I.C · The Insurance Marketplace
California penalties you should memorize
Exam questions love penalty numbers. Group them by what the person did wrong:
Transacting insurance without a license: misdemeanor, fine up to $50,000, up to 1 year in county jail, or both (§1633).
Unfair practice under §790.03: civil penalty up to $5,000 per act, or up to $10,000 per act if willful (§790.035).
Violating a final cease and desist order: up to $5,000, or up to $55,000 if willful, plus the underlying penalty; a later violation can bring suspension or revocation for up to 1 year (§790.07).
Misrepresentation or twisting (§780, §781): fine up to $25,000 (or up to 3 times the victim's loss if the loss exceeds $10,000), up to 1 year in county jail, or both (§782). The Commissioner may also suspend the agent's license for up to 3 years (§783).
Replacement rule violations and annuity suitability violations: an agent faces at least $1,000 for a first violation, and $5,000 to $50,000 per violation for a repeat or knowing violation; an insurer faces $10,000 for a first violation and $30,000 to $300,000 for a general business practice or knowing violation; licenses can be suspended or revoked after a hearing (§10509.9).
Senior insurance article violations: the same agent and insurer amounts, and the Commissioner may require rescission of the contract (§789.3).
Refusing to hand over books, records or assets after the Commissioner's seizure order: misdemeanor, fine up to $1,000, up to 1 year in jail, or both (§1013).
Acting for a nonadmitted insurer (unless a surplus line broker): misdemeanor, plus forfeiture of $500 and $100 for each month the violation continues (§703).
Remember
· No license: up to $50,000 and/or 1 year. Unfair practice: $5,000 per act ($10,000 willful).
· Cease and desist violation: up to $5,000 ($55,000 willful).
· Replacement/senior violations by an agent: at least $1,000 first; $5,000-$50,000 repeat or knowing.
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