17 Free New Mexico Life & Health Practice Questions: Federal Law and General Insurance Concepts (2026)

14 min read|Updated 2026-10-30

How to Use This Federal Law and General Concepts Set

Federal Laws and Regulations (2%, 3 scored items) and General Insurance Concepts (5%, 8 scored items) together are 11 of the 150 scored items on the New Mexico Life, Accident and Health or Sickness exam, about 7%. They are small sections, but they supply the vocabulary the rest of the exam assumes.

These 17 questions come from LanePrep's New Mexico L&H quiz bank and follow three areas: the federal statutes that touch producers and consumers, the ways risk is handled and classified, and the types and standing of insurers. Each question has a "Show answer & explanation" control, so commit to an answer before you open it.

Name the law by what it protects. A question about a felony, a phone call, a privacy notice or a consumer report is nearly always asking you to match one situation to one statute.

Practice Questions 1-6: Federal Statutes, Risk Handling and Foreign Insurers

Four federal statutes come first: 18 U.S.C. 1033 and 1034, the Do Not Call rules, the Gramm-Leach-Bliley Act (GLBA) and the Affordable Care Act (ACA). The block ends with a risk-avoidance scenario and the classification of an insurer licensed in New Mexico but domiciled outside the state.

Question 1 (Chapter 2)

Michael, a licensed insurance producer, was convicted of a felony involving breach of trust five years ago. He is now seeking employment with a new insurance agency. Under 18 U.S.C. Sections 1033 and 1034, what must Michael do to legally work in the business of insurance?

  • A) He must wait until ten years have passed since his conviction, at which point the felony is no longer considered relevant.
  • B) He only needs to disclose his conviction to his employer, as long as it was not related to insurance fraud.
  • C) He is permanently barred from working in the insurance industry due to the nature of his felony conviction.
  • D) He must obtain a Letter of Written Consent from the appropriate insurance regulator to work in the business of insurance.
Show answer & explanation

Answer: D

18 U.S.C. Sections 1033 and 1034 prohibit individuals convicted of a felony involving dishonesty or breach of trust from engaging in the business of insurance without the express written consent of the appropriate insurance regulator. This consent is often referred to as a 'waiver' or 'Letter of Written Consent'. Options A, B, and C are incorrect as they do not reflect this specific federal requirement.

Question 2 (Chapter 2)

A potential client receives an unsolicited telemarketing call from an insurance producer. The client is registered on the National Do Not Call List. What federal regulation has the producer likely violated?

  • A) National Do Not Call List regulations
  • B) Gramm-Leach-Bliley Act (GLBA)
  • C) Fair Credit Reporting Act (FCRA)
  • D) CAN-SPAM Act
Show answer & explanation

Answer: A

The National Do Not Call List regulations restrict unsolicited telemarketing calls to consumers who have registered their phone numbers on the list. The Gramm-Leach-Bliley Act deals with financial privacy, FCRA with consumer credit reports, and the CAN-SPAM Act with commercial emails.

Question 3 (Chapter 2)

A consumer receives a privacy notice from their insurance company detailing how their nonpublic personal financial information is collected, used, and shared. This notice is a requirement primarily mandated by which federal law?

  • A) Affordable Care Act (ACA)
  • B) Fair Credit Reporting Act (FCRA)
  • C) 18 U.S.C. Sections 1033 and 1034
  • D) Gramm-Leach-Bliley Act (GLBA)
Show answer & explanation

Answer: D

The Gramm-Leach-Bliley Act (GLBA) requires financial institutions, including insurance companies, to provide customers with privacy notices that explain their information-sharing practices and allow customers to opt out of certain disclosures. The ACA primarily deals with health insurance market reforms. FCRA deals with consumer credit reporting. 18 U.S.C. 1033/1034 deals with felonious activity in insurance.

Question 4 (Chapter 2)

The Affordable Care Act (ACA) established various reforms in the health insurance market. From a federal law perspective, what is the primary role of the ACA within the scope of this course?

  • A) It dictates the specific premium rates for all individual health insurance policies nationwide.
  • B) It exclusively regulates Medicare Supplement insurance plans.
  • C) It provides a comprehensive list of all permissible health insurance policy provisions.
  • D) It serves as the federal framework underlying much of the Medical Plans and Specialized Health Insurance content.
Show answer & explanation

Answer: D

The Affordable Care Act (ACA) established a federal framework that significantly impacts the structure, requirements, and regulations of medical plans and specialized health insurance. It sets standards for coverage, eligibility, and market operations, which are then implemented by states. It does not dictate specific premium rates, exclusively regulate Medicare Supplement, or provide an exhaustive list of all provisions.

Question 5 (Chapter 2)

A small business owner decides not to open a new branch in an area prone to severe flooding, despite potential market opportunities. By choosing not to engage in the activity that carries the risk, which method of handling risk is the owner employing?

  • A) Risk reduction
  • B) Risk retention
  • C) Risk sharing
  • D) Risk avoidance
Show answer & explanation

Answer: D

Risk avoidance is the act of eliminating exposure to a loss altogether by not engaging in the activity that gives rise to the risk. In this scenario, the business owner avoids the flood risk by not opening a branch in the flood-prone area. Risk reduction (A) would involve taking steps to minimize the impact of the flood, like building on stilts. Risk retention (B) would mean accepting the financial responsibility for potential losses. Risk sharing (C) involves distributing the risk among multiple parties.

Question 6 (Chapter 2)

An insurance company is incorporated in Arizona but holds a Certificate of Authority to conduct business in New Mexico. From the perspective of New Mexico, how would this insurer be classified?

  • A) Domestic insurer
  • B) Alien insurer
  • C) Non-admitted insurer
  • D) Foreign insurer
Show answer & explanation

Answer: D

A foreign insurer is an insurer domiciled in another state or territory of the United States but licensed to do business in New Mexico. Since the company is incorporated in Arizona (another U.S. state) and licensed in New Mexico, it is a foreign insurer in New Mexico. A domestic insurer (A) is domiciled in New Mexico, and an alien insurer (B) is domiciled in a country outside the U.S. A non-admitted insurer (C) is not licensed to do business in the state.

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Practice Questions 7-12: Written Consent, Consumer Reports, Risk Reduction and Contract Concepts

The federal side continues with which felonies trigger the consent requirement and what the Fair Credit Reporting Act (FCRA) gives a declined applicant. Then come risk reduction, the reciprocal insurer, the aleatory contract and the test for an insurable risk.

Question 7 (Chapter 2)

Under 18 U.S.C. Sections 1033 and 1034, what specific types of felony convictions generally require a person to obtain a Letter of Written Consent from an insurance regulator to work in the business of insurance?

  • A) Felonies involving dishonesty or breach of trust.
  • B) Any felony conviction, regardless of its nature.
  • C) Only felonies related to violent crimes.
  • D) Felonies committed more than 10 years ago.
Show answer & explanation

Answer: A

18 U.S.C. Sections 1033 and 1034 specifically target felonies involving dishonesty or breach of trust. These types of crimes are considered particularly relevant to the insurance industry, which relies heavily on trust and integrity. Not all felony convictions require this consent, nor are they limited to violent crimes or subject to a 10-year statute of limitations for this specific federal prohibition.

Question 8 (Chapter 2)

An applicant for a disability income policy is informed by the insurer that their application was denied due to information contained in a consumer report. Under the Fair Credit Reporting Act (FCRA), what right does the applicant have in this situation?

  • A) The right to demand the insurer immediately approve the policy at a standard rate.
  • B) The right to sue the consumer reporting agency for defamation without first disputing the report.
  • C) The right to prevent the insurer from ever obtaining another consumer report on them.
  • D) The right to receive a copy of the report and dispute inaccurate information.
Show answer & explanation

Answer: D

Under the Fair Credit Reporting Act (FCRA), if an adverse action (like denial of coverage) is taken based on a consumer report, the applicant has the right to be informed of the adverse action, to receive a copy of the report, and to dispute any inaccurate information contained within it. The other options do not accurately reflect rights granted by FCRA.

Question 9 (Chapter 2)

A health insurance company encourages its policyholders to participate in wellness programs, offering discounts on premiums for regular exercise and healthy eating. Which method of handling risk is the insurance company promoting through these wellness programs?

  • A) Risk reduction.
  • B) Risk avoidance.
  • C) Risk retention.
  • D) Risk sharing.
Show answer & explanation

Answer: A

Risk reduction involves taking measures to lessen the possibility or severity of a loss. Wellness programs aim to improve policyholders' health, thereby reducing the likelihood of illness and associated claims, which is a form of risk reduction. Avoidance means not engaging in the activity that carries risk. Retention means accepting the risk. Sharing means distributing the risk among multiple parties. Transfer means shifting the risk to another party (like an insurer).

Question 10 (Chapter 2)

A group of individuals with similar risks form an unincorporated organization where they agree to insure one another. Each member acts as both an insurer and an insured, and the organization is managed by an attorney-in-fact. This is an example of a:

  • A) Stock Insurer
  • B) Mutual Insurer
  • C) Fraternal Benefit Society
  • D) Reciprocal Insurer
Show answer & explanation

Answer: D

A reciprocal insurer (or exchange) is an unincorporated group of individuals or 'subscribers' who provide insurance for one another through indemnity contracts, managed by an attorney-in-fact.

Question 11 (Chapter 2)

An insurance contract is 'aleatory' because:

  • A) The exchange of values between the parties may be unequal.
  • B) Only the insurer makes a legally enforceable promise.
  • C) The contract is based on the principle of indemnity.
  • D) The insured must adhere to the terms drafted by the insurer.
Show answer & explanation

Answer: A

An aleatory contract is one where the outcome depends on chance and the values exchanged are not equal. For example, an insured might pay a small premium for years and receive nothing, or pay one premium and receive a massive death benefit.

Question 12 (Chapter 2)

Which of the following is a requirement for a risk to be considered 'insurable' by a private insurance company?

  • A) The loss must be intentional on the part of the insured.
  • B) The loss must be catastrophic to the entire population at once.
  • C) The loss must be due to chance and definite as to time and place.
  • D) The potential loss must be small and insignificant to the insurer.
Show answer & explanation

Answer: C

Insurable risks must be accidental (due to chance), measurable, and definite. They should not be catastrophic to the insurer (like a nuclear war) and must involve a large pool of similar risks.

Practice Questions 13-17: Admitted Insurers, Adverse Action, Hazards, Authority and Reinsurance

A certificate of authority is what makes an insurer admitted in New Mexico. The remaining questions are scenarios: a rated policy under the FCRA, physical against moral hazard, apparent authority and treaty reinsurance.

Question 13 (Chapter 2)

If an insurance company is 'admitted' in New Mexico, it means the company:

  • A) Is domiciled in New Mexico.
  • B) Has been issued a Certificate of Authority by the Superintendent of Insurance.
  • C) Is a non-profit mutual insurer.
  • D) Only sells policies through independent brokers.
Show answer & explanation

Answer: B

An 'admitted' or 'authorized' insurer is one that has received a Certificate of Authority from the state's insurance department to transact insurance business in that state.

Question 14 (Chapter 2)

An applicant applies for an individual health policy at standard rates. During underwriting, the insurance company reviews the applicant's credit score report and, based on that report, issues the policy at a higher, substandard premium rate (rating the policy). Under the Fair Credit Reporting Act (FCRA), what is the insurer required to do?

  • A) Nothing, because adverse action notices are required only when an application is declined outright
  • B) Provide an adverse action notice informing the applicant that the higher rate was based on the consumer credit report and outlining their FCRA rights
  • C) Refund all previous premiums paid and immediately cancel the coverage
  • D) Notify the Federal Trade Commission before delivering the insurance policy to the client
Show answer & explanation

Answer: B

Under FCRA, an 'adverse action' is not limited to complete policy rejections; it includes charging a higher rate, rating a policy, or offering less favorable terms based on information in a consumer report. The insurer must provide an adverse action notice stating the source of the report and the consumer's right to obtain a free copy and dispute inaccurate data. Option A is incorrect because rating a policy is an adverse action. Option C is wrong because rating a policy does not trigger policy cancellation. Option D is incorrect because FTC notification is not required for individual rating decisions.

Question 15 (Chapter 2)

An underwriter evaluates two separate applications: Applicant A's file reveals severe, untreated hypertension (a physical condition increasing mortality risk), while Applicant B has a history of bankruptcy and intentional insurance fraud convictions. How should the underwriter classify these hazards?

  • A) Applicant A presents a moral hazard; Applicant B presents a physical hazard
  • B) Applicant A presents a physical hazard; Applicant B presents a moral hazard
  • C) Both applicants present morale hazards
  • D) Applicant A presents a peril; Applicant B presents a legal hazard
Show answer & explanation

Answer: B

Physical hazards arise from structural, material, or physiological health conditions that increase the risk of loss (e.g., untreated hypertension). Moral hazards arise from an individual's intentional dishonesty, criminal character, or fraudulent tendencies. Morale hazard (Option C) refers to carelessness or indifference. Peril (Option D) is the specific cause of loss itself (such as a heart attack or fire).

Question 16 (Chapter 2)

An insurance company supplies a producer with official company rate charts, application booklets, software that generates binding premium quotes, and sales literature featuring the corporate logo. Although the producer's written contract forbids binding temporary coverage, the producer tells a client that coverage is effective immediately upon premium payment. Why might the insurer be held legally liable for a claim occurring that night?

  • A) The producer acted with express written authority
  • B) The insurer created apparent authority by supplying materials that led a reasonable consumer to believe the producer had binding power
  • C) Health insurance contracts are governed by absolute strict liability
  • D) The applicant signed a unilateral warranty agreement
Show answer & explanation

Answer: B

Apparent authority occurs when an insurer's actions, words, or materials (such as official application forms, signage, or software) lead a reasonable third party to believe the producer possesses authority to act on the insurer's behalf. Even if the internal agency contract restricts that authority, the insurer may be bound by the producer's representations. Option A is false because the agency contract explicitly forbade binding coverage. Options C and D are incorrect.

Question 17 (Chapter 2)

Company A issues life insurance policies up to $5,000,000. To manage its financial exposure, Company A enters into a master agreement with Reinsurer B, under which Reinsurer B automatically accepts and cedes 50% of every life insurance policy written by Company A that exceeds $1,000,000, without individual underwriting review of each policy. This type of reinsurance arrangement is called:

  • A) Facultative reinsurance
  • B) Treaty reinsurance
  • C) Mutual assessment pooling
  • D) Surplus lines indemnity
Show answer & explanation

Answer: B

Treaty reinsurance is an automatic agreement between the primary insurer and the reinsurer, where the reinsurer agrees to accept a predetermined portion or class of risks automatically without evaluating each individual application. Facultative reinsurance (Option A) involves negotiating reinsurance separately for individual, case-by-case risks. Options C and D are incorrect.

The Mistakes That Cost Marks

Reading 18 U.S.C. 1033 and 1034 as a lifetime ban or a waiting period. A felony involving dishonesty or breach of trust means the person may work in the business of insurance only with the written consent of the insurance regulator. Distractors include permanent bars, ten-year waiting periods and violent-crime-only readings.

Matching the wrong statute to the situation. GLBA covers privacy notices for nonpublic personal financial information, the Do Not Call rules cover telemarketing, CAN-SPAM covers commercial email, and the FCRA covers consumer reports. New Mexico's own privacy regulation goes further than the federal baseline; it appears in the disability income and medical plans set.

Thinking adverse action means only a decline. Under the FCRA, charging a higher rate or rating a policy because of a consumer report is also adverse action. The insurer must tell the applicant the source of the report, and the applicant may obtain a free copy and dispute inaccurate information.

Mixing up risk vocabulary. Avoidance means not taking on the activity at all, such as declining to open a branch in a flood zone. Reduction lowers the likelihood or severity of loss, which is what a wellness program does. A physical hazard is a condition such as untreated hypertension, a moral hazard is dishonesty or a fraud history, and the peril is the cause of loss itself.

Confusing insurer labels and authority. A domestic insurer is domiciled in New Mexico, a foreign insurer is domiciled outside New Mexico but within the United States and licensed here, and an alien insurer is domiciled outside the country; "admitted" means the insurer holds a certificate of authority. If an insurer's own forms, rate charts and software lead a reasonable client to believe a producer can bind coverage, the insurer can be held liable despite a written restriction. Treaty reinsurance is automatic for a class of risks, while facultative reinsurance is negotiated case by case.

Your Next Step

Hear the material before you drill it. Chapter 1 of LanePrep's New Mexico Life & Health course is free, and chapter 2 covers federal law and general insurance concepts in audio. Then continue with the life, accident and health basics set.

Every topic set is listed on the free New Mexico Life & Health practice questions page, and our difficulty guide shows how the 150-item exam is weighted.

Question counts and content weighting come from the PSI New Mexico examination content outline effective July 1, 2026.

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