Key Takeaways

  • New Jersey producers have fiduciary duties to act in the best interest of clients
  • Producers must disclose compensation arrangements and conflicts of interest
  • Trust funds and premiums must be handled according to strict requirements
  • Producers must maintain accurate records and provide required disclosures
  • Continuing education includes mandatory ethics training (3 hours per renewal)
Last updated: January 2026

Producer Conduct and Fiduciary Duties

New Jersey insurance producers have legal and ethical obligations to their clients and the public. Understanding these duties is essential for professional conduct and exam success.

Fiduciary Duties

A fiduciary is someone who acts in another's best interest. Insurance producers owe fiduciary duties to their clients:

Key Duties

DutyDescription
LoyaltyPut client's interests first
DisclosureReveal all material information
CompetenceMaintain professional knowledge
ConfidentialityProtect client information
Good FaithAct honestly in all dealings

Agent vs. Broker Duties

Producer TypePrimary Duty To
AgentInsurance company (but still must be fair to client)
BrokerClient/Insured

Exam Tip: Brokers represent the client, while agents represent the insurer. However, both have ethical obligations to treat all parties fairly.

Disclosure Requirements

New Jersey producers must disclose:

Compensation Disclosures

  • Method of compensation (commission, fee, both)
  • Material conflicts of interest
  • Ownership interests in recommending insurers
  • Referral arrangements

Product Disclosures

  • All material terms and conditions
  • Limitations and exclusions
  • Premium and cost information
  • Comparison with alternatives when replacing

Handling of Funds

Producers must handle premiums and client funds according to strict rules:

Premium Collection

RequirementRule
DepositPromptly to insurer or trust account
ComminglingCannot mix with personal funds
Trust AccountRequired for holding premiums
RecordsMust maintain detailed records

Trust Account Requirements

  • Separate from personal accounts
  • Clearly designated as trust account
  • Detailed records of all transactions
  • Regular reconciliation
  • Available for DOBI examination

Consequences of Mishandling

  • License suspension or revocation
  • Required restitution
  • Civil liability
  • Potential criminal charges

Record Keeping

New Jersey requires producers to maintain records:

Required Records

Record TypeRetention Period
Applications5 years
Policy documents5 years
Client correspondence5 years
Premium records5 years
Replacement forms5 years

Access to Records

  • DOBI can examine records during investigations
  • Must provide records upon request
  • Failure to maintain records is a violation

Ethics in Practice

Client Communication

Best practices for ethical client communication:

  1. Be Truthful - Never exaggerate or mislead
  2. Be Clear - Use language client understands
  3. Be Complete - Disclose all material information
  4. Be Responsive - Address questions and concerns
  5. Be Professional - Maintain appropriate boundaries

Conflicts of Interest

Common conflicts and how to handle them:

ConflictProper Response
Higher commission productDisclose and recommend what's best
Insurer incentive programsDisclose the incentive
Product quotasDon't let quotas drive recommendations
Referral feesDisclose to client

Continuing Education

New Jersey requires ethics training as part of CE:

  • 3 hours of ethics every renewal period
  • Must be approved by DOBI
  • Covers regulatory updates
  • Includes case studies and examples

Professional Standards

Beyond legal requirements, professional standards include:

  • Treating all clients fairly and equally
  • Maintaining professional competence
  • Avoiding conflicts of interest
  • Protecting client confidentiality
  • Being honest in all communications
  • Reporting illegal or unethical conduct
Test Your Knowledge

Which type of New Jersey insurance producer primarily represents the client rather than the insurer?

A
B
C
D
Test Your Knowledge

How long must New Jersey insurance producers retain client records?

A
B
C
D