Florida 2-15 Life, Health and Variable Annuity AgentFlorida Laws and Regulations Common to Life and Health InsuranceMedium

A Florida licensed life agent, John, is soliciting business. He tells a potential client that by purchasing a specific annuity product, they will receive a 'special dividend' that is not guaranteed in the policy contract but has been paid out 'historically'. What unfair trade practice is John committing?

  1. ASliding
  2. BMisrepresentation
  3. CTwisting
  4. DRebating
Show answer & explanation

Correct answer: B. Misrepresentation

John is making a false statement about a policy's benefits (a 'special dividend' that is not guaranteed) to induce a sale. This is a clear example of misrepresentation.

Why the other options are wrong

  • A. Sliding involves adding coverages or products to a policy without the insured's full knowledge or consent.
  • C. Twisting involves inducing a policyholder to lapse or surrender an existing policy to replace it with another to the insured's detriment.
  • D. Rebating involves offering inducements not specified in the policy, often a return of premium or special advantage.

Misrepresentation (Unfair Trade Practice)

Making false statements or omitting material information about policy terms, benefits, dividends, or financial condition of an insurer to induce a person to purchase or lapse a policy.

  • Involves untrue statements or misleading omissions.
  • Can apply to policy features, financial status, or dividends.
  • Aims to induce a sale or policy change.

Memory trick: Don't misrepresent the facts, or you'll misplace your license.

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