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State RegulationsTN specificDifficulty 2/5

A producer narrows her recommendation to a single annuity because it pays her the highest first-year commission, even though comparable annuities would serve the consumer's retirement needs equally well or better. Under Tennessee's annuity rule, how is this conduct viewed?

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Why D is correct

Tenn. Comp. R. & Regs. 0780-01-86 requires a producer recommending an annuity to act in the consumer's best interest and to avoid letting the producer's own financial interest drive the recommendation. Selecting a product because it maximizes the producer's commission, when better options exist for the consumer, is precisely the self-dealing the Tennessee Department of Commerce & Insurance's best-interest rule forbids.

Why the other options are wrong

  • A) Freedom to seek compensation ends where the best-interest standard begins; commission-driven selection is not a protected choice.
  • B) Treating all annuities as interchangeable ignores the rule's demand that the recommendation actually serve the consumer's needs.
  • C) The insurer's advance approval of a commission schedule has no bearing on whether the producer's motive violated the best-interest standard.

Memory hook

Biggest paycheck is not a suitability test — consumer interest outranks the commission.

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