependency coverage is true?

A
Coverage limits must be equal to the same dollar limits as provided for physical illness

B
Coverage may be more limited than coverage for physical illness

C
Treatment may be accompanied by a higher copay than treatment for physical illness

D
Coverage cannot be less favorable than coverage for physical illness

A

D
Coverage cannot be less favorable than coverage for physical illness

28
Q

An agent who lives in another state and wants to transact business in Texas must obtain which of the following licenses?

A
Limited lines

B
Resident

C
Temporary

D
Nonresident

A

D
Nonresident

29
Q

In Texas, if a buyer’s guide and the disclosure document are not provided at or before the time of application for a life insurance policy, how long is the applicant’s free look period?

A
15 days

B
10 days

C
20 days

D
30 days

A

A -
15 days

30
Q

The continuing education requirements for Texas licensees requires what percentage of credit hours to be completed in a classroom or classroom equivalent setting?

A
50%

B
10%

C
75%

D
25%

A

A
50%

31
Q

in Texas, commissions may be paid:

A
In addition to a fee from the same client

B
To the holder of a temporary license on a sale made to an individual with whom the licensee has a business relationship

C
To a licensed agent for the sale of insurance to a non-related individual

D
By an insurer to an agent who is not licensed, but is appointed by the insurer

A

C
To a licensed agent for the sale of insurance to a non-related individual

32
Q

If a creditor forces a debtor to purchase insurance from a specific insurer or agent as a condition for a loan, the creditor is most likely guilty of

A
Controlled business

B
Rebating

C
Coercion

D
Discrimination

A

C
Coercion

33
Q

In Texas, when the Commissioner cancels or revokes the authorization of an insurer, they may also do all of the following except:

A
Issue a cease and desist order

B
Order the licensee to pay restitution

C
Refer the matter to the attorney general for enforcement of any unpaid penalty

D
Suspend the Certificate of Authority for up to 5 years

A

D
Suspend the Certificate of Authority for up to 5 years

**only up to 1 year suspension

34
Q

A licensed life insurance agent in Texas can share commissions with which of the following?

A
Another licensed life insurance agent in Texas who assisted with the sale

B
A person holding a temporary license

C
A licensed property and casualty agent who referred the client

D
An insurance counselor who charged a fee for recommending the policy

A

A
Another licensed life insurance agent in Texas who assisted with the sale

35
Q

The Texas Department of Insurance requires all licensees to:

A
Engage in the business of insurance for the sole purpose of transacting insurance with family members

B
Complete 40 hours of prelicensing education

C
Obtain a Certificate of Authority

D
Be honest, trustworthy, and reliable

A

D
Be honest, trustworthy, and reliable

36
Q

Providing different benefits to insureds of the same actuarial class or hazard category is an example which of the following types of unfair trade practice?

A
False statements

B
Unfair discrimination

C
Defamation

D
Unfair comparison

A

B
Unfair discrimination

37
Q

An agent’s license expires how many years after the date the license was issued in Texas?

A
3

B
1

C
4

D
2

A

D
2

38
Q

An agent must submit to the replacing insurer all of the following, except:

A
A signed statement indicating if replacement is involved

B
A copy of the existing policy

C
A copy of the notice regarding replacement

D
A statement identifying insurer-approved sales materials used

A

B
A copy of the existing policy

39
Q

In a replacement transaction, which of the following is a duty of the replacing insurer?

A
Submit a statement, signed by the applicant and the agent, regarding whether the applicant has existing policies

B
Initiate the application for a replacement

C
Leave a copy of all sales materials with the applicant

D
Maintain copies of the notice regarding replacement for 5 years

A

D
Maintain copies of the notice regarding replacement for 5 years

40
Q

According to the Texas Insurance Code, which insurance company is organized or incorporated in Canada?

A
An admitted insurer

B
An alien insurer

C
A foreign insurer

D
A domestic insurer

A

B
An alien insurer

41
Q

Which type of insurance company is owned by its policyholders?

A
Stock insurer

B
Admitted insurer

C
Mutual insurer

D
Non-admitted insurer

A

C
Mutual insurer

42
Q

With respect to advertising requirements, all of the following are allowable unless the insurer:

A
Includes the terms investment, savings plan, or profit sharing

B
Advertises preferred rates to classes of policyholders based on certain qualifications

C
Solicits nonpaid testimonials representing the personal opinion of the author

D
Uses the term “invitation to contract”

A

A
Includes the terms investment, savings plan, or profit sharing

43
Q

Which of the following is incorrect regarding provisions for life policies?

A
The policy must have a legal action time limit of 2 years

B
The policy must have a grace period of at least 31 days

C
The policy may not include a provision for reinstatement

D
The policy must be incontestable after 2 years from the effective date of coverage

A

C
The policy may not include a provision for reinstatement

44
Q

Producer A tells their clients, falsely, that a rival insurer does not pay claims in a timely fashion. This is an example of what Unfair Trade Practice?

A
Misrepresentation

B
Defamation

C
Unfair Discrimination

D
Rebating

A

B
Defamation

Defamation is the publication or circulation of a statement that is false, maliciously critical of, or derogatory to the financial condition of an insurance company if it is intended to injure any individual or organization engaged in the business of insurance. Defamation includes the aiding, abetting, or encouragement of such a statement whether it is made verbally or in writing

45
Q

Which of the following actions is an example of commingling?

A
A producer alters financial statements

B
A producer shares their commission with an unlicensed individual

C
A producer deposits premium funds into their personal account

D
A producer forwards premium funds to the insurer

A

C
A producer deposits premium funds into their personal account

Commingling is an unethical act of mixing personal funds with funds belonging to the insurance company. Depositing premium funds into a personal account is an example of commingling.

46
Q

In Texas, an agent’s license expires on the _____ anniversary of the date the license was issued.

A
Third

B
Second

C
First

D
Fifth

A

B
Second

47
Q

In Texas, an agent’s appointment:

A
Is valid for a maximum of 2 years

B
Can only be cancelled if the agent fails to write new business

C
Must be renewed before the license expires

D
Remains in force until terminated or withdrawn

A

D
Remains in force until terminated or withdrawn

48
Q

In Texas, holding which of the following professional designations will exempt a person from taking the life licensing examination?

A
Certified Insurance Consultant (CIC)

B
Chartered Life Underwriter (CLU)

C
Certified Financial Analyst (CFA)

D
Chartered Financial Consultant (ChFC)

A

B
Chartered Life Underwriter (CLU)

49
Q

In TX, an individual may be denied a license by the Department for all of the following reasons, except if the individual has:

A
Obtained a license by fraud or misrepresentation

B
Actively engaged in soliciting and writing insurance for the general public

C
Been convicted of a felony

D
Offered a premium rebate to an insured

A

B
Actively engaged in soliciting and writing insurance for the general public

50
Q

Which condition must be met before a corporation may apply for an agency license in Texas?

A
The corporation must have the ability to pay any amount up to $125,000 based on a negligent act, error, or omission

B
At least one principal employee of the corporation must have an individual agent’s license in the same or greater line of authority as the agency

C
All employees must be licensed individually in the same or greater line of authority as the agency

D
Only the home office of the company acting under the authority of the license must be registered with the Commissioner

A

B
At least one principal employee of the corporation must have an individual agent’s license in the same or greater line of authority as the agency

51
Q

All insurance carriers authorized in Texas must be examined by the Department at least once every how many years?

A
3

B
1

C
5

D
7

A

C
5

52
Q

General life, accident, and health agents in Texas must complete a minimum of how many continuing education hours per renewal period?

A
40

B
15

C
20

D
24

A

D
24

53
Q

Under Texas Nonforfeiture Law, a cash surrender payment may be deferred up to:

A
3 months

B
6 months

C
12 months

D
2 years

A

B
6 months

54
Q

A licensed agent is required do which of the following before transacting insurance in Texas?

A
Obtain an appointment from an insurer

B
Obtain an insurance counselor’s license

C
Pass an appointing exam

D
Obtain a Certificate of Authority

A

A
Obtain an appointment from an insurer

55
Q

If the Texas Department of Insurance addresses a reasonable inquiry made to an insurer, the insurer must respond in writing no later than how many days after receipt?

A
20

B
15

C
30

D
10

A

B
15

56
Q

An insurance company in Texas has received a claim from an insured. Within how many days must they acknowledge the claim before it is considered an Unfair Claims Settlement Practice?

A
15 calendar days

B
10 business days

C
10 calendar days

D
15 business days

A

D
15 business days

57
Q

An automatic fine of $50 per credit hour applies if a licensee fails to comply with what CE requirement?

A
Issue a course completion certificate within 60 days of completing a course

B
Complete the required number of CE hours during a licensing period

C
Obtain a life and health license during the first licensing period

D
Prepare 30 course completion certificates during a licensing period

A

B
Complete the required number of CE hours during a licensing period

58
Q

Inducing a policy holder to terminate a policy in exchange for a less favorable one is an example of which unfair trade practice?

A
Coercion

B
Rebating

C
Misrepresentation

D
Defamation

A

C
Misrepresentation

59
Q

If a Texas agent fails to complete their continuing education on time, which of the following is required for license renewal?

A
Pay a fine of $50 per hour up to $500 for any deficient hours and complete continuing education hours within 90 days of license expiration

B
Pay a $500 fine and complete continuing education hours within 12 months of license expiration

C
Pay a fine of $50 per hour up to $500 for any deficient hours and complete continuing education hours within 60 days of license expiration

D
Pay a $50 fine per hour, retake the state exam, and reapply for an insurance license

A

A
Pay a fine of $50 per hour up to $500 for any deficient hours and complete continuing education hours within 90 days of license expiration

60
Q

After passing the licensing exam in Texas, what is the maximum time an applicant has to submit an application to the Department of Insurance?

A
9 months

B
6 months

C
12 months

D
3 months

A

C
12 months

61
Q

When based on sound actuarial principles, insurance rate classifications in Texas may be determined by all of the following characteristics, except:

A
National origin

B
Marital status

C
Geographic location

D
Age

A

A
National origin

62
Q

Which of the following is responsible for approving specific continuing education courses and credits in Texas?

A
The Texas Department of Insurance

B
The Texas Attorney General

C
The National Association of Insurance Commissioners

D
The Texas Guaranty Association

A

A
The Texas Department of Insurance

63
Q

A temporary agent license may be issued in Texas:

A
To a nonresident looking to solicit insurance in this state

B
If the agent is sponsored for an appointment by an insurer

C
To a surviving spouse of a deceased agent

D
To a licensing candidate who is unable to pass the licensing exam

A

B
If the agent is sponsored for an appointment by an insurer

64
Q

A corporation applying for an agency license in Texas must meet which of the following requirements?

A
At least one officer or active partner is individually licensed in the same or greater line of authority as the agency

B
All employees must be licensed individually in the same or greater line of authority as the agency

C
Only the home office of the business entity being licensed as an agency must be registered with the Department

D
The company must be incorporated for at least 5 years prior to applying for the license

A

A
At least one officer or active partner is individually licensed in the same or greater line of authority as the agency

65
Q

Who is not eligible for an agent license in Texas?

A
An applicant intending to be actively engaged in the business of insurance

B
An applicant intending to solicit insurance to the general public

C
A 17-year-old who passed the licensing exam 6 months ago

D
A 43-year-old who submitted the appropriate application and fees 1 month ago

A

C
A 17-year-old who passed the licensing exam 6 months ago

66
Q

How many days’ notice must the Commissioner give before holding a hearing regarding a request to contest a cease and desist order issued in Texas?

A
45

B
20

C
30

D
15

A

C
30