Life-Producer Maryland Life Producer Exam (Series 20-27) Questions and Answers

Meaning of the doctrine of reasonable expectations.

This doctrine holds that insurance policies should be interpreted according to the reasonable expectations of the average insured, even if strict legal wording might suggest otherwise.

Why this doctrine exists.

Insurance contracts are:

Complex

Drafted by insurers

Typically non-negotiable

Evaluate each option.

A. Indemnity

Restores the insured to pre-loss condition.

B. Comity

A legal courtesy between jurisdictions.

C. Reasonable expectations

Correct.

D. Subrogation

Allows insurer to recover from a responsible third party.

Maryland consumer protection relevance.

Maryland courts often construe ambiguities in favor of the insured, consistent with reasonable expectations.

Conclusion.

The applicable doctrine is reasonable expectations.

Producers have defined responsibilities, but they:

Do not approve policies for issue (C); this authority lies with the insurer's underwriting department.

Deliver policies (A) and notify insurers about replacements (B) as part of their role.

Collecting initial premiums (D) is a standard practice.

Interest guarantees in fixed annuities.

Fixed annuities promise a minimum guaranteed interest rate stated in the contract.

Protection for annuity owners.

Even if market rates decline, the insurer must credit at least the guaranteed rate.

Evaluate each option.

Expected renewal rate: Not guaranteed.

Guaranteed rate: Contractually binding.

Prime rate: Unrelated to annuities.

Front-end load: A fee concept, not interest.

Maryland suitability relevance.

Guaranteed minimums protect consumers and are a key disclosure requirement.

Conclusion.

Fixed annuities credit no less than the contract guaranteed rate.

The Maryland Insurance Administration (MIA) is the regulatory body responsible for ensuring compliance with state insurance laws, including identifying unfair trade practices:

The Maryland Insurance Administration (A): Has statutory authority to examine insurers’ books and records to investigate potential violations and protect consumers.

National Association of Insurance Commissioners (B): Provides guidance but lacks enforcement powers in Maryland.

Federal Deposit Insurance Corporation (C): Regulates banks, not insurers.

PCIGC (D): Handles claims for insolvent insurers but does not investigate trade practices.

Definition of needs analysis.

Needs analysis is a planning method that evaluates:

Income replacement

Debts

Education funding

Final expenses

Survivor needs

Purpose of the method.

To determine how much life insurance is needed, not just whether insurance is needed.

Evaluate each option.

A. Identifies needs of the individual and dependents

Correct. This is the core function.

B. Eliminates future estimates

Incorrect. Inflation and interest must still be considered.

C. Requires underwriter participation

Incorrect. Needs analysis is done by the producer and client.

D. Ignores Social Security

Incorrect. Social Security benefits are included in analysis.

Maryland suitability relevance.

Needs analysis supports suitability and good-faith recommendations required by Maryland law.

Conclusion.

Needs analysis identifies the financial needs of the individual and dependents.

Definition of beneficiaries in life insurance.

A primary beneficiary is first in line to receive policy proceeds.

A contingent beneficiary receives proceeds only if the primary beneficiary cannot.

Apply the rule.

Under Maryland life insurance principles, the contingent beneficiary’s rights arise only if the primary beneficiary dies before the insured or is otherwise legally unable to receive proceeds.

Evaluate each option.

A. After proceeds are paid to the primary beneficiary

Incorrect. Once paid, proceeds are exhausted.

B. After debts are settled

Incorrect. Beneficiary rights are independent of estate debts.

C. If the primary beneficiary has predeceased the insured

Correct. This is the precise condition triggering contingent beneficiary rights.

D. If the contingent beneficiary is a child

Incorrect. Relationship alone does not determine entitlement.

Conclusion.

A contingent beneficiary is entitled to proceeds only if the primary beneficiary predeceases the insured.

Definition of insurer reserves.

Reserves represent the amount an insurer sets aside to meet future policy obligations, including death benefits and annuity payments.

Evaluate each option.

A. Surplus

Represents excess assets over liabilities, not the liability itself.

B. Reserves

Correct. Reserves are recorded as liabilities on the insurer’s balance sheet.

C. Contingency fund

A general term, not the statutory accounting liability.

D. Capital account

Reflects ownership equity, not policy obligations.

Maryland solvency regulation relevance.

The Maryland Insurance Administration closely monitors reserves to ensure insurers remain solvent and able to meet policyholder obligations.

Conclusion.

Future obligations to policyholders are reflected in reserves.

Definition of annuity replacement.

Replacement occurs when an existing annuity is surrendered, lapsed, or terminated and replaced with a new annuity.

Why replacements are regulated.

Replacements may trigger:

Surrender charges

Loss of benefits

Restart of surrender periods

Maryland disclosure requirements.

Producers must disclose all consequences of annuity replacement to comply with good-faith and suitability rules.

Why the other options are incorrect.

Conversion: Applies to term-to-permanent policies.

Continuation: Keeping the same contract.

Reinstatement: Restoring a lapsed policy.

Conclusion.

Terminating one annuity and issuing another is a replacement.

Purpose of the Maryland Life and Health Insurance Guaranty Corporation.

Maryland established the Life and Health Insurance Guaranty Corporation to provide limited protection to policyholders when a licensed insurer becomes insolvent or impaired.

The protection applies only to policies and contracts issued by authorized insurers.

Evaluate each option.

A. Impairment of the insurer

Correct. The guaranty association exists specifically to protect consumers when an insurer fails to meet contractual obligations due to insolvency or impairment.

B. Riots, war, or acts of God

These are risks addressed by insurance policies, not guaranty associations.

C. Producer’s fraudulent actions

Producer misconduct is addressed through licensing enforcement and legal remedies, not guaranty funds.

D. Impending insurance legislation

Legislative changes do not trigger guaranty association protection.

Conclusion.

The guaranty corporation protects against insurer insolvency, making option A correct.

Underwriting involves evaluating risk factors that could influence the likelihood of claims and ensuring compliance with anti-discrimination laws.

Ethnic heritage (A): Incorrect. Using ethnic heritage as an underwriting factor violates anti-discrimination laws, including Maryland Insurance Article §27-501.

Amount of insurance applied for (B): Correct. Insurers consider coverage amounts to assess risk and pricing.

Driving record (C): Correct. Poor driving history, particularly DUI incidents, increases risk.

Family health history (D): Correct. Inherited conditions and family medical history help predict potential health risks.

Purpose of the needs approach.

The needs approach calculates the amount of life insurance needed to meet specific financial obligations upon the insured’s death.

Apply the concept.

It considers income replacement, debts, education costs, and final expenses.

Evaluate each option.

A. Types of individuals

Prospecting issue, not a needs analysis.

B. Amount of life insurance

Correct. This is the primary use of the needs approach.

C. Best companies

Product selection issue, not needs-based.

D. Prospecting method

Sales strategy, not needs-based.

Maryland suitability relevance.

Maryland requires producers to make suitable recommendations, and the needs approach supports suitability and good faith.

Conclusion.

The needs approach is used to determine how much insurance to recommend.

Nature of qualified profit-sharing plans.

Profit-sharing plans are qualified retirement plans under federal tax law.

Tax treatment of contributions.

Employer contributions to the plan are not included in the employee’s current taxable income.

Taxes are deferred until distribution.

Why the other options are incorrect.

A. Avoid penalties: Early distributions may still be penalized.

C. Defined benefit vs. defined contribution: Profit-sharing plans are defined contribution plans only.

D. Earnings tax-free: Earnings are tax-deferred, not tax-free.

Maryland tax conformity.

Maryland generally follows federal income tax treatment for qualified plans.

Conclusion.

The key advantage is current income tax exclusion of contributions.

Definition of an immediate annuity.

An immediate annuity is designed to begin income payments shortly after purchase, usually within one year.

Key structural feature.

Immediate annuities are purchased with a single lump sum.

Payments begin almost immediately.

Why there is no accumulation period.

The accumulation period exists only in deferred annuities, where funds grow before payout.

Immediate annuities move directly into the annuity (payout) phase.

Evaluate each option.

A. Purchased in installments

Incorrect; installment purchases describe flexible premium deferred annuities.

B. Pays a lump sum

Incorrect; it pays periodic income, not a lump sum.

C. Lacks an accumulation period

Correct.

D. Tax-deductible contributions

Incorrect; contributions are generally not deductible unless within a qualified plan.

Conclusion.

An immediate annuity has no accumulation period.

Types of whole life policies.

Both continuous premium and limited payment whole life policies provide lifetime coverage.

Key difference between the two.

Continuous premium whole life requires premiums to be paid for the insured’s entire life.

Limited payment whole life requires premiums for a shorter, defined period (e.g., 20-pay, paid-up at 65).

Evaluate each option.

A. Length of time premiums are paid

Correct. This is the distinguishing feature.

B. Settlement options

Generally the same for both.

C. Mortality table

The same actuarial principles apply.

D. Dividend form

Not a distinguishing feature.

Conclusion.

The primary difference is how long premiums are paid.

Under a 1035 exchange, policyholders can replace an insurance policy or annuity without immediate tax consequences. However, gains realized later upon surrender of the new policy are taxed as:

Ordinary income (A): The difference between the cash surrender value and the cost basis (premiums paid) is taxed as income.

Capital gains (B): Not applicable because gains on life insurance are classified as ordinary income.

Ordinary income plus a 10% surcharge (C): The 10% penalty applies only to premature withdrawals from retirement accounts, not life insurance.

Deferred capital gain (D): Does not apply, as life insurance gains are not taxed under capital gain rules.

Continuing education (CE) oversight in Maryland.

Maryland requires licensed producers to complete approved CE courses to maintain competence and compliance.

Evaluate each option.

A. NAIC

The NAIC develops model laws but does not approve courses.

B. Agency manager

No regulatory authority over CE approval.

C. Maryland Insurance Administration

Correct. The MIA approves CE providers and course content.

D. Individual insurers

Insurers cannot approve CE requirements.

Good-faith and consumer protection relevance.

MIA oversight ensures CE content supports ethical conduct and compliance with Maryland insurance laws.

Conclusion.

The Maryland Insurance Administration is responsible for approving CE courses.

Participating life insurance policies are typically issued by mutual insurers and allow policyholders to:

Receive dividends (A), which are excess profits returned to policyholders.

Policyholders are not assessed for losses (B); insurers absorb losses.

The insured and policyowner can be separate entities, invalidating (C).

Mutual insurers, not stock companies, issue most participating policies, making (D) incorrect.

The incontestability clause prevents insurers from voiding a policy after a specified period, except in cases of fraud or non-payment of premiums:

2 years (C): Maryland law mandates a maximum incontestability period of two years. After this period, the insurer cannot deny claims due to misstatements on the application.

30 days (A) and 6 months (B): Too short for standard incontestability clauses.

3 years (D): Exceeds the Maryland limit.

Purpose of the incontestability clause.

Protects policyowners from having claims denied long after issuance.

Encourages insurers to investigate applications promptly.

How contestability works.

For the first two years, insurers may contest the policy for material misrepresentation.

After two years, the policy becomes incontestable, except for fraud in some jurisdictions.

Evaluate each option.

A. Cannot be contested once issued

Incorrect. The contestable period still applies.

B. Contestable only during first two years

Correct.

C. Contestable at all times

Incorrect. This would defeat the purpose of the clause.

D. Only if felony conviction

Incorrect and unrelated.

Maryland statutory relevance.

Maryland requires incontestability provisions in life insurance policies.

Conclusion.

A life insurance policy is contestable only during the first two years.

The entire contract clause ensures transparency by limiting the policy's terms to the policy document and any attached application materials.

The application attached to the policy (B): Correct. It becomes part of the legal agreement between the insurer and the policyholder.

The Medical Information Bureau report (A): Used for underwriting but not part of the policy.

Any attending physician's statement (C): May inform underwriting but is not included in the policy.

The producer’s report to the insurer (D): Internal to the insurer and irrelevant to the contract itself.

Definition of the law of large numbers.

This actuarial principle states that as the number of exposure units increases, actual losses will more closely match expected losses.

Why insurers rely on this law.

It allows insurers to:

Set accurate premiums

Maintain solvency

Spread risk efficiently

Evaluate each option.

A. Predictability is impaired

Incorrect; predictability improves.

B. Individual losses predicted

Incorrect; only group results are predictable.

C. Predictability improves

Correct.

D. Number of losses decreases

Incorrect; frequency does not necessarily decline.

Maryland solvency oversight relevance.

The Maryland Insurance Administration relies on actuarial predictability to ensure insurers remain financially sound.

Conclusion.

Increasing similar exposure units improves predictability of losses.

When a death claim is filed on a life insurance policy with an outstanding loan:

Deducted from the face amount (A): The death benefit is reduced by the loan balance plus any accrued interest, ensuring the insurer recovers the outstanding debt.

Beneficiary obligation (B): Incorrect. The beneficiary receives the adjusted benefit without personal liability for the loan.

Claim against the estate (C): Incorrect. The loan is tied to the policy, not the estate.

Canceled without adjustment (D): Incorrect, as insurers must recoup the loan amount from the death benefit.

Ethical responsibilities and state laws mandate that insurance producers act in good faith when handling applications.

Reporting material facts to the insurer (D): Producers must disclose any information that could impact underwriting decisions. Transparency ensures that policies are accurately priced and legally enforceable.

Denying knowledge (A): Violates ethical and legal obligations.

Acknowledging facts only if asked (B): Demonstrates bad faith and can lead to legal penalties.

Advising applicants to amend (C): While this helps, it does not fulfill the producer’s duty to inform the insurer.

Understanding multi-life insurance policies.

Some policies cover more than one insured under a single contract.

Evaluate each option.

A. Modified life

A premium structure, not a multi-life policy.

B. Joint and survivorship

Pays upon the death of the last insured, not the first.

C. Convertible term

Refers to conversion rights, not number of insureds.

D. Joint life

Correct. Pays the death benefit at the first death.

Common uses.

Often used in business arrangements or family protection plans.

Conclusion.

A joint life policy pays upon the first death.

Purpose of nonforfeiture options.

Nonforfeiture options ensure that a policyowner does not lose all value if premiums stop.

Evaluate each option.

A. Endowment value option

Not a standard nonforfeiture option.

B. Extended term insurance option

Uses cash value to buy term insurance for the same face amount, not the same policy type.

C. Loan value option

Involves borrowing, not policy continuation.

D. Reduced paid-up insurance option

Correct. Uses net cash value to purchase a paid-up policy of the same type with a reduced face amount.

Maryland consumer protection relevance.

Maryland nonforfeiture requirements ensure policyholders retain fair value upon lapse.

Conclusion.

The reduced paid-up insurance option meets the description, making option D correct.

The insurer’s expenses are a critical factor in premium calculations. Insurers must cover operational costs, claims payouts, reserves, and regulatory compliance while ensuring profitability.

Insurer (B): Correct. Expenses such as underwriting, administrative costs, and agent commissions are incorporated into the premium.

Producer (A): Costs are included indirectly through commissions but are not a direct factor.

Policy beneficiary (C): Plays no role in premium determination.

Policy owner (D): Pays the premium but does not influence expense considerations.

The Maryland Insurance Administration (MIA) is a state government entity responsible for regulating the insurance industry in Maryland.

State government (B): MIA enforces insurance laws, reviews policy forms, licenses insurers and producers, and investigates consumer complaints.

Federal government (A): Oversees broader regulations, like ERISA, but does not directly manage state-level insurance matters.

National Association of Insurance Commissioners (C): A regulatory support organization, not a governing body.

Maryland General Assembly (D): Creates state laws, but enforcement falls under the MIA.

The principle of estoppel prevents a party from asserting rights or enforcing terms if their prior actions contradicted such enforcement.

Estoppel (C): If the insurer knowingly disregards a policy provision (e.g., a late premium payment), they may be barred from enforcing it later if the policyholder relied on the prior inaction.

Adhesion (A): Refers to contracts where terms are dictated by one party (e.g., the insurer), not applicable here.

Waiver (B): Occurs when an insurer voluntarily relinquishes a known right but does not necessarily create future obligations like estoppel does.

Subrogation (D): Involves transferring the insured’s claim rights to the insurer after a loss, unrelated to this scenario.

HIV testing is used by insurers to evaluate the health risks associated with the applicant and determine insurability.

The insurability of the proposed insured (D): Correct. HIV status can impact underwriting decisions, subject to Maryland’s anti-discrimination laws.

The type of policy issued (A): Irrelevant, as this is determined by the applicant’s preferences and eligibility.

Effective date and term of coverage (B): Determined separately from medical testing.

Whether an insurable interest exists (C): Based on the relationship between the policyholder and insured, not medical testing.

The IRS allows a penalty-free distribution of up to $10,000 from an IRA for qualified first-time homebuyers, provided the funds are used for eligible home purchase expenses.

$10,000 (C): Correct. This is the lifetime maximum allowed per participant.

$2,000 (A) and $5,000 (B): Too low for the current IRS rules.

$20,000 (D): Exceeds the limit and is incorrect.

Understanding structured payments.

Large settlements and awards are often paid over time to provide steady income, improve financial security, and reduce the risk of rapid depletion.

Evaluate each option.

A. Modified endowment contract (MEC)

Used for life insurance tax classification, not settlement structuring.

B. Individual retirement account (IRA)

Designed for retirement savings, not settlement payouts.

C. 403(b) tax-sheltered annuity

Employer-sponsored retirement plan for certain employees.

D. Immediate annuity

Correct. Immediate annuities are commonly used to provide guaranteed periodic payments from a lump sum.

Maryland claims and settlement context.

Structured settlements using immediate annuities are widely accepted in Maryland liability claims as they promote long-term financial stability, aligning with good-faith settlement practices.

Conclusion.

An immediate annuity is the standard tool used to structure large settlement payments.

For life insurance, an insurable interest exists when there is a legitimate interest in the continued life of another person:

Marriage partners (C) inherently have insurable interest due to emotional and legal ties.

Competitors (A) and traveling companions (D) do not usually meet the legal threshold.

Business associates (B) may have insurable interest, but only in specific agreements (e.g., buy-sell agreements).

A rollover IRA is used to defer taxes on qualifying distributions.

Proceeds from a life insurance policy (A) are generally not eligible for tax-deferred treatment.

Refunds from a refund life annuity (B) are considered taxable income and not eligible for rollover.

Amounts paid to a spouse under a tax-sheltered annuity (C) qualify for rollover treatment because they meet IRS rollover rules for deferred taxation.

IRAs inherited from parents (D) follow different tax rules and cannot be directly rolled over into a new IRA.

Offering settlements below fair value (D) is prohibited as an unfair claims settlement practice under Maryland law. Insurers must handle claims in good faith and pay fair settlements based on policy terms.

Negotiating claims (A): Permitted when there are legitimate disputes over coverage or liability.

Denying claims (B): Allowed if based on valid policy exclusions or conditions.

Including arbitration provisions (C): Legal, provided they comply with state guidelines and are not coercive.

Unfair claims settlement practices include:

Misrepresenting policy provisions.

Failing to promptly investigate or settle claims.

Attempting to settle for less than reasonable amounts.

Family life insurance policies provide comprehensive coverage for families, including automatic coverage for certain dependents.

Option A: Correct. A significant portion of the premium funds whole life insurance for the primary insured (typically the head of household).

Option B: Correct. Dependent children born after the policy is issued are automatically covered, often without additional cost or underwriting.

Option C: Incorrect. Family life insurance policies are not restricted to individuals under 30; this criterion does not exist in standard policy guidelines.

Option D: Correct. Coverage for dependents can often be converted to whole life insurance at specific ages or policy milestones without medical underwriting.

Premature distributions from an Individual Retirement Account (IRA) before age 59½ are subject to a 10% penalty tax, in addition to regular income tax, unless an exception applies.

10% (B): Correct. This is the standard penalty for early withdrawals under IRS regulations.

5% (A): Too low and not applicable to IRA penalties.

20% (C): Refers to mandatory withholding for some plan distributions, not the penalty rate.

50% (D): Applies only to missed Required Minimum Distributions (RMDs), not early withdrawals.

Exceptions to the 10% penalty:

First-time homebuyers (up to $10,000).

Qualified education expenses.

Medical expenses exceeding a certain percentage of adjusted gross income (AGI).

Role of federal securities regulation.

Securities laws regulate investments such as:

Stocks

Bonds

Variable life insurance

Variable annuities

Authority of the SEC.

The Securities and Exchange Commission (SEC) is the federal agency created by Congress to:

Enforce federal securities laws

Regulate securities markets

Protect investors

Relevance to insurance producers.

Maryland producers selling variable products must:

Hold an insurance license, and

Be registered with FINRA and regulated by the SEC.

Why the other options are incorrect.

The other agencies listed do not exist under federal law.

Conclusion.

The SEC enforces securities laws enacted by Congress.

Insurance licensees in Maryland are required to report certain changes to the Maryland Insurance Administration (MIA):

Change of name (A): Must be reported promptly to ensure accurate licensure records.

Change of residence address (B): Also required for communication and compliance purposes.

Felony convictions (D): Mandatory disclosure to maintain transparency and evaluate fitness for licensure.

Change in financial status (C): Not required unless it directly affects the licensee’s ability to meet financial obligations tied to the license (e.g., bonding requirements).

Accelerated benefits allow a policyholder to receive a portion of the death benefit early, often due to terminal illness or specific qualifying conditions:

Decreases the death benefit (D): The accelerated amount reduces the death benefit available to beneficiaries.

Increases the cash value (A): Incorrect; accelerated benefits are drawn from the policy, reducing cash value and death benefits.

Increases the policy premium (B): Premiums generally remain unchanged.

Decreases the grace period (C): Not affected by accelerated benefits.

Maryland’s Unfair Claim Settlement Practices standards.

Maryland law requires insurers to:

Promptly investigate claims

Act in good faith

Attempt fair and equitable settlements when liability is clear

Analyze each option carefully.

A. Compromise settlements when facts are in question

This is a legitimate and encouraged claims practice.

B. Denying coverage after timely investigation

Permissible if the denial is based on policy terms.

C. Failing to promptly investigate and settle legitimate claims

This is a classic unfair claims settlement practice under Maryland law.

D. Compelling litigation when a real dispute exists

Allowed when coverage is genuinely disputed.

Good-faith obligation.

Delays or failures to settle valid claims undermine the insurer’s duty of good faith and fair dealing.

Regulatory consequences.

Such conduct may lead to:

Administrative penalties

Market conduct actions

Civil bad-faith exposure

Conclusion.

Failure to promptly investigate and settle valid claims is an unfair claims settlement practice.

Purpose of key person life insurance.

Key person insurance protects a business against financial loss caused by the premature death of a critical employee.

Types of losses covered indirectly.

Loss of revenue

Loss of expertise or leadership

Costs associated with:

Recruiting a replacement

Training a replacement

Loss of business continuity

Evaluate each option carefully.

A. Tax deduction

Incorrect. Premiums for key person insurance are generally not tax-deductible.

B. Pay estate taxes for the employee

Incorrect. Estate taxes are a personal matter, not a business obligation.

C. Pay the employee’s mortgage

Incorrect. This is unrelated to the business’s financial exposure.

D. Pay for replacement costs

Correct. This is a classic and legitimate use of key person insurance.

Maryland insurable interest relevance.

Maryland law recognizes that businesses have an insurable interest in key employees whose death would cause economic harm.

Conclusion.

Businesses buy key person life insurance to cover financial losses and replacement costs.

Definition of twisting under Maryland insurance law.

Twisting occurs when a producer knowingly makes misrepresentations or incomplete comparisons to induce a policyowner to lapse, surrender, or replace an existing policy.

Apply the facts of the scenario.

The producer knowingly misrepresented facts.

The goal was to convince the applicant to give up an existing policy and buy a replacement policy.

Why the other options are incorrect.

Fraud is broader and often involves criminal deception; twisting is the specific insurance violation described here.

Discrimination involves unfair treatment between insureds of the same class.

Rebating involves illegal inducements such as returning part of a premium.

Conclusion.

This conduct fits precisely within the definition of twisting, which is prohibited in Maryland.