Life-Producer Questions and Answers

Cash values in whole life insurance are a key feature, and they:

Accumulate as a result of the level premium concept (A), where excess premiums in the early years of the policy build the cash value.

Are guaranteed in whole life policies, contrary to option B.

Do not equal the face value at age 65 (C) unless specifically structured for that purpose.

Continue to grow beyond age 65 as long as the policy remains active, invalidating option D.

Paying an applicant’s premium is considered a rebate, which is generally prohibited in Maryland unless explicitly permitted by law.

Rebates (B) involve offering inducements not specified in the policy, which can undermine fairness and market stability.

Gifts (A) and loans (C) imply separate intentions and are distinct from policy-related payments.

Cost of doing business (D) does not apply, as paying premiums on behalf of clients violates anti-rebating laws.

The entire contract clause ensures transparency by limiting the policy's terms to the policy document and any attached application materials.

The application attached to the policy (B): Correct. It becomes part of the legal agreement between the insurer and the policyholder.

The Medical Information Bureau report (A): Used for underwriting but not part of the policy.

Any attending physician's statement (C): May inform underwriting but is not included in the policy.

The producer’s report to the insurer (D): Internal to the insurer and irrelevant to the contract itself.

Essential elements of a valid contract.

Under Maryland contract law (which governs insurance contracts), a legally binding contract requires:

Offer

Acceptance

Consideration

Competent parties

Legal purpose

Meaning of consideration.

Consideration is anything of value exchanged between the parties that induces them to enter into the contract.

In insurance, consideration is:

The premium paid by the policyowner, and

The promise to pay benefits made by the insurer.

Why consideration is critical in insurance.

Without consideration, an insurance policy would be a gratuitous promise, which is unenforceable.

Maryland courts consistently require consideration for enforceability of insurance contracts.

Why the other options are incorrect.

Grant: A transfer of property or rights, not a contract element.

Codicil: An amendment to a will, unrelated to insurance contracts.

Covenant: A promise within a contract, not the exchange of value itself.

Conclusion.

The exchange of value that creates a binding insurance contract is consideration.

When a wage earner dies, surviving families face significant financial obligations:

Final expenses (A): Include funeral costs and related end-of-life expenses.

Family living expenses (C): Cover ongoing needs like housing, food, and utilities.

Death taxes (D): May apply based on estate value and Maryland inheritance laws.

Unemployment tax liabilities (B) are irrelevant as they apply only to employers, not surviving family members.

Legal capacity to contract.

Maryland contract law requires parties to have legal capacity to enter into a binding agreement.

Evaluate each option.

A. Intoxicated individuals

May lack capacity if intoxication impairs understanding.

B. Mentally ill individuals

May lack capacity depending on severity and adjudication.

C. Minors

Generally lack full contractual capacity.

D. Retired individuals

Retirement status does not affect legal capacity.

Insurance relevance.

Producers must ensure applicants have legal capacity to avoid voidable contracts.

Conclusion.

Retired individuals have full contractual capacity, making option D correct.

Definition of rebating.

Rebating occurs when an agent offers part of their commission or other valuable consideration to induce the purchase of insurance.

Evaluate each option.

A. Twisting

Involves misrepresentation to replace a policy.

B. Rebating

Correct. Sharing commissions to induce a sale is rebating.

C. Replacement

Lawful when properly disclosed.

D. Retention

Not an unfair trade practice.

Maryland regulatory context.

Maryland prohibits rebating to ensure fairness among policyholders and prevent price discrimination.

Conclusion.

The described conduct is rebating.

General rule for early IRA distributions.

Distributions taken before age 59½ are considered early withdrawals.

Tax consequences.

Early distributions are generally subject to:

Ordinary income tax, and

An additional 10% federal penalty tax, unless an exception applies.

Why capital gains tax does not apply.

IRA distributions are taxed as ordinary income, not capital gains.

Evaluate each option.

A. Income tax only

Incorrect. Penalty usually applies.

B. Penalty tax only

Incorrect. Income tax still applies.

C. Income tax and penalty tax

Correct.

D. Capital gains tax

Incorrect.

Maryland tax treatment.

Maryland generally follows federal tax rules and also taxes the income portion.

Conclusion.

Early IRA withdrawals are generally subject to income tax and a penalty tax.

What a non-qualified annuity is.

A non-qualified annuity is purchased with after-tax dollars, not through a qualified retirement plan (such as an IRA or 401(k)).

Tax treatment of annuity distributions.

Distributions are taxed under the interest-first (LIFO) rule, meaning:

Earnings are taxed first as ordinary income.

Principal (cost basis) is returned tax-free only after earnings are exhausted.

Age-based penalty rule.

If distributions are taken before age 59½, the taxable portion may be subject to:

Ordinary income tax, and

An additional 10% federal penalty tax, unless an exception applies.

Evaluate each option.

A. Fully taxable at all times

Incorrect. Only the earnings portion is taxable.

B. Must begin by age 70½

Incorrect. Required minimum distributions apply to qualified plans, not non-qualified annuities.

C. Before age 59½ may be subject to a penalty

Correct.

D. After age 59½ tax exempt

Incorrect. Earnings are still taxable as ordinary income.

Maryland tax conformity.

Maryland follows federal tax treatment for annuity distributions.

Conclusion.

Early distributions from non-qualified annuities may be subject to a penalty, making option C correct.

Insurance licensing ensures agents meet professional standards:

Licensure demonstrates qualifications (B) to act ethically and competently on behalf of insurers.

It does not limit the number of agents (A).

Sales activity monitoring (C) and rate regulation (D) are separate regulatory functions.

Definition of insurable risk.

An insurable risk must meet certain criteria so insurers can predict losses and set premiums fairly.

Required elements of an insurable risk.

Accidental loss: Loss must be unintended and fortuitous.

Definite and measurable loss: The amount and timing of loss must be determinable.

Large number of similar exposures: Allows insurers to use the law of large numbers.

Non-catastrophic to the insurer: Losses must not affect all policyholders at once.

Why speculative risk is excluded.

Speculative risks involve the possibility of gain or loss (e.g., gambling or investing).

Insurance only covers pure risks, which involve the possibility of loss or no loss, but no gain.

Evaluate each option.

A. Speculative risk

Incorrect for insurability and therefore the correct answer.

B. Accidental loss

Required element.

C. Large number of similar units

Required for actuarial predictability.

D. Ability to measure the loss

Required to determine claim amounts.

Conclusion.

Speculative risk is not insurable, making option A correct.

Definition of a direct rollover.

A direct rollover occurs when retirement funds are transferred directly from one trustee to another without the participant taking possession.

Apply the facts.

The check is payable to the IRA custodian, not to Kim.

Kim never has constructive receipt of the funds.

Evaluate each option.

A. Excise tax

Not applicable to a direct rollover.

B. Mandatory withholding

Does not apply to direct rollovers.

C. Section 1035 exchange

Applies to insurance and annuities, not qualified plans.

D. Direct rollover

Correct under IRS rules.

Conclusion.

This transaction is treated as a direct rollover.

Meaning of cost basis.

Cost basis represents the amount of after-tax money the owner has invested in the contract.

Non-qualified annuity definition.

A non-qualified annuity is purchased with after-tax dollars, not through a qualified retirement plan.

How cost basis is calculated.

The cost basis equals the sum of all premiums paid, minus any non-taxable withdrawals previously received.

Why this matters for taxation.

When distributions occur:

Earnings are taxable as ordinary income.

The cost basis portion is returned tax-free.

Evaluate each option.

A. Opportunity cost

An economic concept, not a tax basis.

B. Total premiums paid

Correct. This is the owner’s investment in the contract.

C. Guaranteed cash value

A policy feature, not tax basis.

D. Actual cash value

Includes earnings, not just after-tax investment.

Conclusion.

The cost basis of a non-qualified annuity is the total premiums paid.

Universal life insurance is a flexible product that combines features of term insurance and a savings component:

Flexible premium deposit fund and a monthly renewable term insurance policy (D): Universal life allows policyholders to adjust premiums and coverage amounts. The policy includes a savings element (cash value) and provides renewable term insurance protection.

Mutual fund and whole life insurance policy (A): Incorrect, as universal life does not involve mutual funds or strict whole life coverage.

Term insurance and an annuity (B): Universal life lacks the payout structure of an annuity.

Endowment and interest-sensitive deposit fund (C): While it includes interest-sensitive growth, it is not structured as an endowment policy.

Purpose of key person life insurance.

Key person insurance protects a business against financial loss caused by the premature death of a critical employee.

Types of losses covered indirectly.

Loss of revenue

Loss of expertise or leadership

Costs associated with:

Recruiting a replacement

Training a replacement

Loss of business continuity

Evaluate each option carefully.

A. Tax deduction

Incorrect. Premiums for key person insurance are generally not tax-deductible.

B. Pay estate taxes for the employee

Incorrect. Estate taxes are a personal matter, not a business obligation.

C. Pay the employee’s mortgage

Incorrect. This is unrelated to the business’s financial exposure.

D. Pay for replacement costs

Correct. This is a classic and legitimate use of key person insurance.

Maryland insurable interest relevance.

Maryland law recognizes that businesses have an insurable interest in key employees whose death would cause economic harm.

Conclusion.

Businesses buy key person life insurance to cover financial losses and replacement costs.

Underwriting involves evaluating risk factors that could influence the likelihood of claims and ensuring compliance with anti-discrimination laws.

Ethnic heritage (A): Incorrect. Using ethnic heritage as an underwriting factor violates anti-discrimination laws, including Maryland Insurance Article §27-501.

Amount of insurance applied for (B): Correct. Insurers consider coverage amounts to assess risk and pricing.

Driving record (C): Correct. Poor driving history, particularly DUI incidents, increases risk.

Family health history (D): Correct. Inherited conditions and family medical history help predict potential health risks.

Boycott refers to the refusal to engage in business dealings with a particular party as part of an unfair trade practice, often used to coerce or punish. It is prohibited under Maryland’s Unfair Trade Practices Act.

Boycott (C): Defined as an unfair method of competition when used in the insurance context.

Estoppel (A): A legal doctrine preventing someone from asserting a claim inconsistent with previous actions, unrelated to business refusal.

Injunction (B): A court order stopping specific actions, not related to refusal to do business.

Binder (D): Temporary insurance coverage, unrelated to trade practices.

Definition of insurer reserves.

Reserves represent the amount an insurer sets aside to meet future policy obligations, including death benefits and annuity payments.

Evaluate each option.

A. Surplus

Represents excess assets over liabilities, not the liability itself.

B. Reserves

Correct. Reserves are recorded as liabilities on the insurer’s balance sheet.

C. Contingency fund

A general term, not the statutory accounting liability.

D. Capital account

Reflects ownership equity, not policy obligations.

Maryland solvency regulation relevance.

The Maryland Insurance Administration closely monitors reserves to ensure insurers remain solvent and able to meet policyholder obligations.

Conclusion.

Future obligations to policyholders are reflected in reserves.

Group life insurance policies in Maryland typically include a conversion privilege allowing former employees to convert group coverage to an individual policy within a 31-day period after termination, regardless of premium payment status.

$50,000 under the group plan (A): Correct. During the 31-day conversion period, the original group coverage remains in effect. If the insured dies during this time, the death benefit is paid under the group plan.

$50,000 under the new policy (B and C): Incorrect, as the conversion policy does not become effective until the first premium is paid.

Nothing at all (D): Incorrect, as coverage is still active during the conversion period.

An agent’s license can be revoked for serious infractions that violate Maryland’s insurance laws:

Rebating (B): Prohibited under Maryland’s Unfair Trade Practices Act.

Felony conviction (C): Grounds for revocation as it questions the agent’s moral character.

Violating insurance statutes or regulations (D): Includes infractions such as fraud, misrepresentation, or failure to meet ethical standards.

Having no insurer appointment for ten days (A): Incorrect. A lack of appointment does not constitute a violation; it only affects the ability to conduct business temporarily.

When a group policy is issued to a labor union, Maryland law requires that eligibility criteria ensure fairness and inclusivity:

All of the members of the union (B): Eligible members must be treated equally under the group policy. Coverage cannot exclude individuals based on factors like age or health, provided they are active members.

Members of any union (A): Policies are issued to specific unions, not broadly.

Only members under age 65 (C): Age discrimination is prohibited unless specifically linked to policy provisions.

Healthy members (D): Group policies cannot discriminate based on health status.

Maryland’s Unfair Claim Settlement Practices standards.

Maryland law requires insurers to:

Promptly investigate claims

Act in good faith

Attempt fair and equitable settlements when liability is clear

Analyze each option carefully.

A. Compromise settlements when facts are in question

This is a legitimate and encouraged claims practice.

B. Denying coverage after timely investigation

Permissible if the denial is based on policy terms.

C. Failing to promptly investigate and settle legitimate claims

This is a classic unfair claims settlement practice under Maryland law.

D. Compelling litigation when a real dispute exists

Allowed when coverage is genuinely disputed.

Good-faith obligation.

Delays or failures to settle valid claims undermine the insurer’s duty of good faith and fair dealing.

Regulatory consequences.

Such conduct may lead to:

Administrative penalties

Market conduct actions

Civil bad-faith exposure

Conclusion.

Failure to promptly investigate and settle valid claims is an unfair claims settlement practice.

Beneficiary designation concepts.

Life insurance policies allow the owner to name beneficiaries who receive proceeds at death.

Revocable vs. irrevocable designations.

A revocable beneficiary can be changed by the policyowner at any time without the beneficiary’s consent.

An irrevocable beneficiary cannot be changed without the beneficiary’s written consent.

Evaluate each option.

A. Contingent designation

Refers to a secondary beneficiary, not the right to change.

B. Irrevocable designation

Opposite of the described situation.

C. Contestable designation

Not a valid beneficiary term.

D. Revocable designation

Correct. This allows the policyowner to change beneficiaries.

Maryland relevance.

Maryland recognizes revocable beneficiary designations unless the policy specifically states otherwise.

Conclusion.

Reserving the right to change beneficiaries is a revocable designation.

Criminal vs. administrative violations.

Not all insurance violations are crimes.

Criminal penalties apply when conduct involves fraud, theft, or embezzlement.

Define embezzlement.

Embezzlement involves misappropriating funds entrusted to the producer, such as:

Premium payments

Trust account funds

Evaluate each option.

A. Selling with a nonresident license

Typically an administrative violation, not a felony.

B. Embezzling money

Correct. This is a federal and state crime punishable by imprisonment.

C. Inducing a client to sign an application

Lawful solicitation activity.

D. Suing an insurer

A legal right, not a crime.

Maryland enforcement context.

Embezzlement may result in:

License revocation

Criminal prosecution

Restitution orders

Conclusion.

Embezzlement can result in prison sentencing.

Definition of coercion.

Coercion involves using threats, intimidation, or pressure to force a purchase.

Apply the facts.

The producer attempts to intimidate the prospective insured.

This directly meets the definition of coercion.

Why other options are incorrect.

Defamation: False statements harming reputation.

Twisting: Misrepresentation to replace a policy.

Discrimination: Unequal treatment of insureds.

Maryland enforcement relevance.

Coercion is prohibited as an unfair trade practice and may result in license discipline.

Conclusion.

Intimidation constitutes coercion.

Ethical responsibilities and state laws mandate that insurance producers act in good faith when handling applications.

Reporting material facts to the insurer (D): Producers must disclose any information that could impact underwriting decisions. Transparency ensures that policies are accurately priced and legally enforceable.

Denying knowledge (A): Violates ethical and legal obligations.

Acknowledging facts only if asked (B): Demonstrates bad faith and can lead to legal penalties.

Advising applicants to amend (C): While this helps, it does not fulfill the producer’s duty to inform the insurer.

Rebating occurs when an insurance producer offers a portion of their commission, premium reductions, or other inducements to buyers that are not explicitly stated in the policy. It is prohibited under Maryland law to ensure fair competition and maintain ethical standards.

Rebating (D): Involves returning part of the commission or providing benefits not in the policy to incentivize a sale, violating Maryland Insurance Article §27-212.

Twisting (A): Refers to persuading a policyholder to lapse or replace a policy through misrepresentation, unrelated to commission-sharing.

Binding (B): Relates to confirming coverage but does not involve commissions.

Soliciting (C): Refers to seeking potential clients, not the unfair practice of rebating.

Accelerated benefits are often triggered by the inability to perform activities of daily living (ADLs), which are standard measures of functional capacity.

Dressing (A), Eating (B), Bathing (C): Correctly identified as ADLs used to assess eligibility for benefits.

Speaking (D): Not classified as an ADL under Maryland insurance definitions or long-term care benefit triggers.

Purpose of the automatic premium loan provision.

The APL provision prevents unintentional policy lapse due to nonpayment of premium.

How the APL works.

If a premium is not paid by the end of the grace period:

The insurer automatically makes a policy loan

The loan amount equals the unpaid premium

The loan is secured by the policy’s cash value

Why the other options are incorrect.

A. Additional insurance: Describes paid-up additions, not APL.

B. Bank loans: APL uses internal policy loans.

C. Waiver of premium: A separate rider, not APL.

Maryland disclosure relevance.

Producers must explain that APL loans accrue interest and reduce cash value and death benefits.

Conclusion.

The APL provision uses a policy loan to pay overdue premiums.

Maryland law allows insurers to consider medical conditions (A) as part of the underwriting process, provided it is done fairly and within legal boundaries.

Race (B), Gender (C), and Creed (D): Discrimination based on these factors is strictly prohibited under Maryland’s anti-discrimination laws and the Unfair Trade Practices Act.

Insurers must comply with state and federal regulations, ensuring underwriting decisions are based on actuarially justified factors, such as health and lifestyle, rather than prohibited discriminatory criteria.

Maryland law mandates that life insurance policies include a clear and concise description of the policy on the first page to ensure transparency and understanding for policyholders.

Legible and brief description (A): Correct. This ensures the buyer can quickly identify key terms and benefits of the policy.

Notary seal (B): Not required for delivering life insurance policies.

Premium coupon book (C): Optional, often replaced with digital billing methods.

Financial statement of the insurer (D): Not required in the policy itself, although insurers must provide financial stability information upon request.

The Maryland Insurance Administration (MIA) is authorized to inspect the records of insurers and agencies to ensure compliance with laws:

Yes, because of the powers defined by state laws (B): Correct. The MIA has broad authority under Maryland law to audit, inspect, and investigate insurance business practices.

No, because of privacy considerations (A): Incorrect. Regulatory inspections are exempt from privacy concerns when conducted lawfully.

Only an officer of the court (C): Not required; the MIA operates independently within its legal mandate.

Public domain records (D): Incorrect; insurance records are not publicly accessible unless required by law.

Definition of needs analysis.

Needs analysis is a planning method that evaluates:

Income replacement

Debts

Education funding

Final expenses

Survivor needs

Purpose of the method.

To determine how much life insurance is needed, not just whether insurance is needed.

Evaluate each option.

A. Identifies needs of the individual and dependents

Correct. This is the core function.

B. Eliminates future estimates

Incorrect. Inflation and interest must still be considered.

C. Requires underwriter participation

Incorrect. Needs analysis is done by the producer and client.

D. Ignores Social Security

Incorrect. Social Security benefits are included in analysis.

Maryland suitability relevance.

Needs analysis supports suitability and good-faith recommendations required by Maryland law.

Conclusion.

Needs analysis identifies the financial needs of the individual and dependents.

Misrepresentation involves providing false, misleading, or incomplete information about a policy:

Failed to disclose exclusions of the policy (A): Correct. Not informing the insured about policy exclusions misrepresents the coverage and violates Maryland law.

Denied a claim for failure to prove damages (B): This relates to claims handling and is not misrepresentation.

Required written notice of loss (C): This is a legitimate policy requirement, not misrepresentation.

Issued a full settlement check (D): Standard claims settlement practice when agreed upon; not related to misrepresentation.

Definition of insurable interest in life insurance (Maryland context).

Under Maryland insurance principles, an insurable interest in the life of another exists when the policy owner would suffer a financial loss or certain types of recognized personal loss upon the insured’s death.

Maryland Insurance law requires that insurable interest must exist at the time the life insurance policy is issued.

Evaluate each option.

A. Maintaining a lasting friendship

Friendship alone does not create a recognized financial or legal loss upon death.

Maryland law does not recognize friendship, by itself, as sufficient insurable interest.

B. Being closely related by birth

Close blood relationships (such as parent-child or siblings) are presumed to have insurable interest under Maryland standards.

C. Being married

Spouses automatically have insurable interest due to shared financial obligations and dependency.

D. Co-signing a mortgage

This creates a direct financial interest, since one party would suffer a monetary loss if the other dies.

Conclusion.

Only friendship, without financial dependency or legal obligation, fails to establish insurable interest.

The Maryland Insurance Administration enforces disciplinary measures:

Fraudulent practices (A), mishandling premiums (B), and violating regulations (D) are grounds for suspension or revocation.

Sharing commissions (C) with agents of the same license type is permitted under Maryland law if done legally and transparently.

General rule regarding premium payment and policy effectiveness.

Under Maryland insurance practice, life insurance coverage does not become effective unless the initial premium is paid, unless a valid conditional receipt provides otherwise.

Apply the facts of the question.

The question specifically states that the initial premium does not accompany the application.

Therefore, no temporary or conditional coverage is in force.

Evaluate each option.

A. 12:01 a.m. on the first day of the month

Arbitrary and not tied to policy issuance or premium payment.

B. When the application is completed and signed

Incorrect, because acceptance and premium payment are still required.

C. When the producer delivers the policy and collects the premium

Correct. Coverage normally begins upon policy delivery and premium payment.

D. One week after inspection report

No legal or regulatory basis.

Maryland consumer protection context.

Maryland requires clear disclosure of when coverage begins to prevent misunderstandings and bad-faith disputes.

Conclusion.

Coverage normally begins when the policy is delivered and the premium is collected.

The cost basis is the total of all premiums paid minus dividends received or used to offset premiums. This figure is used to calculate the taxable portion of the cash value upon surrender.

Cost basis (D): Represents the non-taxable portion of the surrender value; any amount exceeding this is considered taxable income.

Cash value (A): The policy’s accumulated value, which may include taxable gains.

Loan value (B): Refers to the amount available for borrowing against the policy.

Gross proceeds (C): The full amount received upon surrender, not accounting for cost basis deductions.

Role of federal securities regulation.

Securities laws regulate investments such as:

Stocks

Bonds

Variable life insurance

Variable annuities

Authority of the SEC.

The Securities and Exchange Commission (SEC) is the federal agency created by Congress to:

Enforce federal securities laws

Regulate securities markets

Protect investors

Relevance to insurance producers.

Maryland producers selling variable products must:

Hold an insurance license, and

Be registered with FINRA and regulated by the SEC.

Why the other options are incorrect.

The other agencies listed do not exist under federal law.

Conclusion.

The SEC enforces securities laws enacted by Congress.

A viatical settlement involves selling a life insurance policy to a third party for immediate cash, typically to cover expenses associated with terminal illnesses.

Viatical settlement (C): The policyowner receives a percentage of the death benefit to cover high medical costs or improve their quality of life.

Nonforfeiture options (A): Relate to preserving cash value if the policy lapses, not a sale.

Accelerated death benefit (B): Involves accessing a portion of the death benefit directly from the insurer, not through a third party.

Survivorship policies (D): Cover two insureds and pay the death benefit only after both have passed away, unrelated to this case.