Key Takeaways

  • Pennsylvania producers have fiduciary duties to act in the best interest of clients
  • Producers must disclose compensation arrangements and conflicts of interest
  • Premium funds must be handled according to strict fiduciary 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

Pennsylvania 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 treat client fairly)
BrokerClient/Insured

Exam Tip: Agents represent the insurer, while brokers represent the client. However, both have ethical obligations to treat all parties fairly and honestly.

Disclosure Requirements

Pennsylvania 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 fiduciary 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 or fiduciary account
  • Detailed records of all transactions
  • Regular reconciliation
  • Available for PID examination

Consequences of Mishandling

  • License suspension or revocation
  • Required restitution
  • Civil liability
  • Potential criminal charges (theft, fraud)

Record Keeping

Pennsylvania 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

  • PID 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 for client
Insurer incentive tripsDisclose the incentive
Product quotasDon't let quotas drive recommendations
Referral feesDisclose to client

Continuing Education - Ethics Requirement

Pennsylvania requires ethics training as part of CE:

  • 3 hours of ethics every renewal period
  • Part of the 24-hour total requirement
  • Can be any approved ethics course
  • Covers regulatory updates and ethical scenarios

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 Pennsylvania insurance producer primarily represents the client rather than the insurer?

A
B
C
D
Test Your Knowledge

How long must Pennsylvania insurance producers retain client records?

A
B
C
D