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Life-Health-Laws 16
Other unfair practices

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Other unfair practices

Here are some more things that can get an agent in trouble...

False statements and entries. This includes filing any false material statement with any supervisory official and knowingly making false entries or leaving out material facts in reports.

Failure to maintain compliant-handling procedures. Complaints are written communication that primarily express a grievance and insurance companies are required to keep records of them since the date of the last market conduct examination.

Advertising gifts permitted. An insurer or agent may give to insureds, prospective insureds, and others, for the purpose of advertising, any article of merchandise having a value of not more than $100.

Life insurance limitations based on past foreign travel experiences or future foreign travel plans. Past lawful foreign travel experiences are not allowed to effect issuance of life insurance, nor is it allowed to limit the amount or type of life insurance coverage available to an individual unless the insurance company can prove to the OIR that it is actuarially supported.

Loan or extension of credit; voluntary selection of insurer. No lender may require, as a condition to lending money or extension of credit, that the person purchase a policy through a particular insurer, agent, or broker. (This is considered coercion as discussed earlier.)

Unfair claims practices

Unfair claims practices include several things, including but not limited to the following:

Fraud

Fraud is an intentionally deceptive act, and anyone who intentionally submits false material facts to an insurance company commits a fraudulent act. This was originally discussed at the end of chapter 3. Remember that the contestable period allows the insurance company to void the policy and return premiums within the first two years.

Fraudulent signatures on an application or policy-related document

Willfully submitting fraudulent signatures on an application or other policy-related document is a third-degree felony.

Proof of loss; fraud statement

All proof-of-loss paperwork must prominently display the following statement:

"Pursuant to subsection 817.234, Florida Statutes, any person who, with the intent to injure, defraud, or deceive any insurer or insured, prepares, presents, or causes to be presented a proof of loss or estimate of cost or repair of damaged property in support of a claim under an insurance policy knowing that the proof of loss or estimate of claim or repairs contains any false, incomplete, or misleading information concerning any fact or thing material to the claim commits a felony of the third degree."

 

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