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19- MICHIGAN LAWS AND RULES PERTINENT TO INSURANCE EXAM QUESTIONS AND ANSWERS WITH COMPLETE SOLUTIONS

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19- MICHIGAN LAWS AND RULES PERTINENT TO INSURANCE EXAM QUESTIONS AND ANSWERS WITH COMPLETE SOLUTIONS Departments of Insurance & Financial Services Department of Insurance and Financial Services is a principal department in the Michigan executive branch with responsibility for insurance and financial institutions. headed up by a commissioner appointed to a four year term has the power to revoke a producer's insurance license Cease & Desist Order The Commissioner may issue a cease-and-desist order to any person found to have committed an unfair or deceptive act or has violated a state insurance law Upon a hearing, a penalty of $500 per violation (not to exceed a total of $5,000) may be imposed Upon a hearing, a penalty of $2,500 per violation (not to exceed a total of $25,000) may be imposed if the person reasonably knew he was in violation Certificate of Authority The Commissioner will examine the financial affairs of all insurers before issuing a certificate of authority to transact business in Michigan Solvency The Commissioner will suspend the certificate of authority of any insurer that becomes insolvent, is threatened with insolvency, or is delinquent in claims payment. Producer A producer is any person who sells, solicits, or negotiates insurance contracts for compensation on behalf of an insurer. This includes submitting applications to the insurer, collecting premiums, and delivering policies to policyowners. Each agency that transacts insurance must be licensed by the insurance department. An insurance producer CANNOT act as an agent of an insurer until the insurance producer becomes appointed by the insurer. Counselor An insurance counselor is any person who, for a fee, offers to examine any policy for the purpose of giving advice or recommendations with respect to the benefits provided by the contract. An counselor must be licensed in the State of Michigan. Business Entity A business entity that acts as an insurance producer in any manner (sells, solicits, negotiates, advertises, collects commission) must be licensed in Michigan. The types of business entities that can be licensed in Michigan are corporations, limited liability companies, limited liability partnerships, partnerships, or sole proprietorships. Process An applicant for a resident producer license in Michigan must Be at least 18 years of age Meet the prelicensing education requirements required by Michigan law Have passed the state exam for the lines of authority in which licensure is sought Submit the application with fees Maintenance & Duration Producer licenses are renewable biennially (every two years) with fee, renewal application, and proof of completing continuing education (CE). Exceptions are made for producers who are in active military service or other extenuating circumstances by requesting a waiver. Applicant can apply 90 days prior to license expiration date nonresident Producer A producer who holds a resident license in a different state may apply for a nonresident license in Michigan, as long as both states have a reciprocal agreement. To apply, nonresidents must submit an application form, proof of resident license in good standing, and fees. Nonresident producer applicants do not have to take the Michigan state licensing exam, but must not have committed any act for which the license could be denied, suspended, or revoked. Temporary A temporary license may be issued in cases where a producer has become disabled or dies, requiring a replacement to service the producer's business. It also can be issued when the producer is actively serving in the military. A temporary license is valid for a maximum of 180 days. Continuing Education Resident producers must complete 24 hours of continuing education every 2 years to keep their license active. Of those 24 hours required, 3 hours must be in ethics. Nonresident producers are not required to complete Michigan continuing education requirements as long as their home state requirements are met. Reinstatement

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19- MICHIGAN LAWS AND RULES PERTINENT TO

INSURANCE EXAM QUESTIONS AND ANSWERS WITH

COMPLETE SOLUTIONS

Departments of Insurance & Financial Services


Department of Insurance and Financial Services is a principal department in the Michigan executive

branch with responsibility for insurance and financial institutions.

headed up by a commissioner appointed to a four year term has the power to revoke a producer's

insurance license


Cease & Desist Order


The Commissioner may issue a cease-and-desist order to any person found to have committed an unfair

or deceptive act or has violated a state insurance law

Upon a hearing, a penalty of $500 per violation (not to exceed a total of $5,000) may be imposed Upon a

hearing, a penalty of $2,500 per violation (not to exceed a total of $25,000) may be imposed if the

person reasonably knew he was in violation


Certificate of Authority


The Commissioner will examine the financial affairs of all insurers before issuing a certificate of authority

to transact business in Michigan


Solvency

,The Commissioner will suspend the certificate of authority of any insurer that becomes insolvent, is

threatened with insolvency, or is delinquent in claims payment.


Producer


A producer is any person who sells, solicits, or negotiates insurance contracts for compensation on

behalf of an insurer. This includes submitting applications to the insurer, collecting premiums, and

delivering policies to policyowners. Each agency that transacts insurance must be licensed by the

insurance department. An insurance producer CANNOT act as an agent of an insurer until the insurance

producer becomes appointed by the insurer.


Counselor


An insurance counselor is any person who, for a fee, offers to examine any policy for the purpose of

giving advice or recommendations with respect to the benefits provided by the contract. An counselor

must be licensed in the State of Michigan.


Business Entity


A business entity that acts as an insurance producer in any manner (sells, solicits, negotiates, advertises,

collects commission) must be licensed in Michigan. The types of business entities that can be licensed in

Michigan are corporations, limited liability companies, limited liability partnerships, partnerships, or sole

proprietorships.


Process


An applicant for a resident producer license in Michigan must

Be at least 18 years of age Meet the prelicensing education requirements required by Michigan law

Have passed the state exam for the lines of authority in which licensure is sought

Submit the application with fees

,Maintenance & Duration


Producer licenses are renewable biennially (every two years) with fee, renewal application, and proof of

completing continuing education (CE). Exceptions are made for producers who are in active military

service or other extenuating circumstances by requesting a waiver.

Applicant can apply 90 days prior to license expiration date


nonresident Producer


A producer who holds a resident license in a different state may apply for a nonresident license in

Michigan, as long as both states have a reciprocal agreement. To apply, nonresidents must submit an

application form, proof of resident license in good standing, and fees. Nonresident producer applicants

do not have to take the Michigan state licensing exam, but must not have committed any act for which

the license could be denied, suspended, or revoked.


Temporary


A temporary license may be issued in cases where a producer has become disabled or dies, requiring a

replacement to service the producer's business. It also can be issued when the producer is actively

serving in the military.

A temporary license is valid for a maximum of 180 days.


Continuing Education


Resident producers must complete 24 hours of continuing education every 2 years to keep their license

active. Of those 24 hours required, 3 hours must be in ethics. Nonresident producers are not required to

complete Michigan continuing education requirements as long as their home state requirements are

met.


Reinstatement

, A lapsed license may be reinstated within one year of the suspension date. The requirements include:

reinstatement application renewal fee plus a reinstatement fee proof of completion of continuation

education requirements


Probation, suspension, revocation, refusal to issue or renew of licenses


The Commissioner may levy a civil fine, place on probation, suspend, revoke, refuse to renew, or deny a

license to any person who has:

Provided incorrect, misleading, incomplete or untrue information in the license application

Violating any insurance laws, regulations, subpoena, or orders from the Insurance Commissioner

Obtaining to obtain a license through fraud or misrepresentation Intentionally misrepresent the terms of

an insurance contract Been convicted of a felony Committed any insurance unfair trade practice

Using fraudulent, coercive, or dishonest practices or demonstrating incompetence, untrustworthiness, or

financial irresponsibility in this or any other state.

Having an insurance license denied, suspended, or revoked by another state

Forging a name to an insurance document or application Cheating on an insurance license examination

Knowingly accepting insurance business from an unlicensed individual

Failing to comply with a court order imposing child support Failing to pay state income tax


Producer appointments


The agreement between an insurance producer and insurer under which the insurance producer, for

compensation, may sell, solicit, or negotiate policies issued by the insurer is called an appointment. A

producer cannot act as an agent for an insurer unless he or she is appointed to work for that insurer.

The insurer is required to file a notice of appointment to the Commissioner within 15 days from the date

date the first insurance application is submitted or agency contract is executed

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