Premiums collected by an agent from a policyholder, before being remitted to the insurer, are held by the agent in what capacity?

a.As an unsecured personal loan to the insurer
b.Joint capacity with the policyholder's funds
c.Fiduciary capacity, in a premium trust fund
d.Personal capacity, with no special duty

Explanation

§1733-1734 require licensees to hold all funds received from premiums in a fiduciary capacity, typically in a separately identifiable premium trust fund. Commingling with personal funds is grounds for license discipline.

Law Reference: Cal. Ins. Code §1734

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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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