Medicare & Senior InsuranceQuestion 245 of 716

Which act, often committed against seniors, occurs when an agent induces a client to surrender or replace an existing annuity primarily to generate a new commission, without any meaningful benefit to the consumer?

a.Rebating (sharing commission with the buyer)
b.Defamation (false statements about an insurer)
c.Annuity twisting (improper replacement)
d.Coercion (forcing a tied purchase of insurance)

Explanation

'Twisting' is the deceptive practice of inducing a policy or annuity replacement for the agent's economic benefit rather than the client's. California Insurance Code §781 prohibits misrepresentations for the purpose of replacement, and §10234.93 imposes specific annuity suitability and replacement duties — particularly heightened when the client is age 65 or older under §785-789.10. Twisting is an unfair trade practice that can result in fines, license suspension, and restitution. Rebating is sharing commission with the client (also prohibited under §750). Defamation is making false statements about another insurer. Coercion is forcing a tied product purchase. Only twisting describes the misuse of replacements for commission churning.

Law Reference: California Insurance Code §10234.93(a)(3)

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Reviewed by John Zihao Zhang — California-Licensed Life Insurance Agent (CA Dept. of Insurance License #4396095 — verify)
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