Key Takeaways

  • Tennessee prohibits unfair trade practices including misrepresentation, twisting, rebating, and churning
  • Misrepresentation includes making false statements about policy terms, benefits, or competitor products
  • Twisting is inducing a policyholder to cancel and replace coverage through misrepresentation
  • Rebating (returning premium as inducement) is prohibited except for legitimate dividends
  • Violations can result in license revocation, fines up to $10,000 per violation, and criminal charges
Last updated: January 2026

Unfair Trade Practices & Producer Ethics

Tennessee law (Title 56, Chapter 8) prohibits unfair trade practices in insurance to protect consumers.

Prohibited Practices

Misrepresentation

Making false or misleading statements about:

  • Policy terms, benefits, or coverage
  • Dividends or share of surplus
  • Financial condition of any insurer
  • Competitor products or insurers

Twisting

Definition: Inducing a policyholder to lapse, forfeit, or surrender insurance through misrepresentation

Characteristics:

  • Involves replacement of existing coverage
  • Uses false or misleading information
  • Not in the policyholder's best interest
  • Done for producer's commission benefit

Rebating

Definition: Returning any part of premium or giving anything of value as inducement to purchase insurance

Prohibited Actions:

  • Cash refunds of premium
  • Gifts of substantial value
  • Free services not available to all
  • Special advantages not in the policy

Exceptions:

  • Legitimate policy dividends
  • Items of nominal value (pens, calendars)
  • Premium discounts filed with TDCI

Churning

Definition: Excessive replacement of insurance policies to generate commissions

Similar to twisting but may involve:

  • Repeated policy replacements
  • Using cash value to fund new premiums
  • Not necessarily involving misrepresentation

Other Prohibited Practices

PracticeDescription
DefamationMaking false statements about competitors
BoycottRefusing to do business to coerce
IntimidationUsing threats to force insurance purchase
DiscriminationUnfair discrimination in rates or underwriting
Unfair Claims SettlementFailing to act in good faith on claims

Penalties for Violations

Tennessee can impose severe penalties for unfair trade practices:

Administrative Penalties

PenaltyDetails
License SuspensionTemporary loss of license
License RevocationPermanent loss of license
FinesUp to $10,000 per violation
Cease and DesistOrder to stop practice

Criminal Penalties

Serious violations may result in:

  • Felony charges for fraud
  • Imprisonment
  • Restitution to victims
  • Permanent industry ban

Producer Ethical Responsibilities

Duties to Clients

  1. Disclosure - Fully explain policy terms and limitations
  2. Suitability - Recommend appropriate coverage
  3. Honesty - Provide truthful information
  4. Confidentiality - Protect client information
  5. Competence - Maintain current knowledge

Duties to Insurers

  1. Loyalty - Act in insurer's interest
  2. Accuracy - Submit accurate applications
  3. Premium Handling - Properly handle premium payments
  4. Reporting - Report claims and changes promptly

Fiduciary Responsibility

Producers have fiduciary duties regarding:

  • Premium funds (trust account requirements)
  • Client information
  • Acting in clients' best interests

Exam Tip: Tennessee producers must maintain the highest ethical standards. Violations of unfair trade practice laws can result in license revocation, fines up to $10,000, and criminal charges.

Complaint Process

If a consumer believes a producer violated the law:

  1. File Complaint with TDCI Consumer Services
  2. Investigation by TDCI staff
  3. Hearing if violations found
  4. Penalties imposed if warranted
  5. Appeal rights available
Test Your Knowledge

A producer convinces a client to cancel their existing policy and buy a new one by falsely claiming the old policy is worthless. This practice is called:

A
B
C
D
Test Your Knowledge

Which of the following would be considered illegal rebating in Tennessee?

A
B
C
D
Test Your Knowledge

What is the maximum fine per violation for unfair trade practices in Tennessee?

A
B
C
D