An agent tells a prospect that a competing insurer is on the verge of financial collapse in order to convince the prospect to buy from her own company. The competitor is in fact solvent. Under the Unfair Practices Act, this conduct is best described as:

a.Twisting, because twisting covers any false statement an agent makes about a competing insurer's solvency
b.Permissible competitive speech, because the Act reaches only statements made after a sale has actually closed
c.Defamation of an insurer, because it makes a false statement injuring the reputation of another insurer
d.Boycott or coercion, because frightening a consumer about another insurer's insolvency is a form of coercion

Explanation

Cal. Ins. Code §790.03(b) defines defamation as making, publishing, or circulating any false statement that is calculated to injure any person engaged in the business of insurance. False statements about a competitor's solvency fall squarely within this definition, regardless of whether a sale results.

Law Reference: Cal. Ins. Code §790.03(b)

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