I.C · The Insurance Marketplace
Twisting vs. churning (and other §790.03 practices)
Both twisting and churning replace a policy for the agent's benefit instead of the client's. The difference is which company.
Twisting: using misrepresentation or a misleading comparison to persuade a client to lapse, forfeit or surrender a policy and buy a new one, typically from a different insurer. California prohibits it in §781 and §790.03(a); a violation is punishable by a fine up to $25,000 and up to 1 year in jail (§782).
Churning: replacing a client's policy with another policy from the same insurer, often by using the existing cash value, mainly to generate new commissions. Same-company replacements are not exempt from disclosure: the agent must still collect the replacement statements, give the replacement notice, and leave a written comparison of premiums, cash values, death benefits, loans and dividends before and after the replacement (§10509.3(a)(5)). For anyone 65 or older, recommending an unnecessary replacement annuity that triggers a surrender charge without a substantial financial benefit is itself a violation (§10509.8).
Other practices listed in §790.03 that the deck groups here:
Boycott, coercion or intimidation that unreasonably restrains the insurance business (§790.03(c)).
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)).
Misrepresenting policy terms, benefits or dividends, and false advertising (§790.03(a), (b)).
Rebating: see the unfair practices page; California's rules differ from most states.
Remember
· Twisting = misleading replacement, usually across insurers; churning = replacement within the same insurer for commissions.
· Same-company replacements still need the notice and a written before/after comparison.
· Boycott, coercion or intimidation = §790.03(c).
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