Medicare & Senior InsuranceQuestion 310 of 716

A California producer is preparing to sell an individual deferred annuity to a 72-year-old client. Which statement BEST describes the senior-specific disclosure and free-look requirements?

a.Senior protections apply only to fixed annuities and never to variable annuities, because a variable contract is a security whose sale is governed exclusively by FINRA suitability rules; the senior free-look, the Buyer's Guide, and the in-home solicitation notice are all displaced once a separate account is involved, and the producer need deliver only the prospectus, with state disclosure duties resuming only after the contract has been accepted
b.Under California Insurance Code §10127.10 the senior (age 60+) is entitled to a 30-day free-look right to return the annuity for a full refund of premium, AND under §10127.13 the producer must deliver an annuity disclosure that includes a written contract summary and required Buyer's Guide; additional in-home solicitation notice under §789.10 applies if meeting in the senior's home
c.No special senior protection applies; the standard free-look printed in the contract governs, because California's senior statutes reach individual life insurance only and were never extended to annuity contracts; the producer's one added duty when the buyer is elderly is to have an adult family member co-sign the application before delivery
d.The senior free-look runs 30 days but no separate annuity disclosure is required, because delivery of the contract itself satisfies every disclosure obligation; the Buyer's Guide and the written contract summary are optional sales aids the producer hands out at his own discretion, and the in-home solicitation notice applies only to long-term care sales

Explanation

California's senior insurance-protection regime layers multiple statutes: California Insurance Code §10127.10 provides a 30-DAY free-look right of return for any individual life or annuity policy delivered to a person age 60 or older, with full refund of premium; §10127.13 requires annuity disclosure documents (contract summary, Buyer's Guide); §10234.93 imposes annuity suitability obligations and replacement disclosures; §789.10 requires an in-home solicitation notice delivered in advance; and §785-787 govern senior solicitation generally. The response pairing the §10127.10 30-day senior free-look with the §10127.13 disclosure and the §789.10 in-home notice therefore states the law. The response saying no special senior protection applies because the senior statutes never reached annuities ignores the senior overlay. The response granting the 30-day free-look but treating the Buyer's Guide and contract summary as optional ignores the annuity disclosure requirement. The response limiting senior protections to fixed annuities is wrong; senior protections apply to fixed AND variable annuities (variable annuities add separate SEC/FINRA prospectus requirements). The 30-day senior free-look is among California's most distinctive consumer rights.

Law Reference: California Insurance Code §10127.10 (senior free-look); §10127.13 (annuity disclosure)

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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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