What is the definition of twisting in insurance?
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Replacement, Twisting and Churning Show Replacement is defined as changes in existing coverage, usually with coverage from one insurer being "replaced" with coverage from another. It is, however, a practice that can lead to ethical lapses. Agents should be aware that replacement of coverage can, in some cases, be inappropriate and therefore unethical. That said, it can also be argued that failure to replace coverage that no longer meets the client's current needs may be just as unethical. Because of the problems arising from unethical sales practices, state law imposes restrictions and additional duties on agents who seek to replace coverage. In Florida, replacement is defined as a purchase of new coverage accompanied by a substantial reduction in the benefits available under an existing policy, such as: In these circumstances, the new coverage is said to replace the existing coverage -- and the agent has additional responsibilities. Agents proposing a replacement policy, must provide the prospect with a "Notice to Applicant Regarding Replacement of Life Insurance". This notice gives the policyholder the option to request a written comparison between the existing policy and the proposed coverage. The agent must indicate on the application that the proposed policy will replace existing coverage -- thus notifying the proposed insurer that new coverage is a "replacement policy". If the prospect requests a written comparison of coverages, the replacing insurer will provide a comparison and notify the existing carrier of the proposed replacement. Insurers must maintain a log of replacement business, which will be reviewed by state regulators as part of the insurer's periodic audit process. The law requires the agent to ask about existing coverage and note possible replacements on the application. This is a minimal standard of conduct. To be ethical, the agent must also provide a complete and accurate disclosure of the proposed replacement. To do less, would be unethical.  Twisting is the act of replacing insurance coverage of one insurer with that of another based on misrepresentations (coverage with Carrier A is replaced with coverage from Carrier B). Churning is in effect "twisting" of policies by the existing insurer (coverage with Carrier A is replaced with coverage from Carrier A). While replacement of existing coverage is a perfectly legitimate practice, inducing changes in coverage based on misrepresentation or deception is unethical and illegal. [ Proposed Legislation Legislation has recently been adopted in certain states concerning life insurance replacement requirements that is expected to be endorsed by the National Association of Insurance Commissioners (NAIC) as model legislation for other states. The legislation is a significant departure from existing replacement regulations that have been on the books for many years. Pursuant to this new insurance replacement legislation the following steps must be taken for every life insurance policy replaced: · Replacing insurers have increased disclosure responsibilities that they are expected to implement during the 60-day period, including -- supplying the replaced company with copies of the sales materials and proposals used in the new sale, and sending the disclosure statement to the insurer whose coverage is being replaced to complete the information concerning the policy being replaced. A failure by a replacing agent to make a full and fair disclosure of all of the relevant information is a practice known as twisting. It is illegal and unethical and, if the steps of this legislation are followed, it will be virtually impossible.
SPECIFIC FLORIDA LAWS AND RULES Florida's current replacement rule requires agents to ask prospects if an existing policy's coverage is reduced as part of the application process. If the agent knows -- or should have known -- that such reduction in an existing policy's value occurs when soliciting new coverage, the agent must complete a replacement form (OIR-B2-312 "Notice to Applicant Regarding Replacement of Life Insurance"). The applicant may request a comparison of the existing policy's benefits to the proposed coverage -- the replacing insurer must provide a comparison, if requested. (OIR-B2-313 "Comparative Information Form") As mentioned earlier, twisting is the practice of replacement based on misrepresentations (coverage with Carrier A is replaced with coverage from Carrier B). Churning is the practice of an insurer replacing existing coverage with a new policy based on misrepresentations.(coverage with Carrier A is replaced with coverage from Carrier A). Both practices are illegal in Florida. What is an example of twisting in insurance?An example of twisting in homeowners insurance would be if you built a new garage and called your agent to ask if it's covered. If they say it's not, and tell you that you must add a rider to your existing policy, when it is covered, that would be twisting.
What is the difference between twisting and churning?Churning and twisting: What are they? Churning in insurance is when a producer replaces a client's coverage with one from the same carrier that has similar or worse benefits. Twisting is a replacement contract with similar or worse benefits from a different carrier.
What is the definition of churning in insurance?Transitions between different insurance plans, as well as between insured and uninsured status, are often referred to as “insurance churning.” The causes of insurance churning vary. Changes in job status may result in loss of coverage or transition to a new insurance plan.
What is the practice of twisting?Twisting is also called external replacement and is the practice of inducing a person to drop existing insurance to buy similar coverage with another producer or company. Replacing existing life insurance with a new life insurance policy based upon incomplete or incorrect representation is called twisting.
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