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The commissioner of insurance is appointed by
The governor with the support of the Senate
How long is the commissioner of insurance's term
4 years
How often can the commissioner of insurance examine authorized insurance carriers compliance with state laws
As often as needed
During examinations or hearings, the commissioner has the authority to
Take depositions subpoena witnesses administer oaths examine individuals under oath and compel the production of records
Who can be exempt from licensing requirements
Executives managers clerical employees- people who are not actively soliciting or selling insurance
What is an agent
A person appointed by an insurer to sell or solicit insurance products
What is an insurance producer
A person or business entity required to be licensed under Kentucky law to sell solicit or negotiate insurance or annuity contracts
Can an agent be a producer
Yes an agent could be a producer but not all producers are agents
What is a non-resident license
A license issued by the commissioner to a qualified non-resident producer
When a non-resident producer moves to another state, how long do they have to file a change of address
30 days
What are the producer license requirements
Must be at least 18 years old. Have not committed any act that is ground for revocation denial or suspension of a license, complete pre-licensing education, complete application and pay required fee, pass examinations
What is required for a business entity license
The business entity must file a application with the commissioner and pay the required fee, designate an individual licensed agent who will be responsible for their compliance
What is a consultant
A person who provides insurance counseling or advice for a fee paid by the consumer not the company
Do insurance consultants have to be licensed
Yes and must have at least 5 years experience as a licensed agent
What is controlled business
Controlled business is the sale of insurance products by an agent to themselves, family members or employees, AKA people you know personally
Concerning controlled business, at what point will the commissioner not Grant or renew a license
If 50% or more of cases for the agent are controlled business
How often must an agent renew their license
Every 24 months
What is required for an agent to renew their license
24 hours of continued education with 3 hours in ethics
How often do business entities need to renew their license
Business entities must renew their license by March 31st every other year
If a company terminates its relationship with an agent, how long do they have to notify the commissioner
30 days
How many hours of ethics are required for your continued education
Three
How long is a temporary producer's license
180 days
What business can you perform under a temporary producer's license
You can service existing accounts but cannot sell new insurance
How long must license keep complete records
At least 5 years
How long do you have to inform the commissioner's office of a name change or address change
30 days
What must a business entity do if one of their licensees is surrendered or terminated under threat of disciplinary action in regard to their license
Notify the commissioner in writing immediately
If a licensee receives administrative action in another state or criminal prosecution, how long do they have to report it to the commissioner
30 days
What must an insurer do before testing for HIV
Disclose in writing the intent to test the applicant for HIV
How long must an agent or company keep their advertisement material
All ads must be kept for 3 years
What is the first rule of advertising regulation
All advertisements must be truthful and may not imply that policy dividends are guaranteed
It is illegal to offer something of value to entice someone to purchase a policy or upgrade this is called
Rebating
What is the price cap for any gifted prizes, goods where merchandise or property.
$250
If a person appears to be violating the insurance code, the commissioner May issue a
Cease and desist order
Regarding insurance fraud, if the amount of fraud is $500 or less, what is the penalty
Misdemeanor, imprisonment for up to one year, a fine of no more than $100 per individual or $5,000 for corporation
In regards to insurance fraud, if the amount of fraud is greater than $500, what is the penalty
Felony, imprisonment for up to 5 years, a fine fine of no more than $10,000 per individual, or 100,000 per corporation, both imprisonment and a fine
Regarding insurance fraud, if a person is found to estab lish or maintain a criminal syndicate or facilitate any of its activities in organized crime. What is the penalty
Class b. Felony, imprisonment for no less than 10 years and no more than, $10,000 fine per individual or 100,000 per corporation, both imprisonment and a fine
What is the penalty for any person who violates any provision of the insurance code
A sign of no less than $100 or twice the amount of the gain from the commission of the violation, whichever is greater and be subject to revocation of certificate of authority, license or both
In addition to suspension or revocation of any code violation where the commissioner has the power to revoke or suspend a license, the commissioner may also impose what following civil penalties
For insurers up to a $10,000 fine per violation, for agents up to $1,000 per violation, for adjusters up to $2,000 per violation
What is the purpose of the life and health guarantee association
To protect policy owners and beneficiaries against insurers who become financially impaired or insolvent
What is the guarantee association's maximum liability regardless of the number of policies
300,000 in life insurance. Death benefits
What is a replacement
When you reduce the value of a policy in any way so you can purchase another policy
All agents who initiate replacement applications must do what
Fill out notice of replacement, get copies of all existing coverages, make three copies of replacement application, one for record, one for the insurance company and one for the client
How many copies of a replacement application must be made
Three. One for record, one for the insurance company, one for the client
How long is the free look period on replacements
30 days
How long must an insurer keep copies of replacement notices and replacement registers
At least 5 years or until the next examination by the department of insurance, whichever is later
What does the commissioner of insurance do
Protect the public