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State RegulationsNC specificDifficulty 2/5

An insurer's representative makes an incomplete comparison of policy terms to persuade a policyholder in Durham to surrender an existing life policy and buy a new one. Under G.S. 58-3-115, this practice is:

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

Why D is correct

Under G.S. 58-3-115, no insurer may issue or circulate any written or oral statement that willfully misrepresents or makes an incomplete comparison of policy terms to induce a policyholder to lapse, forfeit, surrender, exchange or convert a policy — the practice known as twisting. A parallel producer-side prohibition appears at G.S. 58-33-75, with penalties running through G.S. 58-2-70 and G.S. 58-33-46.

Why the other options are wrong

  • A) Rebating is offering an inducement not specified in the policy, such as a cash kickback — not a misleading comparison of terms.
  • B) Defamation concerns false statements about a competitor's financial condition, not comparisons made to the client's own policy.
  • C) Coercion involves unlawful pressure forcing a choice; an incomplete comparison aimed at inducing a surrender is twisting.

Memory hook

Incomplete comparison to force a swap = twisting.

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