2 questions

Alabama Market Conduct & Ethics

A Alabama producer offers a prospect part of the producer's own commission in cash to induce the purchase of a policy. This practice is:

  • a.Prohibited as unlawful rebating under the state's unfair trade practices law✓
  • b.Required to be reported but otherwise lawful
  • c.Permitted for personal auto policies only
  • d.Permitted if the producer discloses it to the insurer

Rebating — giving any part of the premium or commission, or other valuable consideration, to induce a purchase — is prohibited under Alabama's unfair trade practices law because it can create unfair discrimination between similar policyholders.

Alabama Market Conduct & Ethics

Premiums a Alabama producer collects from clients before remitting them to the insurer are:

  • a.Automatically forfeited to the state guaranty association
  • b.The producer's personal income as soon as they are received
  • c.Exempt from any trust-accounting requirement
  • d.Held in a fiduciary capacity and must not be commingled or converted for personal use✓

Alabama, like other states, treats collected premiums as fiduciary funds belonging to the insurer or the insured. Commingling or converting them is grounds for license discipline and can be a crime; accurate trust accounting is required.

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