General Insurance PrinciplesQuestion 250 of 531

Under 18 U.S.C. 1033, a person convicted of a felony involving dishonesty or a breach of trust may work in the business of insurance only if:

a.at least ten years have run since the date of the conviction
b.the person is kept in claims or clerical work rather than sales
c.the employing insurer discloses the conviction to policyholders
d.the person first obtains the written consent of an insurance regulator

Explanation

The federal statute bars anyone convicted of a felony involving dishonesty or breach of trust from engaging in the business of insurance affecting interstate commerce unless written consent is granted by the appropriate insurance regulatory official, and it also penalizes any insurer that knowingly employs such a person. Simply waiting out a period of years, disclosing the conviction or moving the person to a back-office role does not satisfy it.

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