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Question 1Insurance Regulation
Which official is responsible for enforcing Georgia's insurance laws and supervising the insurers and producers that operate in the state?
- The Attorney General
- The Secretary of State
- The Director of the Department of Community Affairs
- The Commissioner of Insurance Correct answer.
Explanation
Georgia's Commissioner of Insurance is the state's chief insurance regulator, an elected officer who administers the Insurance Code, issues licenses and certificates of authority, conducts examinations, and enforces the unfair trade practice provisions. The other officials listed have general state government duties that do not include insurance regulation.
Question 2Insurance Regulation
An insurer that is formed and organized under the laws of Georgia is classified as which type of insurer?
- A domestic insurer Correct answer.
- An alien insurer
- A foreign insurer
- A surplus lines insurer
Explanation
Domicile determines the classification: an insurer chartered in Georgia is a domestic insurer, one chartered in another state is a foreign insurer, and one chartered in another country is an alien insurer. Surplus lines describes a market segment of eligible nonadmitted insurers rather than a place of domicile.
Question 3Insurance Regulation
Before an insurer may legally transact insurance business in Georgia, it must obtain which of the following from the Commissioner?
- A certificate of authority Correct answer.
- A letter of credit from a Georgia bank
- A certificate of deposit held by the Commissioner
- A surety bond filed with the state
Explanation
A certificate of authority is the license that authorizes an insurer to transact insurance in Georgia, and transacting without one makes the insurer an unauthorized insurer subject to enforcement action. Bonds, letters of credit, and deposits may be required as financial support, but they do not themselves grant authority to do business.
Question 4Insurance Regulation
A producer offers to pay the first month's premium personally for a client who agrees to buy a policy from him. This practice is best described as:
- Twisting
- Coercion
- Rebating Correct answer.
- Defamation
Explanation
Rebating is offering or giving any inducement not specified in the policy itself, such as cash, paying a premium, or furnishing gifts, in order to persuade someone to buy. Twisting is a misrepresentation that induces a policyholder to lapse or surrender existing coverage, while coercion and defamation are separate unfair trade practices.
Question 5Insurance Regulation
A Georgia life insurance policy with premiums payable monthly must include a grace period of at least:
- 7 days
- 10 days
- 30 days Correct answer.
- 60 days
Explanation
Georgia requires a grace period of 30 days where premiums are payable monthly or less frequently, and 7 days where premiums are payable weekly. The policy remains in force throughout the grace period and any unpaid premium may be deducted from the policy proceeds.
Question 6Insurance Regulation
Under Georgia law, an individual life insurance policy delivered in the state must allow the owner to return it for a full premium refund within:
- 30 days
- 10 days Correct answer.
- 15 days
- 20 days
Explanation
Individual life policies delivered in Georgia carry a free-look right of at least 10 days from delivery, during which the owner may return the policy and receive a refund of the premium paid. When the policy is returned, the coverage is treated as void from the outset.
Question 7Insurance Regulation
After a life insurance policy has been in force for two years from its date of issue, the insurer generally may no longer contest the policy on the basis of:
- Material misrepresentation in the application Correct answer.
- Nonpayment of premium
- Failure to pay a policy loan
- Fraudulent claims filed after issue
Explanation
The incontestability provision bars the insurer from rescinding a policy for misstatements in the application after the policy has been in force two years during the insured's lifetime. Nonpayment of premium and unpaid loans remain valid grounds to terminate or reduce coverage, and fraud committed in claiming benefits is addressed separately.
Question 8Insurance Regulation
Which of the following is a requirement for an applicant seeking a Georgia resident insurance producer license?
- A minimum of 18 years of age Correct answer.
- Residency in an adjoining state
- A surety bond filed with the Commissioner
- A college degree in business
Explanation
Georgia requires resident producer applicants to be at least 18 years old, complete the required prelicensing education, pass the licensing examination, and meet character and fitness standards. A college degree, an out-of-state residence, and a surety bond are not conditions of licensure.
Question 9Insurance Regulation
How many hours of continuing education must a Georgia resident producer complete every two years?
- 40 hours, including 4 hours of ethics
- 12 hours, including 1 hour of ethics
- 16 hours, including 2 hours of ethics
- 24 hours, including 3 hours of ethics Correct answer.
Explanation
Georgia's biennial continuing education requirement is 24 credit hours, of which at least 3 hours must be in ethics. Courses must be approved and reported to the Department, and a producer who falls short faces license expiration or a fine.
Question 10Insurance Regulation
A newly licensed producer wants to begin selling life insurance on behalf of an insurer. Before soliciting business for that insurer, the producer must:
- Obtain a separate certificate of authority from the Commissioner
- Post a surety bond with the Department
- Complete an additional 40 hours of prelicensing education
- Be appointed by the insurer Correct answer.
Explanation
A producer may only act for an insurer after the insurer appoints the producer and the appointment is filed with the Commissioner. The license belongs to the producer, but the authority to represent a particular insurer comes from the appointment.
Question 11Insurance Regulation
A producer collects a premium from a client and deposits it into the producer's personal checking account, intending to forward it to the insurer later. This conduct is:
- Prohibited commingling of fiduciary funds Correct answer.
- Allowed if the client gives written consent
- Permitted for premiums under $100
- Acceptable if the premium is forwarded within 30 days
Explanation
Premiums collected from policyholders are held in a fiduciary capacity and must be kept separate from the producer's personal or general business funds. Placing them in a personal account is commingling, which can result in license suspension or revocation regardless of whether the insurer is eventually paid.
Question 12Insurance Regulation
An agent falsely tells a client that her current insurer is about to become insolvent so that she will surrender her existing policy and buy a replacement from the agent. This practice is:
- Rebating
- Twisting Correct answer.
- Misappropriation
- Boycott
Explanation
Twisting is a misrepresentation or misleading comparison that induces a policyholder to lapse, surrender, or replace existing coverage. The false insolvency statement is the classic example of that unfair trade practice.
Question 13Insurance Regulation
A producer takes an application for a life insurance policy that will replace existing coverage. Georgia's replacement rules require the producer to:
- Submit the application to the Commissioner for prior approval
- Obtain written approval of the replacement from the existing insurer
- Deliver the required replacement notice to the applicant Correct answer.
- Wait 60 days after issue before delivering the policy
Explanation
Replacement rules require the producer to present and deliver the required replacement notice to the applicant so the buyer understands the possible costs and consequences of dropping existing coverage. The existing insurer is notified so it can retain its policyholder, but its approval is not needed, and the Commissioner does not pre-approve individual applications.
Question 14Insurance Regulation
For an unauthorized insurer that transacts business in Georgia, the Commissioner serves as:
- The insurer's fiscal agent for premium collection
- The insurer's underwriting manager for Georgia
- The process agent for service of legal process Correct answer.
- The administrator of the guaranty association
Explanation
An unauthorized insurer doing business in Georgia is deemed to have appointed the Commissioner as its agent for service of legal process, which lets injured parties sue the insurer in Georgia courts. The Commissioner does not manage underwriting, collect premiums, or run the guaranty association.
Question 15Insurance Regulation
A licensed producer may share a commission from a Georgia insurance sale with which of the following?
- Another licensed producer who participated in the sale Correct answer.
- An unlicensed office manager who scheduled the appointment
- An unlicensed friend who referred the client
- A bank teller who supplied the client's name
Explanation
Commissions for the sale of insurance may only be split with another properly licensed and appointed producer who actually participated in the transaction. Paying compensation to unlicensed persons for insurance business amounts to paying for unlicensed activity.
Question 16Insurance Regulation
The Georgia Life and Health Insurance Guaranty Association protects covered policyholders of an insolvent member insurer up to which maximum amounts?
- $100,000 in death benefits and $50,000 in cash surrender value
- $200,000 in death benefits and $75,000 in cash surrender value
- $500,000 in death benefits and $250,000 in cash surrender value
- $300,000 in death benefits and $100,000 in cash surrender value Correct answer.
Explanation
Georgia's guaranty association follows the model limits of $300,000 in life insurance death benefits and $100,000 in net cash surrender value for any one insured, with separate limits for health benefits and annuity present value. The association covers policyholders of insurers that were licensed in Georgia and later became insolvent.
Question 17Insurance Regulation
The Commissioner issues a cease and desist order against a producer for an unfair trade practice. Which statement best describes the producer's right to challenge the order?
- The producer must pay the assessed penalty before any review may occur
- The order takes effect immediately and cannot be challenged
- The producer may appeal only to the insurer that appointed the producer
- The producer may request a hearing and then seek judicial review Correct answer.
Explanation
Administrative enforcement in Georgia follows the state's administrative procedure framework: the respondent may request a hearing before the Commissioner and, after the final order, may seek review in the courts. Payment of a penalty is not a precondition to exercising hearing and appeal rights.
Question 18Insurance Regulation
A corporation applying for a Georgia insurance agency license must:
- Deposit a trust account with the state treasurer before licensing
- Designate a licensed producer responsible for compliance Correct answer.
- Employ at least five licensed producers
- Be owned entirely by Georgia residents
Explanation
A business entity license requires the entity to designate a licensed producer who is responsible for the entity's compliance with Georgia insurance law. There is no minimum number of producers, no residency ownership requirement, and no state trust deposit for an agency license.
Question 19Insurance Regulation
A woman applies for a life insurance policy on her neighbor, with whom she has no family or financial relationship, and the neighbor signs a consent form. How does Georgia law treat this policy?
- Valid because anyone may insure a consenting adult
- Voidable at the insurer's election for two years
- Valid because the insured consented in writing
- Void because the applicant lacks an insurable interest Correct answer.
Explanation
A valid life insurance contract requires an insurable interest in the insured at the time of application, arising from a close family relationship or a substantial economic interest. Consent by the insured does not substitute for insurable interest, so a policy purchased by a stranger is void.
Question 20Insurance Regulation
A producer licensed and residing in Florida wants to write Georgia business. Georgia will typically license her as a nonresident producer if she:
- Opens a Georgia office staffed by a resident producer
- Relocates to Georgia within 90 days of licensure
- Completes Georgia prelicensing education and passes the Georgia exam
- Holds a comparable license in good standing in her home state Correct answer.
Explanation
Georgia grants nonresident producer licenses on a reciprocal basis to individuals who hold a comparable license in good standing in their home state and whose home state extends the same courtesy. A nonresident generally is not required to repeat Georgia prelicensing or the Georgia examination.
Question 21Insurance Regulation
An insurer advertises that its policy offers 'lifetime coverage with no premium increase,' even though the policy permits future rate increases. The advertisement is:
- Acceptable if the insurer files it with the Commissioner after publication
- Allowed if a disclaimer appears in small print
- Permissible because it appeared in a general-circulation newspaper
- Prohibited as misleading advertising under the unfair trade practice law Correct answer.
Explanation
Advertising that misstates policy benefits, conditions, or costs is a misrepresentation and an unfair trade practice, regardless of the medium used. A fine-print disclaimer does not cure a headline claim that is contradicted by the policy's actual terms.
Question 22Insurance Regulation
An insurer terminates a producer's appointment for cause. Under Georgia law, the insurer's obligations include:
- Publish notice of the termination in a newspaper of general circulation in the county
- Obtain the producer's written consent before the appointment ends
- Do nothing, because appointments end automatically when the insurer decides
- Notify the Commissioner and file a statement if the termination is for cause Correct answer.
Explanation
Insurers must report appointment terminations to the Commissioner within the required time, and when the termination is for cause they must also file a statement describing the circumstances. The producer is entitled to notice and an opportunity to respond, but the insurer needs no consent to end the appointment.
Question 23Insurance Regulation
During a market conduct examination, an insurer refuses to produce requested claim files for the Commissioner. The Commissioner may:
- Impose penalties or suspend or revoke the insurer's certificate of authority Correct answer.
- Do nothing, because claim files are privileged from regulatory review
- Request the files again in writing and take no further action
- Refer the matter to the local sheriff, as the Commissioner has no authority over claim files
Explanation
The Commissioner has broad authority to examine the affairs of licensed insurers, including claim files and records, and obstruction of an examination is grounds for administrative penalties and license suspension or revocation. Claim records are not privileged from a lawful regulatory examination.
Question 24Insurance Regulation
A producer knowingly submits a claim for medical services that were never provided. Under Georgia's insurance fraud provisions, this conduct is:
- Governed exclusively by federal law
- A fraudulent insurance act subject to criminal penalties Correct answer.
- A minor violation correctable with a warning letter only
- Lawful if the insurer ultimately pays nothing on the claim
Explanation
Knowingly presenting a false or fraudulent claim is a fraudulent insurance act that exposes the person to criminal prosecution, restitution, and revocation of any insurance license. Whether the insurer actually pays the claim does not determine whether the act was committed.
Question 25Insurance Regulation
An individual solicits life insurance applications in Georgia without holding a producer license. The Commissioner's authority in this situation includes:
- Issuing a cease and desist order and imposing penalties Correct answer.
- Issuing a warning only, because no policy was issued
- Assessing a penalty against the insurer only
- Filing a criminal complaint, but taking no administrative action
Explanation
Transacting insurance without a license is unlawful, and the Commissioner may order the person to cease and desist, impose administrative penalties, and pursue other remedies provided by the Insurance Code. The violation belongs to the unlicensed person, not to an insurer that never appointed or authorized them.
Question 26Insurance Regulation
Which statement best describes the transferability of an individual Georgia insurance producer license?
- It is personal to the licensee and may not be transferred to another person. Correct answer.
- It may be assigned temporarily to a family member who works in the same insurance agency.
- It may be transferred with the sale of the producer's insurance agency.
- It may be sold to another producer who passes the same line examination.
Explanation
Georgia issues producer licenses based on the individual qualifications of the licensee. The license is not property that can be sold, assigned, or passed along with an agency sale. Anyone who transacts insurance must qualify for and hold his or her own license.
Question 27Insurance Regulation
Within what period must a Georgia resident producer notify the Commissioner of a change in the producer's business address?
- Within 10 days after the change
- Within 30 days after the change Correct answer.
- Within 90 days after the change
- Only at the next biennial license renewal
Explanation
Georgia requires licensed producers to keep the Commissioner informed of address changes. Notice must be given within 30 days so that official correspondence and service of process can reach the producer. Waiting until renewal or using a longer period does not satisfy the rule.
Question 28Insurance Regulation
An administrative action is taken against a Georgia producer by another state's insurance regulator. What must the producer do?
- Ask the other state to send a copy directly to the Georgia Commissioner.
- Wait until the Georgia license comes up for renewal to disclose it.
- Report it only if the other state suspends the license.
- Report the action to the Georgia Commissioner within 30 days. Correct answer.
Explanation
A Georgia producer must report administrative actions taken by another jurisdiction, as well as criminal prosecutions, to the Commissioner. The report is generally due within 30 days of the final disposition or the event. The producer bears the reporting duty, not the other state's regulator.
Question 29Insurance Regulation
A producer tells a prospect that she will receive a $100 gift card from the producer's own funds if she buys a life policy today. The policy does not mention the gift card. How does Georgia law treat this offer?
- It is permitted only if the insurer approves the gift in writing.
- It is prohibited as rebating because it is an inducement not stated in the policy. Correct answer.
- It is permitted if the value of the gift card is less than one month's premium.
- It is permitted because the producer is using personal funds.
Explanation
Rebating includes offering something of value to induce a person to buy insurance when the inducement is not specified in the policy. Using personal funds or obtaining insurer approval does not change that result. The concern is the unlawful inducement, not the source of the money.
Question 30Insurance Regulation
An insurer tells a small employer that it will cancel the employer's existing group health policy unless the employer also purchases a dental plan from the insurer. This conduct is best characterized as:
- lawful underwriting because the employer is a small group
- prohibited coercion because it pressures the employer to buy a product Correct answer.
- lawful cross-selling because both products are insurance
- prohibited rebating because the employer receives a package discount on the dental plan
Explanation
Georgia prohibits coercion and intimidation in the sale of insurance. Threatening to cancel existing coverage unless the employer buys another product improperly pressures the buyer. The conduct is not rebating because no unlawful inducement or price concession is described.
Question 31Insurance Regulation
For several months, an insurer receives a completed health claim but neither acknowledges it nor begins an investigation. Under Georgia's unfair claim settlement practices rules, this conduct is:
- an unfair claim settlement practice Correct answer.
- acceptable because insurers may set their own review schedule
- a lawful underwriting decision rather than a claim practice
- acceptable if the claim is eventually paid
Explanation
Georgia's unfair claim settlement practices rules require insurers to acknowledge and act reasonably promptly on claims. Failing to acknowledge a claim or begin an investigation can itself be an unfair practice. Later payment does not erase the earlier failure to handle the claim properly.
Question 32Insurance Regulation
When a life insurance policy is sold using an illustration, what does Georgia law require regarding the basic illustration?
- It must be mailed to the applicant only after the policy is delivered.
- It must be filed with the Insurance Commissioner before each individual sale.
- It must be provided to the applicant and signed by the applicant and agent. Correct answer.
- It must show only guaranteed elements and omit non-guaranteed values.
Explanation
Georgia follows the life insurance illustration rules requiring a basic illustration to be presented to the applicant. The applicant and agent must sign it, and the applicant must receive a copy. The illustration must disclose both guaranteed and non-guaranteed elements rather than hiding non-guaranteed values.
Question 33Insurance Regulation
A producer recommends a deferred annuity to a 78-year-old client whose only income is Social Security and who needs funds within two years. The producer has not gathered financial information. What is the producer's main regulatory problem?
- The sale is barred because annuities cannot be sold to persons over 75.
- The producer lacked reasonable grounds to believe the annuity was suitable. Correct answer.
- The producer should have sold a life policy instead of an annuity.
- The producer needed the insurer's written approval before contacting the client.
Explanation
Annuity suitability rules require a producer to gather and consider the consumer's financial situation, needs, and objectives. The producer must have reasonable grounds to believe the recommendation is suitable. Failing to obtain that information before recommending a long-term product to a client with short-term needs violates that duty.
Question 34Insurance Regulation
A Georgia resident buys an individual long-term care insurance policy and later decides she does not want it. What free-look right does Georgia law generally provide?
- A 60-day period to return the policy, but only if no claim was filed
- A 10-day period to return the policy for a full premium refund
- No free-look right once the policy has been delivered
- A 30-day period to return the policy for a full premium refund Correct answer.
Explanation
Georgia long-term care insurance policies must give the policyholder a 30-day free-look period. If the policy is returned within that period, the premium must be refunded. The right does not depend on whether a claim has been filed.
Question 35Insurance Regulation
Which statement best describes guaranteed renewability for a Georgia small employer health plan?
- The insurer may refuse renewal if one covered employee becomes seriously ill or costs increase.
- The insurer may cancel the plan at any time with 30 days' notice.
- The insurer may renew only if the employer submits new medical evidence.
- The insurer must renew the plan at the employer's option, subject to limited exceptions. Correct answer.
Explanation
Small employer health plans are guaranteed renewable at the employer's option. The insurer cannot refuse renewal because an employee becomes ill or because claims costs rise. Limited exceptions, such as nonpayment of premium or fraud, may apply.
Question 36Insurance Regulation
Before placing a commercial property risk with a nonadmitted insurer through a surplus lines broker, Georgia law generally requires the broker to:
- obtain written approval from the insured's mortgage lender
- file the policy form with the Commissioner for prior approval
- make a diligent effort to place the risk with authorized insurers Correct answer.
- certify that the nonadmitted insurer has an A.M. Best rating of A+
Explanation
Surplus lines placement is available when authorized insurers will not accept the risk. The broker must conduct a diligent search among authorized insurers before using a nonadmitted insurer. The broker must also comply with surplus lines eligibility and notice requirements.
Question 37Insurance Regulation
A risk retention group wants to insure liability risks of Georgia businesses. Before transacting that business in Georgia, the group must:
- appoint the Commissioner as its attorney for service of process in the state only.
- obtain a certificate of authority as a standard admitted insurer
- join the Georgia Life and Health Insurance Guaranty Association
- register with the Georgia Commissioner and comply with state risk retention law Correct answer.
Explanation
A risk retention group is not required to become a standard admitted insurer in every state where it operates. Instead, it must register with the insurance regulator and comply with the state's risk retention group requirements. Registration is the key prerequisite to transacting business in Georgia.
Question 38Insurance Regulation
During an investigation of a producer, the Georgia Commissioner issues a subpoena for records and witnesses. Which power supports this action?
- The Commissioner may act only after a criminal conviction.
- The Commissioner may subpoena witnesses, take testimony, and require records. Correct answer.
- The Commissioner may subpoena records but not require testimony.
- Only a superior court judge may order a producer to produce records in an insurance investigation.
Explanation
The Commissioner has broad investigative authority over insurance matters. That authority includes issuing subpoenas, requiring production of records, administering oaths, and taking testimony. A criminal conviction is not a prerequisite to an insurance investigation.
Question 39Insurance Regulation
A producer receives an adverse order from the Georgia Commissioner after an administrative proceeding. What is the producer's general right?
- Appeal directly to the governor within 10 days.
- Demand a jury trial in the Commissioner's office before the order is allowed to take effect.
- Ignore the order while filing a new license application.
- Request a hearing under Georgia administrative procedure and seek judicial review. Correct answer.
Explanation
A person affected by an agency order is entitled to the administrative hearing process and may seek judicial review after exhausting it. The order is not appealable directly to the governor, and ignoring it does not preserve the person's rights. Judicial review follows the administrative process rather than a jury trial inside the agency.
Question 40Insurance Regulation
A Georgia producer wants to conduct business under a trade name that differs from the name on the producer license. What must the producer do?
- Notify the Commissioner and use the fictitious name in the manner allowed by law. Correct answer.
- Use the trade name freely because trade names are not regulated.
- Obtain a separate agency license for every customer solicited under the name.
- Register the trade name only with the local superior court.
Explanation
Georgia regulates the use of fictitious or trade names by licensed producers. The producer must notify the Commissioner and ensure the name is used in a manner that is not misleading. Using an unapproved or misleading trade name can violate the insurance licensing laws.
Question 41General Insurance Concepts
Which of the following best describes the primary function of insurance?
- Creation of a speculative profit opportunity
- Transfer of financial risk to an insurer Correct answer.
- Guaranteed investment return for the policyholder
- Elimination of every possibility of financial loss
Explanation
Insurance transfers the financial consequences of pure risk from an individual or business to an insurer, which spreads the cost across a large group. In exchange, the insured pays a premium. Insurance reduces uncertainty but cannot eliminate the chance that a loss will occur.
Question 42General Insurance Concepts
An investor buys stock hoping its price will rise while knowing it may fall. This situation is an example of:
- A particular risk
- Pure risk
- Speculative risk Correct answer.
- A static risk
Explanation
Speculative risk involves the possibility of gain as well as loss, as with stock market investing or gambling. Because the chance of profit exists, insurers generally will not insure it. Pure risk, by contrast, involves only the chance of loss or no loss.
Question 43General Insurance Concepts
Insurable interest in a life insurance policy must exist at the time of:
- The policy application Correct answer.
- Delivery of the policy
- Filing of the claim
- The insured's death
Explanation
For life insurance, insurable interest is required only when the contract is formed, meaning at application and policy issue. The beneficiary need not have insurable interest at the insured's death. This rule allows a beneficiary to collect even if the relationship later changes.
Question 44General Insurance Concepts
The principle of indemnity means that a covered loss should restore the insured to:
- A better financial position than before the loss
- The approximate financial position held before the loss Correct answer.
- A position equal to the policy face amount regardless of the loss
- The full replacement cost of all property owned
Explanation
Indemnity holds that the insured should be restored to roughly the same financial position as before the loss, no better and no worse. This prevents profiting from insurance and discourages intentional losses. Actual cash value and repair or replacement provisions are ways of applying indemnity.
Question 45General Insurance Concepts
When an applicant answers the questions on an insurance application truthfully to the best of their knowledge, those answers are legally treated as:
- Representations Correct answer.
- Material warranties
- Concealments of fact
- Waivers of right
Explanation
Statements on an application are representations, meaning they are believed true to the best of the applicant's knowledge. A material misrepresentation can allow the insurer to rescind, but an honest minor error generally will not void coverage. Warranties, by contrast, are promises that must be literally true.
Question 46General Insurance Concepts
A life insurance policy is described as an aleatory contract because:
- Both parties exchange promises of exactly equal value
- The amounts exchanged by the parties may be unequal Correct answer.
- Only the insurer is legally bound to perform
- The insured may cancel at any time without penalty
Explanation
An aleatory contract depends on chance, so the value exchanged by the parties may be unequal. The insured may pay small premiums for years and never collect, or may collect a large death benefit after one payment. This imbalance is why insurance is not a contract of equal exchange.
Question 47General Insurance Concepts
An insurance policy is prepared by the insurer and offered to the applicant on a take-it-or-leave-it basis, so it is classified as:
- An aleatory contract
- A contract of utmost good faith
- A contract of adhesion Correct answer.
- A unilateral contract
Explanation
A contract of adhesion is drafted by one party, the insurer, and accepted or rejected as written by the other party. Because the insured has no bargaining power over the wording, ambiguities are generally construed against the insurer. This protects the party who did not draft the document.
Question 48General Insurance Concepts
A policy is a conditional contract because the insurer's promise to pay is dependent on:
- The insured paying the first premium at the time of application
- The insurer earning a profit on the policy during the year
- The insured surviving to the end of the policy period
- The insured meeting the conditions stated in the policy Correct answer.
Explanation
Insurance is conditional because the insurer's duty to pay arises only when the insured has complied with stated conditions, such as giving prompt notice of loss and filing proof of loss. Failure to satisfy a condition may allow the insurer to deny the claim. The conditions are written in the policy.
Question 49General Insurance Concepts
The law of large numbers allows an insurer to:
- Predict losses more accurately as exposure units increase Correct answer.
- Set premium rates using only one policyholder's loss history
- Eliminate the chance of a catastrophic loss in a given year
- Guarantee that each policyholder will eventually file a claim
Explanation
The law of large numbers states that as the number of similar exposure units grows, actual loss experience tends to approach the expected or predicted level. This predictability is the foundation for ratemaking. It improves forecasts but does not eliminate uncertainty.
Question 50General Insurance Concepts
Adverse selection occurs when:
- A producer sells policies to unlicensed persons
- Higher-risk applicants buy coverage more readily than lower-risk ones Correct answer.
- An insurer declines renewal after a policyholder files claims
- An insurer selects only the lowest-risk applicants
Explanation
Adverse selection is the tendency of those most exposed to loss to seek or retain insurance more eagerly than those with little exposure. If unchecked, the pool becomes dominated by poor risks and losses exceed expectations. Underwriting and appropriate rating are used to control it.