Florida 2-20 General Lines Agent (Property, Casualty, Commercial Lines and Florida Law)Florida Law and EthicsMedium

A Florida 2-20 General Lines Agent is discussing the concept of 'rebating' with a client. Which of the following actions, if performed by an agent, would constitute an illegal rebate in Florida?

  1. AHosting an educational seminar on insurance topics and providing complimentary refreshments to attendees.
  2. BReducing the premium shown on the policy by returning a portion of the agent's commission to the insured.
  3. CProviding free insurance advice and policy analysis to a potential client without any obligation to purchase.
  4. DOffering a prospective client a small gift, such as a pen or calendar, with the agent's logo, valued at $10.
Show answer & explanation

Correct answer: B. Reducing the premium shown on the policy by returning a portion of the agent's commission to the insured.

Rebating is the illegal practice of returning a portion of the premium or the agent's commission to the insured as an inducement to purchase insurance. Offering a reduction in premium by returning commission directly constitutes rebating.

Why the other options are wrong

  • A. Educational seminars with refreshments are generally considered marketing and client engagement, not illegal rebating, as long as the value is reasonable and not tied to purchasing a policy.
  • C. Providing free advice is a legitimate service and does not involve any financial inducement related to premium or commission.
  • D. Small promotional items of nominal value (typically under $25) are generally permitted and do not constitute rebating.

Illegal Rebating (Florida)

Rebating is an illegal practice in Florida where an agent offers a reduction in premium or returns a portion of their commission to an insured as an inducement to purchase an insurance policy.

  • Prohibited by Florida Statute 626.9541 (1)(h).
  • Involves offering something of value not specified in the policy.
  • Aims to prevent unfair competition and discrimination among policyholders.
  • Does not include small promotional items of nominal value.

Memory trick: Don't 'rebate' by giving back money, it's a no-go.

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