Texas Statutes and Rules Common to All Lines Flashcards

1
Q

What are the most common PENALTIES for VIOLATIONS OF INSURANCE STATUTES?

A

A cease and desist order, a fine, and license suspension or revocation

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2
Q

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. What is the company guilty of?

A

Misrepresentation

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3
Q

What illegal act does a producer commit when the producer represents a policy IN A MORE FAVORABLE LIGHT than the policy really is?

A

Misrepresentation

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4
Q

If an insurer meets the state’s financial requirements and is approved to transact business in the state, it is considered what type of insurer?

A

AUTHORIZED or ADMITTED

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5
Q

What DOCUMENT is required for an insurance company to transact insurance?

A

Certificate of Authority

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6
Q

WHO is responsible for the COSTS associated with the EXAMINATION OF INSURERS?

A

The INSURER who is being examined

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7
Q

What type of insurer is formed under the LAWS OF ANOTHER STATE?

A

Foreign

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8
Q

An agent offers a client free tickets to a sporting event IN EXCHANGE for the purchase of an insurance policy. What is the agent guilty of?

A

Rebating

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9
Q

Who is an INSURANCE AGENT?

A

A person authorized to sell, solicit and negotiate insurance contracts

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10
Q

What is the PURPOSE of a CEASE AND DESIST ORDER?

A

To prevent a producer or insurer from FURTHER VIOLATING LAWS for transacting insurance

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11
Q

To WHOM may a CERTIFICATE OF AUTHORITY be issued?

A

To an INSURER authorized to transact business in THIS STATE

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12
Q

If the Commissioner/Superintendent finds a licensee engaging in an unfair method of competition or an unfair practice, what order will be issued?

A

Cease and desist order

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13
Q

In general, who can be excluded from producer licensing and examination requirements?

A

Insurance company officers, directors, or any other employees who do not transact insurance and who do not receive commissions for their services (usually, their responsibilities include administrative, executive or clerical).

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14
Q

Who must be notified of a PRODUCER’S CHANGE OF ADDRESS?

A

The Department of Insurance (Commissioner/Director/Superintendent)

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15
Q

When is CONTROLLED BUSINESS LEGAL?

A

When the COMMISSIONS from controlled business DO NOT EXCEED the AGGREGATE COMMISSIONS on ALL THE OTHER BUSINESS (specific limits may vary from state to state)

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16
Q

Who may SHARE IN THE COMMISSION from the sale of an insurance policy?

A

Only PRODUCERS PROPERLY LICENSED for the type of insurance transaction

17
Q

The requirement that agents must account for and promptly remit all insurance funds collected is known as what type of agent responsibility?

A

Fiduciary

18
Q

When would a MISREPRESENTATION ON AN INSURANCE APPLICATION be considered FRAUD?

A

When it is INTENTIONAL AND MATERIAL

19
Q

If an insurer holds a CERTIFICATE OF AUTHORITY, it is known as WHAT TYPE OF INSURER?

A

AUTHORIZED or ADMITTED

20
Q

What is CONTROLED BUSINESS?

A

Insurance on the PRODUCER’S OWN LIFE OR PROPERTY, or the LIVES OR PROPERTY of the PRODUCER’S FAMILY OR BUSINESS ASSOCIATES

21
Q

Which type of misrepresentation persuades an insured, to his or her detriment, to cancel, lapse, or switch policies from one to another?

A

Twisting

22
Q

A state-issued document empowering an insurance company to become an admitted insurer is called what?

A

Certificate of Authority

23
Q

Who is considered a nonresident agent?

A

An agent who RESIDES and is LICENSED IN ANOTHER STATE, but who is AUTHORIZED TO TRANSACT INSURANCE in THIS STATE

24
Q

If a producer makes MALICIOUSLY CRITICAL STATEMENTS about ANOTHER INSURER, what is this ILLEGAL PRACTICE called?

A

Defamation

25
Q

Two individuals who are in the same risk and age class are charged different rates for their insurance policies due to an insignificant factor. What is this called?

A

Discrimination

26
Q

Who owns stock companies?

A

Stockholders

27
Q

Insurers are classified according to their DOMICILE. What are the THREE TYPES OF INSURERS?

A

Domestic, foreign, and alien

28
Q

What TYPE OF LICENSEE represents the INSURANCE COMPANY?

A

The agent

29
Q

WHEN can the Commissioner or Director EXAMINE INSURERS?

A

Whenever deemed necessary, but at least once every few years (please check your state regulations for specific time requirement)

30
Q

What are PRODUCERS required to do in order to RENEW THEIR LICENSE?

A

Complete CONTINUING EDUCATION HOURS and PAY A RENEWAL FEE