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Pennsylvania Unfair Practices, Replacement and Sales Disclosure: Practice Questions
20 free practice questions with explanations. Pick an answer for each, then check your score.
Quick study guide
Two traps: the outline still cites 40 P.S. §§ 310.45 and 310.46 for rebating, but Act 62 of 2024 repealed both (effective January 2025) and moved the rules to 40 Pa.C.S. Chapter 51; and Pennsylvania's replacement numbers differ from other states'.
Unfair Insurance Practices Act (40 P.S. § 1171.5)
Unfair acts include misrepresenting policy terms or dividends, or misrepresenting to induce a lapse, surrender or conversion ((a)(1)); untrue or misleading advertising ((a)(2)); false or maliciously critical statements about a person's financial condition, calculated to injure, which is defamation ((a)(3)); an agreement or concerted action of boycott, coercion or intimidation that tends to restrain or monopolize the business ((a)(4)); unfair discrimination between people of the same class ((a)(7)); and rebating ((a)(8)). Twisting is a misrepresentation or incomplete comparison made to get a policyholder to drop a policy and buy similar coverage from another insurer (40 P.S. § 473; for producers § 310.48, a third-degree misdemeanor). Under 40 Pa.C.S. § 5102 a producer may give non-cash gifts, meals or charitable donations worth up to $125 per customer a year, and raffle prizes up to $125, never contingent on a purchase; advertisements may not use the words "free" or "no cost" (§ 5103).
Replacement and disclosure deadlines
Replacement covers lapse, surrender, reduced paid-up or extended term, reduced benefits, reissue with lower cash value, and pledging or borrowing more than 25% of the loan value in aggregate (31 Pa. Code § 81.2). Every application carries signed replacement statements from the applicant and the agent.
| Rule | Pennsylvania requirement | Source |
|---|---|---|
| Notice Regarding Replacement | Signed by applicant and agent and left with the applicant no later than when the application is taken | 81.4(b)(1) |
| Replacing insurer tells existing insurer | Within 5 working days of receiving the application or issuing the policy, whichever is sooner | 81.6(a)(2)(ii) |
| Existing insurer's conservation material | Disclosure or ledger statement within 20 days of receiving the notice | 81.6(b) |
| Refund right on a replacement policy | 20 days from delivery, all premiums back (45 days if the old policy was with the same insurer group, 40 P.S. § 510C) | 81.6(d) |
| Life insurance disclosure statement | No later than when the application is signed; agent certifies delivery | 83.4, 83.4a |
| Surrender comparison index | Separate document on delivery, or earlier on request | 83.55 |
| Guaranty association summary document | Before or at delivery of the policy | 991.1717(b) |
Illustrations, delivery and the guaranty association
A producer may use only the insurer's illustration system and may not alter its results (40 P.S. § 625-7). Section 625-8 bans "vanishing premium" language and requires a signed illustration with the application, or a producer certification that none was used. For free-look purposes, a mailed policy is delivered on the mailing date (§ 625-4). The Life and Health Insurance Guaranty Association covers, per life, $300,000 in death benefits, $100,000 in cash value and $250,000 in annuity present value, and no one may use its existence to sell insurance (§§ 991.1703, 991.1717).