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LOMA 291: Insurance Regulation and Compliance

LOMA 291 · Work through your exam, one topic at a time.

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Insurance Regulation and Compliance

Domain 4: Insurance Regulation and Compliance

This domain tests the state-based regulatory architecture, solvency monitoring, market conduct rules, and the compliance duties that sit on producers and insurers.

Architecture

  • McCarran-Ferguson Act (1945). States regulate insurance; federal antitrust applies only to the extent states do not regulate.
  • NAIC. Drafts model laws, rates, and guidelines and accredits state departments; it does not enforce.
  • Licensing. Certificate of authority for insurers; producer license, appointment, continuing education, resident and nonresident authority.
  • Solvency. Risk-based capital tiers: company action level below 200% RBC ratio, regulatory action below 150%, authorized control below 100%, mandatory control below 70%; reserves; state guaranty associations with coverage limits that vary by state.
  • Market conduct. Unfair trade practices, misrepresentation, twisting, churning, rebating, replacement rules, advertising and illustration rules.
  • Suitability and best interest. NAIC Suitability in Annuity Transactions Model Regulation #275, revised in 2020, imposes a best-interest standard on annuity recommendations.
  • Privacy. GLBA safeguards, HIPAA, and state breach notification laws.

Worked example

Total adjusted capital is $72 million and company action level RBC is $40 million. RBC ratio = 72 / 40 = 180%. That is below 200% but above 150%, so the company must file a corrective action plan with the commissioner. At 140% it would trigger regulatory action; at 90%, authorized control; at 60%, mandatory control. The ratio compares capital with a risk-weighted requirement, not with total assets.

Traps

  • Treating the NAIC as an enforcement agency.
  • Applying federal securities law to fixed annuities, which are state-regulated insurance products.
  • Ignoring replacement disclosure when a policy is replaced.
  • Assuming guaranty association coverage is unlimited or automatically covers separate accounts.