Which of the following is a requirement for obtaining a Texas insurance agent's license? Under the Nonforfeiture Law, a cash surrender value payment may be deferred by the insurance company for NO LONGER than how many months? Selling shares of stock. countyrealpropertymunicipalityinfrastructurespecialdistrictrevitalizationzoninggentrificationmarketvaluemetropolitangovernment\begin{array}{ll}\text { county } & \text { real property } \\ \text { municipality } & \text { infrastructure } \\ \text { special district } & \text { revitalization } \\ \text { zoning } & \text { gentrification } \\ \text { market value } & \text { metropolitan government }\end{array} Chamber of Commerce of the United States of America v. United States Department of Labor., Eversheds Sutherland. Which of the following groups may not be insured by a group life insurance policy? If a member of a board of directors is found to be in breach of their fiduciary duty, they can be held liable in a court of law by the company itself or its shareholders. Which action will a life insurance company most likely take if an insured dies and it is discovered that the insured's age was misstated on the application? DirectmaterialsDirectlaborVariableoverheadFixedoverhead$123,00093,00065,00051,000. 50% of continuing education must be spent in a classroom setting. If this individual has an IRA what is the maximum deductible IRA contribution allowable, The phrase "transacting business" includes. Board members must refrain from personal or professional dealings that might put their own self-interest or that of another person or business above the interest of the company. Broker-dealers, who are often compensated by commission, generally only have to fulfill a suitability obligation. an insured. The requirement that agents not commingle insurance monies with their own funds is known as. Examples and Types Explained, 5 Common Misconceptions About Fiduciaries, Ethical Standards You Should Expect From a Financial Advisor. A similar fiduciary duty can be held by corporate directors, as they can be considered trustees for stockholders if on the board of a corporation, or trustees of depositors if they serve as the director of a bank. insurance issued on a debtor to cover outstanding loan balances. Estate arrangements and implemented trusts involve both a trustee and a beneficiary. Who has the right to change a revocable beneficiary? The insurance commissioner must give how many days notice prior to holding a hearing regarding an agent's unfair or deceptive practice? This item is part of Moore Auctioneering Spring Gun Auction. The attorney/client fiduciary relationship is arguably one of the most stringent. valued at their fair value with variations in value recognized in the income statement.". ''Fiduciary and Related Services,'' beginning Decem-ber 31, 2001. All of the following statements about health coverage for newborns are correct EXCEPT. Which of the following is NOT a required provision in group life policies? The tests cover such subjects as forms of ownership, physical descriptions, valuation and regulation. which of these is not an example of doing insurance business? Fiduciary duty is the requirement that certain professionals, like lawyers or financial advisors, work in the best financial interest of their clients. Originally proposed in 2010, it was scheduled to go into effect between April 10, 2017, and Jan.1, 2018. An agent owes a duty to use reasonable diligence in forwarding information that has been requested by the insurer or is material to the insurance. C) Completing pre-licensing training. Which of these provisions is NOT required in life insurance policies? DOL Fiduciary Rule.. \text { Direct labor } & 93,000 \\ Suppose we randomly survey 20 pages. An Employee is covered under a company group life plan with a $50,000 death benefit. Credit Life insurance can be best described as insurance issued on a debtor to cover outstanding loan balances. Fiduciary Responsibility and Record-Keeping. Casebolt Company wrote off the following accounts receivable as uncollectible for the first year of its operations ending December 31: CustomerAmountShawnBrooke$4,650EveDenton5,180ArtMalloy11,050CassieYost9,120Total$30,000\begin{array}{lr} A guardian is appointed by the state court when the natural guardian of a minor child is not able to care for the child any longer. A Health Maintenance Organization (HMO) may issue an Evidence of Coverage form after it has been approved by the Commissioner of Insurance. This is defined as making recommendations that are consistent with the needs and preferences of the underlying customer. In Texas, how long must a policy be in force before an insurance company must pay death benefits for suicide? Which of these provisions is NOT required in life insurance policies? 6 [Months] Pay the fee established by the insurance code B. Insurance agent has a fiduciary responsibility to all of the following EXCEPT? Even while the beneficiary has no knowledge, the trustee has a fiduciary duty to invest the corpus according to the prudent person standard of conduct. Which of these is NOT an example of doing insurance business? Who is liable when an insured suffers a loss on a policy sold by an agent through an insurer not authorized to conduct business in Texas? When the applicant receives the policy and pays the initial premium. Why must an insurance applicant answer all questions on the application? Fiduciary Relationship Between Trustee and Beneficiary, Fiduciary Relationship Between Board Members and Shareholders, Fiduciary Relationship Between Executor and Legatee, Fiduciary Relationship Between Guardian and Ward, Fiduciary Relationship Between Attorney and Client, Fiduciary Relationship Between Principal and Agent, Regulation Best Interest (BI): Definition, Broker Obligations, What Is a Trustee? Circuit Court. The highest legal duty of one party to another, it also involves being . Under a trustee/beneficiary duty, the fiduciary has legal ownership of the property or assets and holds the power necessary to handle assets held in the name of the trust. ___ of continuing education MUST be completed in the classroom or classroom equivalent. An individual whose license has been denied or revoked cannot apply again for an agent's license for at least 5 years. what kind of contract is this? 10%. Library of Congress. The implementation phase is usually performed with the assistance of an investment advisor or adviser because many fiduciaries lack the skill or resources to perform this step. Which of the following actions does the Commissioner of Insurance NOT have the power to conduct? An agent generally has a duty to act as a reasonably prudent agent would act in the same or similar circumstances. \text { Eve Denton } & 5,180 \\ Any agent that sells an insurance policy for an unauthorized insurer runs the risk of being responsible for unpaid claims if the unauthorized insurer does not pay. Insurance agents and brokers may owe a fiduciary duty to both to the companies they represent and to the insurance . More than one Insurer. The primary responsibility of fiduciaries is to run the plan solely in the interest of participants and beneficiaries and for the exclusive purpose of providing benefits and paying plan expenses. other agents. Life insurance companies are required to establish and maintain an anti-money laundering compliance program according to which federal regulation? Study with Quizlet and memorize flashcards containing terms like A producer owes a fiduciary duty to: A. the customer only B. both the insurer and the customer C. neither the insurer nor the customer D. the insurer only, With respect to the field of insurance, who are the two parties bound by the law of agency? With whom may an agent legally share commissions? The suitability standard can end up causing conflicts between a broker-dealer and a client. Under Texas insurance law, the term " transacting business" includes collecting premiums. The first requirement above will not be satisfied if the purported agent or the custodian has entered into a debtor/creditor relationship with the purported owner as opposed to an Everyone makes mistakes, and insurance agents are not immune. B. destruction or condemnation of the property. countymunicipalityspecialdistrictzoningmarketvaluerealpropertyinfrastructurerevitalizationgentrificationmetropolitangovernment. What is required for an agent whose license has been revoked? Client Relationships. They still have an obligation to prudently select and monitor the activities of the expert. Attorneys are held liable for breaches of their fiduciary duties by the client and are accountable to the court in which that client is represented when a breach occurs. While it may seem as if an investment fiduciary would be a financial professional (money manager, banker, and so on), an investment fiduciary is actually any person who has the legal responsibility for managing somebody elses money. T is covered by an Accidental Death and Dismemberment (AD&D) policy that has an irrevocable beneficiary. Texas courts have defined the duty owed to the insured as follows: "An agent owes his clients the greatest possible duty. While recognizing the general rule in Florida that there is no duty for an agent to offer advice to his customer, the Court in Marsh recognized that when the agent and his customer have a "special relationship" the agent has a duty to give the customer advice. Law 2121 (a) (McKinney 2000), a premium payment made to an insurance broker is deemed to be payment made to the insurer. Duty of loyalty requires that directors should not put other interests, causes, or entities above the interest of the company and its shareholders. An agent who tells a client that dividends are guaranteed may be guilty of misrepresentation. The agent and the company Which of the following is NOT grounds for termination of an agency relationship. What type of annuity is this? The premium has not been paid by the insured. Mar 6, 2022 - A cfo would have all of the following responsibilities except - A CFO would have all of the following responsibilities except O A. investing in new production D . When you hire an insurance broker, they work directly for you - not the insurance companies. An agent that counsels the insured on needed coverages, thereby creating a "special relationship" with the insured as an insurance consultant, can be held liable for failing to mention a coverage that the insured does not have in effect at the time of a loss. A license may be denied, suspended, or revoked if the licensee. send termination notice to the Texas Department of Insurance. 24 [hours] In most states, a guardian/ward relationship remains intact until the minor child reaches the age of majority. For an agent to be legally liable for negligence, the injured party (the plaintiff) must prove the following: General Duty to Act Reasonably. Which of the following is NOT included in a life insurance illustration? (2) Except to the extent otherwise required in subsection (b) of this Section a fiduciary shall not be responsible or liable for an act or omission, in connection with a specific fiduciary activity, by any . Duty of loyalty means the board is required to put no other causes, interests, or affiliations above its allegiance to the company and the companys investors. Suicide may not be a defense against payment after the second year. It is his duty to keep his clients fully informed so that they can remain safely insured at all times." A fiduciary's responsibilities include: acting solely in the interest of the participants and their beneficiaries; acting for the exclusive purpose of providing benefits to workers participating in the plan and their . denying an insured's claim without indicating the basis of denial under the policy, A foreign insurance company is one that is incorporated. All the following statements regarding apparent authority are correct EXCEPT: When first meeting prospective insurance applicants, a producer must give them a document that explains the general features, benefits, and conditions of the type of insurance being considered, which is called a, GENERAL INSURANCE PRINCIPLES class3 INSURANCE, Quiz: Riders Covering Additional Insureds, Individual Disability Income Policy Provisions, Quiz: Insurance for Seniors and Special Needs, Fundamentals of Financial Management, Concise Edition, Marketing Essentials: The Deca Connection, Carl A. Woloszyk, Grady Kimbrell, Lois Schneider Farese, Donald E. Kieso, Jerry J. Weygandt, Terry D. Warfield. The very complexity of the insurance business creates numerous opportunities for errors and omissions to creep into an agency's operation. Which of the following statements about health coverage for newborns is NOT true? f(x1+x)f(x1)x;\frac{f(x_1+\Delta x)-f(x_1)}{\Delta x};xf(x1+x)f(x1); given x1=2x_1=2x1=2 and x=1\Delta x=1x=1. "These are financial assets held by the Group in order to make a short-term profit on the sale. Because the agent handles money of the insured and insurer, he/she has a fiduciary responsibility. Delay in forwarding information. The Commissioner of insurance has the power and duty to take all of these actions EXCEPT activate insurance companies' financial reserves. What action will the insurance company take if T requests a change of beneficiary? A creditor who requires a debtor to obtain insurance from a particular company or agent as a condition for a loan is guilty of coercion. Denying an insured's claim without indicating the basis of denial under the policy is considered an unfair claim settlement practice. Assets held in or administered by the branch or agency's trust department are excluded from all of the other schedules of this report except when trust funds are deposited by the trust department of the reporting institution. The agency/company contract creates a "special relationship" between the agent and insurer, thereby increasing the required degree of care. Even after it reasonably investigates all the options before it, the board has the responsibility to choose the option that it believes best serves the interests of the business and its shareholders. The plan must provide an offset for social security benefits. She would now like to reinstate the policy. Every 12-months after the initial enrollment period, an HMO must hold an open enrollment period of. Contrary to popular belief, there is no legal mandate that a corporation is required to maximize shareholder return. Similarly, investors act as principals when selecting investment fund managers as agents to manage assets. 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