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State RegulationsCO specificDifficulty 2/5

A Colorado agency uses an unlicensed assistant who actively solicits and negotiates insurance applications. Under C.R.S. § 10-2-702, may the agency pay the assistant a commission for those sales?

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

Why C is correct

C.R.S. § 10-2-702(1) prohibits paying any commission, service fee, or other valuable consideration to a person for selling, soliciting, or negotiating insurance unless that person was a duly licensed producer at the time the services were performed. The agency license of the employer does not cure the assistant's lack of licensure.

Why the other options are wrong

  • A) Supervision by a licensed producer does not satisfy C.R.S. § 10-2-702; the person performing the services must have been licensed when they were performed.
  • B) Licensing after the sale is too late; C.R.S. § 10-2-702 requires licensure at the time of the services, and no cure period exists.
  • D) The agency's license does not extend to an unlicensed person who personally sells, solicits, or negotiates under C.R.S. § 10-2-702.

Memory hook

Licensed when it happened, or no commission — no retroactive fixes.

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