Indiana State Life and Health Insurance Practice Exam

If a producer commits an act of coercion or intimidation, how would the producer's insurance company be held responsible for this act?

1. If the insurer only suspends the producer, not terminate

2. If the insurer reduces the commission level of the producer

3. If the insurer approves of the act

4. If the insurer does not make a public announcement of the act

The correct answer is: If the insurer approves of the act

The key to understanding the correct answer lies in recognizing the principle of liability in the relationship between an insurance producer and the insurance company. When a producer engages in coercion or intimidation, the actions can reflect back on the insurer, especially if those actions were conducted within the scope of their duties and with the company's knowledge or approval. If the insurer actively approves the act, this indicates a tacit endorsement of the producer's behavior and the company can be held responsible for the consequences of that action. Liability arises when the actions of the producer are seen as part of the operational practices of the insurer, thereby implicating the insurer in the inappropriate conduct. In contrast, merely suspending or terminating the producer, or adjusting their commission level, without any approval or endorsement does not establish the insurer's responsibility for the coercive acts. Therefore, while these actions may show that the insurer is taking steps to distance itself from the misconduct, they do not inherently make the insurer liable for the producer's actions. Similarly, failing to make a public announcement regarding the act does not equate to approval or responsibility; it merely pertains to the manner in which the incident is communicated to the public.