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Life
Law
24
Law
Undergraduate 1
07/20/2012

Additional Law Flashcards

 


 

Cards

Term
What are the duties of the commisioner?
Definition

The commissioner is empowered to issue:

  • PROHIBITORY ORDERS
  • MANDATORY ORDERS
  • DECLARATORY ORDERS

& Require persons to submit reports and other material

Term
What is an EXAMINATION by the commissioner and who PAYS?
Definition
  • The commisioner is required to examine every domestic insurer & licensed rate service organization.

The commissioner is able to demand any accounts, records, documents, etc. Failure for the insurer to comply can result in LIQUIDATION of the BUSINESS.

  • Cost is shared between domestic insurers.
  • For NON-domestic insurers, costs must be paid by examinee within TEN (10) days

 

 

Term
How long does an aggrieved person have to request a hearing with the commisioner?
Definition

Thirty (30) Days after the mailing of the order.

 

After 30 days, one waives the right for a hearing.

Term
How long does the commisioner have to hold a requested hearing?
Definition

He has to hold the hearing within

 

10 to 60 DAYS

 

after delivery of the request.

Term
How long does an aggrieved person have to request a RE-hearing?
Definition

20 DAYS.

 

If the commissioner does not act within 20 days after the re-hearing request, the petition has been denied.

Term
Can a person who was required to testify and give evidence at a hearing by the commisioner be criminally prosecuted after claiming self-incrimination?
Definition
No, but a person is not exempt from prosecution and punishment for perjury, false swearing or contempt committed in testifying.
Term
What is a compulsive forfeiture? How much is it?
Definition

If a person failed to comply with an order from the commisioner within TWO WEEKS after the notice is given, the commissioner can seek a compulsive forfeiture as considered by the court.

 

It can not exceed $5,000 for each day that the violation continues between the start of the action & the time the court renders judgement.

Term
Who/What is a person that markets insurance but does not include an insurer?
Definition
Firm
Term
When does a person pay not more than $1,000 per violation, per day that it continues?
Definition
  • Any person who violates an order after proper notice

Any person who violates an insurance statute or rule

  • "FIRMS": if the violation is connected to an insurance policy or group certificate obtained through the firm
Term
What are criminal penalties for any person and corporation intentionally violating or any person intentionally aiding a violation?
Definition

A person may be fined not more than $5,000 or jailed for up to 3 years.

 

Corporations may be fined up to $10,000.

Term

What is the

INSURANCE SECURITY FUND?

Definition

A fund established to provide certain protections to policyholders in the event of the insurance company's liquidation.

 

The primary duty is to pay unpaid claims to insureds when the court has issued an order of liquidation against the insurance company.

Term
Who places ceded reinsurance in this state and has an office or does business in this state and has an office outside the state unless licensed under a similar law in another state?
Definition
Reinsurance intermediary-broker
Term

Who

  • Solicits, negotiates, or places insurance on behalf of an insurer or person seeking insurance

OR

 

  • Advises othe persons about insurance needs & coverages?
Definition
Intermediary
Term
What are the 2 virtues required in order to be issued a license?
Definition
Trustworthy and Competent
Term
Does someone have to reside in Wisconsin to be eligible for an insurance license?
Definition
No. However, they must agree to be subject to the powers of teh commission and state courts.
Term
To qualify as an intermediary, does Wisconsin law require sponsorship by an insurance company?
Definition
No.
Term
What additional requirements are there for surplus agents/brokers?
Definition
The commissioner may require an agent or broker to supply a bond up to $100,000.
Term

TRUE or FALSE?

 

Applicants who have created a 2 year WI vocational shool degree in insurance

OR

 A four (4) year college degree in business with an insurance emphasis exempt from pre-licensing requirements?

Definition
TRUE
Term
Are agents required to complete continuing education?
Definition

Yes.

 

24 hours biennually.

3 of which must be ETHICS.

Term
After how many months of having a revoked license does an applicant have to re-satisfy pre-licensing education and testing?
Definition
12 Months.
Term
Within how many days does an agent have to report change in name, mailing or home address in writing to the commisioner?
Definition
30 DAYS
Term
How long must an agent maintain his/her records per Wisconsin law?
Definition

3 Years.

 

They must be kept at the agent's business address recorded with the commisioner.

Term
What regulation charges must a licensed agent pay to the commisioner?
Definition

Resident Agents: $35 biennually

 

Non Resident Agents: $70 biennually

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