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State RegulationsIL specificDifficulty 3/5

Before any application is signed, a producer offers an applicant an expensive gift to induce her to buy a policy. The gift is not mentioned in the policy and no premium has been paid. How should this be analyzed under Illinois law?

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

Why A is correct

215 ILCS 5/152 reaches the offer stage: paying or allowing as an inducement anything of value not specified in the policy is unlawful on its own terms. The prohibition is not deferred until issuance, and 215 ILCS 5/153 is the separate provision on accepting rebates rather than the measure of this violation.

Why the other options are wrong

  • B) The inducement ban of 215 ILCS 5/152 applies before the sale; waiting for issuance and premium is not a safe harbor.
  • C) Inducing insurance with value not specified in the policy is a regulated unfair practice, not a private matter, under the Illinois Insurance Code.
  • D) The violation is complete at the offer under 215 ILCS 5/152; the applicant's purchase and the accepting-rebate rule of 215 ILCS 5/153 are not elements of it.

Memory hook

The gift breaks the rule when it is offered, not when it is paid.

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