State Specific Flashcards
Insurance Producer must:
Be at least 18, not committed any act that would result in license revocation, completed prelicensing course for the lines applied for, pay applicable fees, successfully passed the exam for the lines applied for.
Lines of Authority
Life, Accident and health or sickness, property, casualty, variable life and variable annuity products, personal lines, credit, ad other line of insurance permitted under state laws or rules.
Required Fees
Application Fee = $10
Producer’s Appointment Fee = $5 Annually
License Exam Fee = $10
Insurance Counselor License = $10 Annually
Surplus Lines Agent License = $100 Annually
License Not Required
Producer’s license is not required of employees, officers, and directors who do not transact insurance, do not receive commissions and who engage in tasks indirectly related to the transaction of insurance.
Does soliciting insurance require a license?
Yes
Do you need a high school diploma to be licensed?
No.
Waived Exam
Limited license, has been licensed in the preceding 12 months, has obtained the CPCU, CLU, CIC or other professional designations, or has an associate’s, bachelor’s, or master’s with a concentration in insurance from an approved institution.
Nonresident Producer Requirements
Currently licensed and in good standing in home state, submitted the proper request and paid applicable fees, submitted to the Director the application for licensure that was submitted to their state, licensed in a state that awards nonresident producer licenses to residents of MI on the same basis.
How many days must a resident producer or non resident who moves from one state to another have to file a change of address?
30 Days
Exemption from Education and Exam
If an applicant is currently licensed in their originating state or if they have applied for a Michigan license within 90 days of their previous license cancellation, have established legal residency in Michigan, and have maintained good standing in their previous state of residence.
What is a business entity?
A corporation, association, partnership, limited liability company, limited liability partnership, or other legal entity.
How does a business entity get approved for a license?
Pay applicable fees, designate an individual licensed producer responsible for the business entity’s compliance, and not commit any act that would result in license revocation.
What is an insurance counselor?
Person who provides advice, counsel or opinion with respect to benefits promised, coverage afforded, or terms of a policy of insurance or annuity. Must be licensed.
How does an insurance counselor license get approved?
Must possess a reasonable understanding of Michigan insurance laws, a good business reputation. Has not committed any act that would result in license revocation. Has completed prelicensing course for lines of insurance applied for. Paid applicable fees. Successfully pass the exam for the lines of insurance applied for.
Written Agreement between Counselor and Client
Before rendering services, counselor must prepare a written agreement signed by counselor and client outlining the nature of the work to be performed by the counselor and the fee. Agreement must clearly state that the fee may not be waived under any circumstance and will disclose that the counselor will receive a commission from the insurer on any insurance plan placed by the counselor acting as an agent. MUST RETAIN A COPY FOR 2 YEARS AFTER COMPLETION,
License Duration
Insurance producer license will remain in effect unless revoked or suspended as long as education requirements are met. An individual producer who allows their license to lapse for a reason other than meeting education requirements may reinstate the same license no later than 12 months after the date of lapse without passing a written exam.
What must be on a license?
Licensee’s name, address, personal ID number, date of issuance, license qualification, the expiration date, and any other info the Director considers necessary.
Change of Name and Address
Applicant must report mailing and electronic mail addresses to the director, must notify changes within 30 days.
Report of Actions
Licensed agent must report any disciplinary action within 30 days of occurrence. Failure to report may result in suspension or revocation of license.
Assumed Names
Must report assumed names.
What are the continuing education requirements?
Minimum of 24 credit hours, 3 of which must be in ethics every 2 years. No more than 12 hours can carry over to the next 2 year review period. No carry over for ethics.
Nonresident Producer continuing education
If satisfied in home state, it carries over.
Exceptions to continuing education
Unable to comply with requirements due to military service.
If the requirements would cause a severe hardship.
If licensed to write only travel or baggage insurance policies but employment is for another purpose.
Only licensed for limited line credit insurance.
Grace Period for continuing education
90 days from expiration if license. During that 90 days, may not sell new insurance policies, bind coverage, or act as a producer except with old policies. If license has been cancelled due to failure to meet the CE requirements, they can reapply for their license within the immediately preceding 12 months of cancellation.
Long Term Care Education Requirements
If duties include transacting long-term care insurance must complete a one-time initial 8 hour long-term care training course before selling, soliciting, or negotiating long-term care insurance. 4 hours of ongoing training every 2 years.
Producer Appointment
A producer may not act as an agent unless they are appointed as an agent by the insurer. When an insurance producer is not acting as an agent of the insurer, they are not required to become appointed. An insurance producer may not bind coverage for an insurer unless the insurance producer is appointed by the insurer.
Notice of Appointment
Must be sent to the Director for a producer to become an agent. Must contain the qualifications held by the producer. Appointing insurer must file a notice of appointment 15 days after contract is executed or when app is submitted. Director will determine within 30 days, if producer is not eligible it will only take 5 days. Appointment and renewal fees for each appointed producer.
Termination of Appointment
An insurer who terminates an appointment, employment, contract, or other insurance business relationship with a producer must notify the Director within 30 days after the effective date of the termination.If the insurer discovers additional information regarding the termination, during further review or investigation, that would be deemed reportable by the Director, the insurer must relay such information to the Director immediately in an approved format.
Within 15 days after notifying the Director of termination of appointment, the insurer will mail a copy of the notification to the producer. If a producer’s authority to represent an insurer is terminated, the responsibility of an insurance producer having property rights in the renewal will continue until the existing policies of insurance are cancelled, replaced, or have expired.
Authority of Terminated Producer
May service existing policies until they are cancelled, replaced, or expired. May not bind a new risk, renew, or increase the obligation of the insurer without approval. The insurer may not cancel or refuse a new policy because of termination of producer’s contract.
An insurer transacting automobile insurance or home insurance in Michigan may not cancel and insurance producer’s contract or terminate their authority to represent the insurer with respect to automobile and homeowners insurance except for 1 or more of the following reasons:
Malfeasance
Breach of duty or trust
A violation of the insurance code
Failure to meet the terms of the contract between the parties
Submission of less than 25 applications for auto and home insurance within the preceding 12-month period
Commissions
May not be paid to anyone who is not licensed.
Notice of Denial
Before denying an application for a license, the Director must notify the applicant or licensee of the denial in writing, including the reason for the denial. Not later than 30 days after this notice, the applicant or licensee may request a hearing before the Director to determine the reasonableness of the Director’s action.
Notice of Hearing
When a person has engaged in an unfair or deceptive act or practice, and the Director determines that a hearing would be in the interest of the public, the Director will give notice in writing to the person involved, including the general nature of the complaint and the proceedings contemplated.
If an unfair or deceptive practice is not specified in the insurance code, the Director may still serve upon the violator a statement of the charges and a notice of a hearing of at least 15 days.
The Director may issue subpoenas to require attendance and testimony of witnesses and the production of documents necessary to conduct a hearing. The subpoenas may be enforced by the circuit court.
Summary Suspension
Without prior hearing, the Director may order summary suspension of a license if they find that protection of the public requires emergency action and incorporates this finding in their order. The suspension will become effective on the date specified in the order or upon service of a certified copy of the order on the licensee, whichever is later. If requested, the Director may conduct a hearing on the suspension not later than 20 days after the suspension, unless the person whose license is suspended requests a later date. The Director will announce their decision within 30 days after conclusion of the hearing. The suspension will continue until the decision is announced.
Insurer Violation
When it appears to the Director that any person has committed a violation of insurance law which makes the continued operation of an insurer contrary to the interests of policyholders or the public, the Director, after giving notice and an opportunity to be heard, may suspend, revoke or refuse to renew the insurer’s license or authority to do business in Michigan.
Penalties
Payment of a monetary penalty of not more than $1,000 per violation, not to exceed $10,000 for the same violation
Payment of a monetary penalty of not more than $5,000 per violation, not to exceed $50,000 for violations committed within a 6-month period if the person knew or reasonably should have known that their actions were a violation
Suspension or revocation of a person’s license if they knowingly and persistently violated any provision of the law
A refund of any overcharges
Restitution to the insured to cover incurred losses, damages, or other harm due to the act of the person in violation
Violation of the statutes regulating rebating and misrepresentation is a misdemeanor, subject to a fine of up to $100 per rebating or inducement violation, or up to $2,000 for each misrepresentation violation. Both types of violation are also subject to a jail term at the discretion of the Director. The amount of the insurance will be reduced in proportion to the value of any rebate.
Cease and Desist Order
If it is determined that a person has engaged in an unfair method of competition, or an unfair or deceptive act or practice, the Director will issue an order requiring the person to cease and desist from engaging in further acts or practices.
If the Director orders a person to cease and desist, the person may file a notice of appeal and may appeal any final order.
If a person knowingly violates a cease and desist order, the Director may order a civil fine of up to $20,000 for each violation, a suspension or revocation of the person’s license, or both. Fines may not exceed a total of $100,000.
Unfair and Prohibited Insurance Trade Practices
Misrepresentation False Information and Advertising Inducement False Statements Deception Boycott, Coercion, Intimidation
Misrepresentation
A person who knowingly makes a misrepresentation will be subject to a fine of up to $2,000 or imprisonment in the county jail.