A woman covered under a health insurer's policy asks the insurer to send her claim related information to an alternative address, clearly stating that disclosure of the information could endanger her. She has no court order of protection. Under N.Y. Ins. Law Sec. 2612(h)(2)(A), what must the health insurer do?

Accommodate the request, if reasonable, because she has stated disclosure could endanger her

A person in New York, knowing the claim is untrue, deliberately tells several neighbors that a named insurer doing business in the state is about to become insolvent. Under N.Y. Ins. Law Sec. 2604, how is this conduct treated?

It is prohibited, because it is an untrue statement that disparages the insurer's solvency

A licensed agent concludes that a transaction she handled appears to be fraudulent. Under N.Y. Ins. Law Sec. 405(a), by when must she send the required information to the superintendent?

Within thirty days after she determines that the transaction appears fraudulent

Under New York Insurance Law, an insurance agent acting as such in New York holds the funds it receives or collects as agent in which capacity?

In a fiduciary capacity for all such funds collected

Under N.Y. Ins. Law Sec. 2612, which of the following actions by an insurer is prohibited?

Designating domestic violence as a preexisting condition solely because the person was a victim

A New York insurance broker prints a pamphlet that refers to a particular insurer. Under Sec. 2122(b), what must the pamphlet state about that insurer?

Its full name and the city or town of its principal U.S. office

Under N.Y. Ins. Law Sec. 403(d), which of the following documents must contain a fraud warning notice in a form approved by the superintendent?

An application for group accident and health insurance

A New York-licensed accident and health agent is asked to solicit individual health policies from New York residents, in New York, for an insurer that holds no license or authorization to do business in New York. Under New York Insurance Law, what is the agent's position?

The agent is prohibited from acting as agent for that insurer in this state.

An insurer declines to renew a policy solely because the policyholder has recently divorced. Under N.Y. Ins. Law Sec. 2607(a), how is the nonrenewal treated?

It is prohibited, because declining to renew on the basis of marital status is barred

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1.A woman covered under a health insurer's policy asks the insurer to send her claim related information to an alternative address, clearly stating that disclosure of the information could endanger her. She has no court order of protection. Under N.Y. Ins. Law Sec. 2612(h)(2)(A), what must the health insurer do?
Answer: B. Accommodate the request, if reasonable, because she has stated disclosure could endanger her
Sec. 2612(h)(2)(A) requires a health insurer to accommodate a reasonable request by a covered person to receive claim related information by alternative means or at an alternative location when the person clearly states that disclosure could endanger her. Her clear statement is the trigger. The paragraph does not require an order of protection, and it does not make the request depend on the policyholder's consent. It also contains no waiting period tied to a renewal date.
Source
N.Y. Ins. Law Sec. 2612(h)(2)(A) (Discrimination based on being a victim of domestic violence)
Choose an answer to see the explanation.
2.A person in New York, knowing the claim is untrue, deliberately tells several neighbors that a named insurer doing business in the state is about to become insolvent. Under N.Y. Ins. Law Sec. 2604, how is this conduct treated?
Answer: C. It is prohibited, because it is an untrue statement that disparages the insurer's solvency
Sec. 2604 provides that no person may willfully make, circulate or transmit an untrue statement that is derogatory to the financial condition of an insurer doing business in New York, or that affects its solvency or financial standing. The section expressly reaches statements made by word of mouth as well as written or printed ones, so a spoken claim is covered. It applies to any person rather than only to licensed agents or brokers, and it is not limited to statements published in a newspaper or advertisement.
Source
N.Y. Ins. Law Sec. 2604(i) (False statements as to insurers)
Choose an answer to see the explanation.
3.A licensed agent concludes that a transaction she handled appears to be fraudulent. Under N.Y. Ins. Law Sec. 405(a), by when must she send the required information to the superintendent?
Answer: A. Within thirty days after she determines that the transaction appears fraudulent
Sec. 405(a) requires a licensee who believes a transaction may be fraudulent to send the superintendent, on the form the superintendent prescribes, the requested information within thirty days after determining that the transaction appears to be fraudulent. The clock runs from her determination, not from the date of the transaction, the payment of a claim or the end of a calendar quarter, and the period is thirty days rather than ten, sixty or ninety.
Source
N.Y. Ins. Law Sec. 405(a) (Reports)
Choose an answer to see the explanation.
4.Under New York Insurance Law, an insurance agent acting as such in New York holds the funds it receives or collects as agent in which capacity?
Answer: C. In a fiduciary capacity for all such funds collected
Sec. 2120(a) makes every insurance agent, title insurance agent and insurance broker acting as such in New York responsible in a fiduciary capacity for all funds received or collected as agent or broker. The duty covers all such funds from the moment they are received, so a thirty-day holding trigger is wrong. Treating the agent as a mere debtor for a net balance, or as an ordinary business party with no special obligation, contradicts the fiduciary responsibility the subsection imposes.
Source
N.Y. Ins. Law Sec. 2120(a) (Fiduciary capacity of insurance agents, title insurance agents, insurance brokers and reinsurance intermediaries)
Choose an answer to see the explanation.
5.Under N.Y. Ins. Law Sec. 2612, which of the following actions by an insurer is prohibited?
Answer: C. Designating domestic violence as a preexisting condition solely because the person was a victim
Sec. 2612(a)(3) bars an insurer, acting solely because a person is or has been a victim of domestic violence, from designating domestic violence as a preexisting condition for which coverage is denied or reduced. The other three actions are ones the section allows or requires: an insurer may require a request for an alternative mailing address to be made in writing, it may rely on sound underwriting criteria reasonably related to a person's physical condition, and it must tell the insured the specific reason for a decision made on that basis.
Source
N.Y. Ins. Law Sec. 2612(a)(3) (Discrimination based on being a victim of domestic violence)
Choose an answer to see the explanation.
6.A New York insurance broker prints a pamphlet that refers to a particular insurer. Under Sec. 2122(b), what must the pamphlet state about that insurer?
Answer: A. Its full name and the city or town of its principal U.S. office
Sec. 2122(b) requires every agent and every broker, in any advertisement, pamphlet, circular, card, sign or other public announcement that refers to an insurer, to give the insurer's name in full together with the city, town or village where it keeps its principal office in the United States. An abbreviated trade name falls short of the full name. A license number, a financial strength rating and a founding year are not among the items this subsection requires.
Source
N.Y. Ins. Law Sec. 2122(b) (Advertising by insurance producers)
Choose an answer to see the explanation.
7.Under N.Y. Ins. Law Sec. 403(d), which of the following documents must contain a fraud warning notice in a form approved by the superintendent?
Answer: D. An application for group accident and health insurance
Sec. 403(d) requires every application for commercial insurance and for individual, group or blanket accident and health insurance, and every claim form (apart from those subsection (e) governs), to carry a superintendent-approved notice stating in substance that knowingly filing materially false information with intent to defraud is a fraudulent insurance act. An application for group accident and health coverage is on that list. A producer's advertising circular, an insurer's annual financial statement and a premium notice are not applications or claim forms, so the subsection does not require the notice on them.
Source
N.Y. Ins. Law Sec. 403(d) (Prohibitions)
Choose an answer to see the explanation.
8.Under N.Y. Ins. Law Sec. 2606(a)(1), an individual or entity supervised by the superintendent may not distinguish between persons in the premiums or rates it charges because of which of the following characteristics?
Answer: B. National origin
Sec. 2606(a)(1) bars any individual or entity under the superintendent's supervision, except as Sec. 1108 provides, from making a distinction between persons as to premiums or rates because of race, color, creed, national origin or disability. National origin is one of those five listed characteristics. Annual income, occupation and educational attainment do not appear in the section's list, so Sec. 2606 does not reach them.
Source
N.Y. Ins. Law Sec. 2606(a)(1) (Discrimination because of race, color, creed, national origin, or disability)
Choose an answer to see the explanation.
9.A New York-licensed accident and health agent is asked to solicit individual health policies from New York residents, in New York, for an insurer that holds no license or authorization to do business in New York. Under New York Insurance Law, what is the agent's position?
Answer: A. The agent is prohibited from acting as agent for that insurer in this state.
Sec. 2117(a) bars any person from acting in New York as agent for an insurer that lacks a license or authorization to do business here, including soliciting or negotiating its contracts, and it also bars aiding such an insurer in any way or manner. Licensing in the insurer's home state does not help, because the statute asks whether the insurer is licensed or authorized in New York. The agent's own New York license does not help either, since the prohibition turns on whom the agent acts for. Having someone else collect the premiums still leaves the agent soliciting for, and aiding, the unauthorized insurer.
Source
N.Y. Ins. Law Sec. 2117(a) (Acting for or aiding unlicensed or unauthorized insurers or health maintenance organizations)
Choose an answer to see the explanation.
10.An insurer declines to renew a policy solely because the policyholder has recently divorced. Under N.Y. Ins. Law Sec. 2607(a), how is the nonrenewal treated?
Answer: D. It is prohibited, because declining to renew on the basis of marital status is barred
Sec. 2607(a) bars any individual or entity from refusing to issue a policy, or from canceling or declining to renew one, because of the applicant's or policyholder's sex or marital status. A divorce is a change in marital status, so a nonrenewal based on it is barred. The section covers cancellation and nonrenewal as well as refusal to issue, and it lists marital status beside sex. It states no exception for an insurer that gives a written reason.
Source
N.Y. Ins. Law Sec. 2607(a) (Discrimination because of sex or marital status)
Choose an answer to see the explanation.

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2.A person in New York, knowing the claim is untrue, deliberately tells several neighbors that a named insurer doing business in the state is about to become insolvent. Under N.Y. Ins. Law Sec. 2604, how is this conduct treated?

3.A licensed agent concludes that a transaction she handled appears to be fraudulent. Under N.Y. Ins. Law Sec. 405(a), by when must she send the required information to the superintendent?

4.Under New York Insurance Law, an insurance agent acting as such in New York holds the funds it receives or collects as agent in which capacity?

5.Under N.Y. Ins. Law Sec. 2612, which of the following actions by an insurer is prohibited?

6.A New York insurance broker prints a pamphlet that refers to a particular insurer. Under Sec. 2122(b), what must the pamphlet state about that insurer?

7.Under N.Y. Ins. Law Sec. 403(d), which of the following documents must contain a fraud warning notice in a form approved by the superintendent?

8.Under N.Y. Ins. Law Sec. 2606(a)(1), an individual or entity supervised by the superintendent may not distinguish between persons in the premiums or rates it charges because of which of the following characteristics?

9.A New York-licensed accident and health agent is asked to solicit individual health policies from New York residents, in New York, for an insurer that holds no license or authorization to do business in New York. Under New York Insurance Law, what is the agent's position?

10.An insurer declines to renew a policy solely because the policyholder has recently divorced. Under N.Y. Ins. Law Sec. 2607(a), how is the nonrenewal treated?

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