A personal lines broker-agent collects premium from a homeowner. Under §1733, those funds are held in what capacity?

a.Personal property of the broker that may be used for business expenses
b.An interest-bearing investment account owned by the broker
c.Fiduciary funds held in trust for the insurer or the insured
d.Refundable retainer that can be commingled with operating funds

Explanation

Insurance Code §1733 provides that all funds received by a licensee acting as an agent or broker on account of any insurance transaction are received and held in a fiduciary capacity. The licensee must remit them to the insurer, insured, or other person entitled to them and may not divert them to personal use.

Law Reference: Cal. Ins. Code §1733

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