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State RegulationsCO specificDifficulty 1/5

A producer in Denver describes a nonparticipating life policy as one that 'will pay a guaranteed annual dividend to every policyholder.' Which statement is accurate?

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Answer & full 3-part explanation (select an option above, or peek)

Why B is correct

C.R.S. 10-3-1104(1)(a) prohibits misrepresenting the benefits, advantages, conditions, or dividends of a policy. Describing a nonparticipating policy as paying guaranteed dividends is a false statement about benefits made at the point of sale, so the violation is complete when the misrepresentation is made.

Why the other options are wrong

  • A) Sales enthusiasm does not authorize false statements about benefits; a nonparticipating policy does not pay dividends as described.
  • C) The violation occurs when the misrepresentation is made; the statute does not await the policy's later performance.
  • D) C.R.S. 10-3-1105 governs required insurance in loan transactions, which is not involved here.

Memory hook

Nonparticipating pays no dividends - saying it does is misrepresentation.

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