Chapter recap
The Insurance Marketplace
Types of insurers
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Domestic = California; foreign = another U.S. state; alien = another country.
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Admitted = authorized to transact insurance in CA; nonadmitted = not authorized.
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Mutual → policy dividends to owners; stock → dividends to shareholders.
Five distribution systems
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Direct response = no agent; the customer applies directly.
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Captive = one insurer; independent = several insurers.
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In the managerial system the branch manager is a company employee.
An agent's three types of authority, and fiduciary duty
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Three types of authority: express, implied, apparent.
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Apparent authority comes from the insurer's conduct toward the public.
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§1733: premiums are fiduciary funds; diverting them is theft.
Getting licensed in California: education, exam, denial
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From 1/1/2026: 12 hours of ethics and CA Insurance Code (incl. 1 hour fraud); certificate valid 3 years.
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Pass the exam within 12 months before the license is issued.
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The Commissioner may deny for lack of integrity, misstatements, fraud or a felony conviction.
Who is who: agent, broker, life licensee, analyst, solicitor
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Agent represents the insurer; broker represents the insured (client).
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A life agent acts for an insurer only after a notice of appointment is filed.
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Analyst = fee from non-insurer; life settlement broker = owner's fiduciary (a life agent licensed 1+ year qualifies by notice and $85); no life solicitor license.
Keeping your license: term, renewal, CE and reporting
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2-year term; CE 24 hours incl. 3 ethics (1 hour fraud); annuity sellers 8 hours first + 4 per renewal.
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Address change: immediately; background change: in writing within 30 days.
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Late renewal allowed up to 1 year after expiration with a delinquent fee.
California penalties you should memorize
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No license: up to $50,000 and/or 1 year. Unfair practice: $5,000 per act ($10,000 willful).
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Cease and desist violation: up to $5,000 ($55,000 willful).
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Replacement/senior violations by an agent: at least $1,000 first; $5,000-$50,000 repeat or knowing.
Unfair trade practices: what an agent must never do
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MFDRSU: Misrepresentation, False advertising, Defamation, Rebating, Sharing commissions, Unfair discrimination.
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Only the Commissioner enforces the Unfair Practices Act; $5,000 per act, $10,000 if willful.
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Pay commissions only to properly licensed persons.
Federal rules: FCRA and the Section 1033 prohibited-person rule
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FCRA: consumer report vs. investigative consumer report (interviews).
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7-year/10-year reporting limits do not apply to life insurance of $150,000 or more.
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§1033: felony of dishonesty needs written consent to work in insurance; violation up to 5 years; civil penalty up to $50,000.
Twisting vs. churning (and other §790.03 practices)
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Twisting = misleading replacement, usually across insurers; churning = replacement within the same insurer for commissions.
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Same-company replacements still need the notice and a written before/after comparison.
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Boycott, coercion or intimidation = §790.03(c).
Anti-money laundering (USA PATRIOT Act) for insurance
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SAR: suspicious activity of $5,000+; file with FinCEN within 30 days of detection (max 60); keep 5 years; confidential.
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Cash over $10,000 received: Form 8300.
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Insurer AML program: risk-based controls, compliance officer, ongoing training of agents, independent testing.
Numbers cheat sheet: licensing, CE and training
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Prelicensing 12 hours (from 2026); CE 24 hours every 2 years incl. 3 hours ethics.
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Annuity training 8 + 4; LTC training 8 hours up front and 8 per period after.
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Address change immediately; background changes within 30 days.
Mnemonics, part 3: regulation and tax numbers (corrected)
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Replace 30/3 (not 30/5); IRA 73/25% (not 70½/50%).
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AML: SAR at $5,000+ within 30 days; Form 8300 for cash over $10,000.
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SPIA payments are exempt from the 10% early-withdrawal tax.