I.C · The Insurance Marketplace
Unfair trade practices: what an agent must never do
California's Unfair Practices Act (§790 to §790.15) is the rulebook for honest selling. Only the Commissioner enforces it. The deck's memory hook is MFDRSU:
M, Misrepresentation: misstating policy terms, benefits, or the dividends a policy will pay (§790.03(a), §780). Misrepresenting future dividends is a crime under §782.
F, False advertising: any untrue, deceptive or misleading statement in ads, brochures or public statements (§790.03(b)).
D, Defamation-type statements: misrepresenting an insurer's financial condition (§790.03(a)), or publishing a false financial statement of an insurer with intent to deceive (§790.03(d)).
R, Rebating: giving a client part of your commission or something of value to induce a purchase. Many states ban it outright. California is different: Proposition 103 (1988) is recognized in §750(d) as authorizing the rebating of commissions by agents and brokers. Always check current CDI guidance and insurer rules before giving anything of value.
S, Sharing commissions: pay commissions only to persons properly licensed for that business; paying an unlicensed person helps them transact insurance without a license (§1633).
U, Unfair discrimination: treating people of the same class and life expectancy differently in rates or benefits (§790.03(f)). Under §10140(a), life insurers may not refuse, cancel or issue coverage on less favorable terms except for reasons that apply alike to people of every race, color, religion, sex, gender, gender identity, gender expression, national origin, ancestry or sexual orientation. Race, color, religion, national origin, ancestry or sexual orientation cannot by itself justify a higher rate. Sex is treated differently: rate differences by sex are allowed when based on objective, valid, up-to-date actuarial data or sound underwriting practices. Insurers also may not discriminate because of blindness (§10145) or a physical or mental impairment unless based on sound actuarial principles (§10144).
Penalty: up to $5,000 per act, or $10,000 per act if willful (§790.035).
Remember
· MFDRSU: Misrepresentation, False advertising, Defamation, Rebating, Sharing commissions, Unfair discrimination.
· Only the Commissioner enforces the Unfair Practices Act; $5,000 per act, $10,000 if willful.
· Pay commissions only to properly licensed persons.
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