Ethics Final Push Flashcards

(59 cards)

1
Q

What marketing/communication laws affect agents’ outreach?

A

National Do Not Call List (DNCL) rules and Canada’s Anti‑Spam Legislation (CASL).

(1.6.3; 1.6.4)

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2
Q

Which provincially/territorially sponsored programs are commonly referenced?

A

No‑fault automobile insurance, workers’ compensation, and universal health/drug plans.

(1.4.2; 1.4.2.1–1.4.2.3)

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3
Q

What constitutes ‘delivery of policy’ for effectiveness?

A

Insurer issues policy and it is delivered to the policyholder per contract/provincial rules; delivery triggers certain rights.

(2.2.1.5)

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4
Q

Name the three main forms of persons recognized in law that agents may deal with.

A

Natural persons (individuals)
partnerships, and legal persons (corporations).

(1.2.2)

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5
Q

What is ‘civil fault’ in the context of insurance practice?

A

A wrongful act/omission breaching a duty of care that can give rise to liability.

(1.3.1)

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6
Q

What is ‘payment into court’ used for?

A

When entitlement is disputed or unclear, insurer may pay proceeds to the court to resolve competing claims.

(3.3)

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7
Q

Give one example of denial of claim on public order grounds.

A

Claims arising from illegal acts or excluded unlawful activity may be denied.

(3.6.1)

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8
Q

Who is the ‘claimant’ in a life claim scenario?

A

The person/entity legally entitled to claim proceeds (beneficiary, estate, assignee, or trustee).

(3.1.1)

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9
Q

What are the pillars of ‘making proper disclosure’?

A

Clear product disclosure; replacement disclosure; disclose commission sharing and referral fees as required.

(4.2.4; 4.2.4.1–4.2.4.4)

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10
Q

What is the general timeframe to pay a valid claim?

A

Insurers must pay within the statutory/contractual period after receiving satisfactory proof of claim.

(3.5)

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11
Q

Define ‘trusts and trustees’ in simple terms for agents.

A

A trust separates legal ownership (trustee) from beneficial ownership (beneficiary); used in estate/benefits planning.

(1.2.8)

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12
Q

What is the rule around company‑provided illustrations?

A

Do not alter/misuse illustrations; use approved, compliant materials only.

(4.2.3.12)

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13
Q

What is OLHI’s role?

A

Independent dispute‑resolution service for life/health insurance complaints in Canada.

(4.1.4.4)

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14
Q

What is the ‘10‑day free look’ right?

A

A statutory rescission right allowing the policyholder to cancel and receive a refund within the prescribed period.

(2.3.1)

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15
Q

What is the primary role of provincial/territorial insurance regulators?

A

To license agents, enforce conduct rules, and protect consumers in their jurisdiction.

(4.1.2)

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16
Q

What is the general rule for forming an individual insurance contract?

A

Offer
acceptance by insurer
consideration (premium), and compliance with statutory conditions.

(2.2.1)

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17
Q

What is ‘temporary insurance’ in underwriting?

A

Provisional coverage (e.g., conditional receipt) before final approval, subject to stated conditions.

(2.2.1.2)

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18
Q

Name the main actors in group insurance policies.

A

Plan sponsor
insurer
members (and possibly dependants)
beneficiaries.

(2.1.5–2.1.5.4)

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19
Q

What does ‘holding out improperly’ mean?

A

Presenting oneself with titles/credentials or authority one does not have.

(4.2.3.11)

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20
Q

What documentation is common for AD&D claims?

A

Accident report, medical records, death certificate, and proof of loss forms.

(3.7.1.1)

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21
Q

What continuing obligations fall under ‘acting in compliance’?

A

Maintain E&O, document the file thoroughly, and follow contract delivery rules.

(4.2.5; 4.2.5.1–4.2.5.3)

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22
Q

Who are the core parties to an individual policy?

A

Insurer, policyholder, life insured, and beneficiary.

(2.1)

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23
Q

What is the general rule about using financial planner/advisor titles?

A

Use is restricted to those who qualify under applicable provincial title protection laws and regulations.

(4.3 – note on FP/FA title protection)

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24
Q

How should agents manage conflicts of interest?

A

Prioritize client’s interest, disclose conflicts/potential conflicts, ensure product suitability, and avoid conflicting occupations.

(4.2.2; 4.2.2.1–4.2.2.4)

25
What does CISRO do?
Coordinates regulatory services across jurisdictions and maintains the disciplinary actions database. ## Footnote (4.1.3)
26
Differentiate absolute and collateral assignment.
Absolute transfers all rights to the assignee; collateral is a security interest only, limited to debt satisfaction. ## Footnote (2.5.1–2.5.2)
27
Name two core ethical values emphasized for agents.
Care, competence, integrity, client‑first mindset, transparency, and fairness. ## Footnote (4.2.7)
28
What is a contingent beneficiary?
A backup beneficiary who receives proceeds if the primary beneficiary predeceases or cannot take. ## Footnote (2.1.4.4)
29
List the federally sponsored or facilitated programs relevant to agents.
CPP (including disability), OAS with GIS, and Employment Insurance. ## Footnote (1.4.1; 1.4.1.1–1.4.1.3)
30
What is 'commingling' of funds?
Misappropriating client funds by mixing them with personal/business funds; strictly prohibited. ## Footnote (4.2.3.9)
31
What does CCIR focus on?
Harmonizing insurance regulation and issuing guidance on market conduct. ## Footnote (4.1.4.5)
32
What is a Managing General Agent (MGA)?
A distribution intermediary contracted by insurers to recruit/support agents and perform certain administrative and compliance functions. ## Footnote (1.1.6)
33
What key point about minors and guardians should agents remember?
Minors generally lack capacity to contract; guardians or legal representatives may be required for policy decisions. ## Footnote (1.2.3)
34
Why is misrepresentation prohibited?
It deceives clients/insurers and can void coverage and lead to sanctions. ## Footnote (4.2.3.8)
35
How can marriage and common-law status affect insurance planning?
It impacts beneficiary designations, property rights, insurable interest, and consent requirements. ## Footnote (1.2.5)
36
Why should agents know bankruptcy basics?
Bankruptcy can affect ownership, creditor protection, and assignment of policies/benefits. ## Footnote (1.2.9)
37
What happens if false statements are made on a licensing application?
Possible licence revocation and administrative penalties. ## Footnote (4.3.2)
38
Differentiate independent agents and career agents.
Independent agents place business with multiple insurers career agents are typically contracted/exclusive with one insurer. ## Footnote (1.1.5.1–1.1.5.2)
39
What is the 'disappearance and presumption of death' rule?
After a statutory period and evidence, courts may presume death to process claims. ## Footnote (3.2)
40
Give two examples of unfair or deceptive acts agents must avoid.
Tied selling; churning/twisting; premium rebating; trafficking; inducing to insure; fronting; delaying delivery. ## Footnote (4.2.3; 4.2.3.1–4.2.3.7)
41
Name two common riders in life policies.
Examples: waiver of premium, accidental death benefit, term rider, guaranteed insurability. ## Footnote (2.6.1.10)
42
What distinguishes an Enduring Power of Attorney from a standard Power of Attorney?
An Enduring PoA continues to be effective during the grantor’s incapacity; a regular PoA may not. ## Footnote (1.2.4.1–1.2.4.2)
43
Why might medical examinations be required in disability claims?
To confirm disability definitions, duration, and ongoing eligibility per policy. ## Footnote (3.7.2.2)
44
Define 'successor policyholder.'
A person designated to become policyholder on the current policyholder’s death or incapacity per policy terms or law. ## Footnote (2.1.2.1)
45
When may an applicant conduct insurance activities?
Only after holding a valid licence and having appropriate employment/agency contract. ## Footnote (4.3.2)
46
Why are wills, estates, and successions relevant to life insurance agents?
They govern distribution of proceeds on death, interactions with intestacy, and executor authority. ## Footnote (1.2.7)
47
Why are 'limitation periods' critical for claims?
They set deadlines to commence legal actions; missing them can bar recovery. ## Footnote (1.3.2)
48
What does 'acting in good faith' encompass?
Duty of care, integrity, and competence in all dealings with clients and insurers. ## Footnote (4.2.1; 4.2.1.1–4.2.1.3)
49
What makes an irrevocable beneficiary designation unique?
It cannot be changed without the beneficiary’s consent, and may restrict certain policy changes/assignments. ## Footnote (2.1.4.1)
50
In the LLQP Ethics manual, what does the term 'life insurance' broadly cover in this module?
All categories of insurance of persons: life insurance, accident & sickness (living benefits), annuity contracts (seg funds, GIAs, immediate annuities) and supplemental pension plans. ## Footnote (Foreword – Note 1)
51
What federal privacy statute should agents consider when handling personal information?
PIPEDA (Personal Information Protection and Electronic Documents Act). ## Footnote (1.5.1.1)
52
How are seg fund/annuity death benefits handled pre‑ vs. post‑retirement?
Death before retirement: beneficiary may get market value or guarantee per contract; after retirement: depends on annuity/survivor options. ## Footnote (3.8.1–3.8.2)
53
Why is forging or making a false document unethical and unlawful?
It’s fraud/forgery and violates statutes and conduct codes. ## Footnote (4.2.3.10)
54
How do accidental vs. natural causes affect claims?
Benefits/coverage may differ; accidental death riders have specific causation/exclusion tests. ## Footnote (3.1.4.5)
55
How does fraud/misrepresentation affect policy termination timelines?
Insurer can void/terminate for fraud or material misrepresentation within contestability rules; differing standards apply within/after two years. ## Footnote (2.4.1–2.4.1.3)
56
What is the policy loan vs. collateral loan distinction?
Policy loan is from the insurer against CSV; collateral loan is from a third party with the policy assigned as security. ## Footnote (2.6.1.9)
57
Give one difference between expiry/termination vs. surrender.
Surrender ends the policy voluntarily, often for cash value; expiry/termination occurs per contract terms or non‑payment. ## Footnote (2.3.2–2.3.3)
58
What is a 'notice of claim' and why timely?
Initial notice to the insurer triggers claims handling timelines and documentation processes. ## Footnote (3.1.3)
59
List common documents required for proof of claim in life insurance.
Death certificate, completed claim forms, proof of age/identity; probate docs when required. ## Footnote (3.1)