17 Free Pennsylvania Property & Casualty Practice Questions: Insurance Regulation & Producer Law (2026)

16 min read|Updated 2026-10-23

How to Use This Insurance Regulation Set

Insurance Regulation is section 1.0 of the Pennsylvania Property and Casualty outline and it is the largest single block: 20% of the exam, 30 items. It covers licensing and producer conduct, the Unfair Insurance Practices Act, fiduciary duty, fraud and the Insurance Department's powers.

These questions are about what a producer must do, may not do and must report. Most are scenarios with a producer in a tight spot, and the right answer is usually the one that protects the client and keeps the producer inside the statute.

Practice Questions 1-6: Fiduciary Duty, Twisting, Reporting, Continuing Education and Disclosure

How a producer handles premium and commission money, what twisting is, the duty to report a criminal conviction, continuing education over a licensing cycle and disclosing a material fact.

Question 1 (Chapter 7)

A newly licensed Pennsylvania property and casualty producer receives their first commission check from an insurer for a policy sold. The producer deposits the check into their personal checking account and uses the funds to pay personal bills. Which statement best describes the producer's action under Pennsylvania law?

  • A) This is permissible as long as the producer reconciles the account monthly and retains records of the insurance funds.
  • B) This is allowed if the producer notifies the insurer in writing within 30 days of depositing the funds.
  • C) This is permissible only if the producer has obtained written consent from the insurer to commingle funds.
  • D) This violates the producer's fiduciary responsibility under 40 P.S. § 310.96 and may result in disciplinary action.
Show answer & explanation

Answer: D

Under 40 P.S. § 310.96, insurance producers are fiduciaries of funds received from insurers or insureds. Commingling insurance funds with personal funds in a personal account is a breach of fiduciary duty, regardless of record-keeping or notification. Options A, B, and C are incorrect because no exception permits depositing insurance commissions into a personal account for personal use; the funds must be kept in a separate, identifiable fiduciary capacity until properly disbursed.

Question 2 (Chapter 7)

A Pennsylvania insurance producer is accused of twisting by a competitor. Which of the following producer actions, if proven, would constitute twisting under Pennsylvania law?

  • A) Offering a client a $100 gift card to purchase a policy from the producer's insurer instead of a competitor's.
  • B) Failing to disclose that a policy does not cover flood damage when the client lives in a flood-prone area.
  • C) Inducing a policyholder to drop an existing life insurance policy and purchase a similar one from another insurer using misrepresentations about the new policy's benefits.
  • D) Providing a client with a comparative quote from three different insurers for the same coverage.
Show answer & explanation

Answer: C

Twisting, defined under 40 P.S. § 473, occurs when a producer induces a policyholder to drop or surrender an existing insurance policy and purchase a similar one from another insurer through misrepresentations or incomplete comparisons. Option C describes this exact scenario. Option A describes rebating (inducement via gift), which is prohibited under 40 P.S. § 1171.5(a)(8) but is not twisting. Option B describes potential misrepresentation but not the inducement to replace a policy. Option D is permissible and not a prohibited act.

Question 3 (Chapter 7)

A Pennsylvania insurance producer is convicted of a felony unrelated to insurance activities. Under Pennsylvania law, what is the producer's duty regarding this conviction?

  • A) The producer has no duty to report non-insurance-related criminal convictions to the Insurance Department.
  • B) The producer must report the conviction only if it involves dishonesty or breach of trust.
  • C) The producer must promptly report the conviction to the Insurance Department, without waiting for the next license renewal.
  • D) The producer must report the conviction to the Insurance Department only at the time of license renewal.
Show answer & explanation

Answer: C

Under 40 P.S. § 310.78, a licensed producer has a duty to promptly report any administrative or criminal action -- including a felony conviction -- to the Insurance Department, regardless of whether the conviction is related to insurance activities, and without waiting for the next renewal cycle. Options A, B, and D are incorrect: the duty applies to all criminal actions, not just insurance-related or dishonesty-based ones, and it is not deferred to renewal.

Question 4 (Chapter 7)

Pennsylvania's continuing education requirement for insurance producers (40 P.S. § 310.8(b); 31 Pa. Code Ch. 39a) is measured over a two-year license cycle. A producer completes most of the required CE hours in the first year of the cycle and only a small amount in the second year, but the total over the two years meets the requirement. What is the producer's CE status at the end of the cycle?

  • A) The producer has not met the requirement because an equal number of hours must be completed in each year of the cycle.
  • B) The producer has not met the requirement because the hours completed in the second year, standing alone, are insufficient.
  • C) The producer has not met the requirement unless the hours completed in the first year are disregarded.
  • D) The producer has met the requirement because the hours are measured over the full two-year cycle rather than year by year.
Show answer & explanation

Answer: D

Pennsylvania measures the continuing education requirement over the full two-year licensing cycle rather than requiring a fixed number of hours in each individual year. A producer who meets the total requirement by the end of the cycle is in compliance even if the hours were not evenly split between the two years. Options A, B, and C incorrectly impose an annual minimum or disregard hours actually completed.

Question 5 (Chapter 7)

A Pennsylvania insurance producer is appointed by an insurer to sell commercial property policies. The producer discovers that the insurer is financially impaired and unable to meet its obligations. The producer continues to solicit and bind new policies for this insurer without disclosing the impairment to clients. Which action by the producer violates Pennsylvania law?

  • A) Soliciting new business for an insurer known to be financially impaired.
  • B) Binding coverage for an insurer without the producer's own errors and omissions insurance.
  • C) Receiving commissions from an insurer that is under regulatory supervision.
  • D) Failing to disclose the insurer's financial impairment to clients before binding coverage.
Show answer & explanation

Answer: D

Under 40 P.S. § 310.96 and 31 Pa. Code § 37.81, producers have a fiduciary duty to disclose material facts known to them that could affect the client's decision, including the insurer's financial impairment. Continuing to solicit and bind policies without this disclosure breaches fiduciary responsibility. While soliciting business for an impaired insurer may be unwise, it is not inherently prohibited if disclosed; the violation lies in the non-disclosure. Options A, B, and C describe actions that, while potentially problematic, do not directly violate the specific fiduciary disclosure duty under these statutes.

Question 6 (Chapter 7)

A Pennsylvania insurance producer is accused of defamation by a competing producer. Which of the following producer actions, if proven, would constitute defamation under the Unfair Insurance Practices Act?

  • A) Offering a client a lower premium than a competitor for equivalent coverage.
  • B) Refusing to place business with an insurer unless the insurer agrees to stop doing business with a competing producer.
  • C) Using a competitor's trademark in advertising without permission.
  • D) Making a false statement about a competitor's financial condition that is known to be false or made with reckless disregard for the truth.
Show answer & explanation

Answer: D

Defamation under the Unfair Insurance Practices Act (40 P.S. § 1171.5(a)(3)) and 31 Pa. Code Ch. 51 involves making false or misleading statements about a competitor's business, financial condition, or services that are known to be false or made with reckless disregard for the truth. Option D describes this scenario. Option A is permissible competition, Option B describes boycotting (prohibited under § 1171.5(a)(4)), and Option C, while potentially illegal, is not specifically defined as defamation under the UIPA.

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Practice Questions 7-12: Appointment Termination, Reporting, Suspension and Claim Fraud

Notice when an insurer ends an appointment, reporting duties, what a suspended producer may not do and where false claim advice crosses the line.

Question 7 (Chapter 7)

A Pennsylvania insurance producer is appointed by Insurer X to sell commercial general liability policies. The producer's appointment is terminated by Insurer X after 12 months, without cause and without the insurer giving any advance notice. The producer claims this violates the Agency Termination Act (40 P.S. § 241). Which statement is correct regarding the producer's claim?

  • A) The producer's claim is valid because the Act requires the insurer to give the producer advance written notice before terminating without cause.
  • B) The producer's claim is invalid because the Agency Termination Act does not apply to commercial general liability appointments.
  • C) The producer's claim is invalid because the insurer is not required to give any notice when terminating without cause.
  • D) The producer's claim is valid only if the producer had been appointed for more than two years.
Show answer & explanation

Answer: A

Under the Agency Termination Act (40 P.S. § 241), an insurer terminating an appointment without cause must give the producer advance written notice. The Act applies to all appointments, including commercial general liability, and the requirement does not depend on the length of the appointment. Because no notice was given, the producer's claim is valid.

Question 8 (Chapter 7)

A Pennsylvania producer is convicted of theft by deception (a misdemeanor) unrelated to insurance activities. Under 40 P.S. § 310.78, what is the producer's mandatory duty regarding this conviction?

  • A) The producer must report the conviction only if asked by the Department during a licensing renewal.
  • B) The producer must report the conviction only if it results in a license suspension or revocation in another state.
  • C) The producer must promptly report the conviction to the Pennsylvania Insurance Department, regardless of whether it is insurance-related.
  • D) The producer has no duty to report misdemeanor convictions unless they are directly related to insurance activities.
Show answer & explanation

Answer: C

40 P.S. § 310.78 requires producers to promptly report any administrative or criminal action -- including misdemeanor convictions -- to the Pennsylvania Insurance Department. This applies regardless of whether the conviction is insurance-related. Options A, B, and D incorrectly limit the duty to specific triggers or to insurance-related offenses only.

Question 9 (Chapter 7)

A Pennsylvania producer is suspended by the Insurance Department for unfair claims settlement practices. During the suspension, the producer continues to solicit and bind new policies for clients. Which of the following best describes the legal consequence of the producer’s actions?

  • A) The producer’s actions are permissible because the suspension only applies to claims handling, not sales.
  • B) The producer’s actions are not prohibited because the suspension does not explicitly mention sales activities.
  • C) The producer’s actions are grounds for immediate license revocation under 40 P.S. § 310.91.
  • D) The producer’s actions are a violation of 40 P.S. § 310.11(2) for continuing to transact insurance while suspended.
Show answer & explanation

Answer: D

40 P.S. § 310.11 lists transacting insurance while a license is suspended among the grounds for discipline, and soliciting and binding policies is transacting insurance. A and B are wrong because a suspension covers every licensed activity, not only the conduct that triggered it. C is overly severe: the conduct is grounds for further discipline, which may include revocation, but revocation is not automatic.

Question 10 (Chapter 7)

A Pennsylvania producer is handling a claim for a client and advises the client to exaggerate injuries to increase the claim settlement. This action violates which specific provision of the Unfair Insurance Practices Act?

  • A) 40 P.S. § 1171.5(a)(1) – Misrepresentation in claims
  • B) 40 P.S. § 1171.5(a)(2) – False advertising
  • C) 40 P.S. § 1171.5(a)(5) – Boycott, coercion, or intimidation
  • D) 40 P.S. § 1171.5(a)(6) – Unfair settlement practices
Show answer & explanation

Answer: A

40 P.S. § 1171.5(a)(1) prohibits misrepresentations in claims, including encouraging or assisting a client to falsify claim information. The producer’s advice to exaggerate injuries constitutes a direct misrepresentation in the claims process. Distractor D refers to unfair settlement practices by insurers, not producers. B and C do not apply to this scenario.

Question 11 (Chapter 7)

A Pennsylvania insurance producer is handling a workers' compensation claim for a client. The producer advises the client to falsely claim that an injury occurred at work when it actually happened off-duty, to secure benefits under the Workers' Compensation Act. Under Pennsylvania law, which of the following best describes the producer's action?

  • A) This constitutes insurance fraud under 40 P.S. §§ 325.1-.62 and 18 Pa.C.S. § 4117.
  • B) This is a permissible claim negotiation tactic under the Unfair Insurance Practices Act.
  • C) This is allowed if the producer believes the client deserves benefits regardless of the injury location.
  • D) This violates only the Workers' Compensation Act, not insurance fraud statutes.
Show answer & explanation

Answer: A

Advising a client to misrepresent the origin of an injury to obtain workers' compensation benefits is a knowing false statement made to an insurer for financial gain, which constitutes insurance fraud under 40 P.S. §§ 325.1-.62 (Insurance Fraud Prevention Act) and 18 Pa.C.S. § 4117 (Fraudulent Insurance Practices). This is not a permissible negotiation tactic (B is wrong), not subject to personal belief (C is wrong), and violates both insurance fraud statutes and potentially the Workers' Compensation Act, so D is incorrect in stating it violates only the Workers' Compensation Act.

Question 12 (Chapter 7)

A Pennsylvania insurance producer's license is suspended by the Insurance Department for violating fiduciary responsibilities. During the suspension, the producer continues to negotiate and sell insurance policies to Pennsylvania residents. Which of the following best describes the producer's action?

  • A) This is permissible if the producer only services existing policies during the suspension.
  • B) This constitutes practicing insurance without a valid license and is subject to disciplinary action.
  • C) This is allowed because suspension only affects the producer's ability to renew, not to conduct business.
  • D) This violates only the producer's appointment agreements, not state licensing law.
Show answer & explanation

Answer: B

A suspension means the license is temporarily invalid and the producer lacks authority to conduct any insurance transactions, including negotiating, selling, or soliciting. Continuing to sell insurance during a suspension constitutes practicing without a valid license, which is a violation of 40 P.S. § 310.11 and subject to additional disciplinary action. Option A is incorrect because no insurance transactions are permitted during suspension. Option C is incorrect because suspension prohibits all business activity, not just renewal. Option D is incorrect because this is a violation of state licensing law, not merely appointment agreements.

Practice Questions 13-17: Disclosure, Unauthorised Binders and Fraud Exposure

Selling for an impaired insurer, binding without authority, a conflict of interest and the producer's exposure when advising a client to lie.

Question 13 (Chapter 7)

A Pennsylvania insurance producer is appointed by an insurer to sell commercial property policies. The producer discovers that the insurer is under an order of supervision by the Insurance Department due to impaired financial condition. The producer continues to solicit and bind new policies for this insurer without disclosing the supervision order to clients. Which action by the producer violates Pennsylvania law?

  • A) The action constitutes twisting under 40 P.S. § 473 because the producer is replacing coverage with a financially impaired insurer.
  • B) The action violates the producer's duty to disclose material facts under 40 P.S. § 310.71(b).
  • C) The action is permissible if the producer believes the insurer will remain solvent.
  • D) The action violates the producer's fiduciary duty to the insurer under 40 P.S. § 310.96.
Show answer & explanation

Answer: B

Under 40 P.S. § 310.71(b), a producer has a duty to disclose material facts known to the producer that could affect the client's decision to purchase insurance. An insurer under an order of supervision due to impaired financial condition is a material fact that must be disclosed to clients. Failing to disclose this violates the disclosure requirement. Option A is incorrect because twisting (40 P.S. § 473) involves inducing a client to replace an existing policy with another from a different insurer, not merely selling a policy from an impaired insurer. Option C is incorrect because the producer's belief about future solvency does not negate the duty to disclose current known impairment. Option D is incorrect because the fiduciary duty under 40 P.S. § 310.96 is to clients, not to the insurer; the duty to the insurer arises from the appointment contract, not this statute.

Question 14 (Chapter 7)

A Pennsylvania insurance producer is appointed by Insurer X to sell personal auto policies. The producer knowingly binds coverage for a client using a binder that Insurer X never authorized, in order to secure the sale before a policy can be issued. The client later cancels the policy after learning the binder was not authorized by Insurer X. Which Pennsylvania statute does this violate?

  • A) 40 P.S. § 636.1(a), which addresses what happens to coverage when the named insured dies.
  • B) 40 P.S. § 310.48, which addresses misrepresentation in policy applications.
  • C) 40 P.S. § 1171.5(a)(2), which addresses false advertising.
  • D) 40 P.S. § 310.11, which prohibits a producer from transacting insurance business it is not authorized to transact.
Show answer & explanation

Answer: D

Issuing a binder the insurer never authorized is an insurance transaction the producer had no authority to perform, a prohibited act under 40 P.S. § 310.11. Option A is incorrect because § 636.1(a) addresses what happens to Standard Fire Policy coverage when the named insured dies, not binder authority. Option B is incorrect because § 310.48 addresses misrepresentation in applications, not unauthorized binding. Option C is incorrect because § 1171.5(a)(2) addresses false advertising, not unauthorized binders.

Question 15 (Chapter 7)

A Pennsylvania insurance producer is investigating a claim for a client under a homeowners policy. The producer discovers that the client intentionally set a fire to collect insurance proceeds. The producer advises the client to lie to the insurer about the cause of the fire to secure a payout. Under 40 P.S. § 1171.5(a)(9) and 18 Pa.C.S. § 4117, which of the following best describes the producer’s legal exposure?

  • A) The producer violated the Unfair Insurance Practices Act (40 P.S. § 1171.5(a)(9)) by encouraging fraudulent claims and could face disciplinary action under 40 P.S. § 310.91 and criminal penalties under 18 Pa.C.S. § 4117 (insurance fraud).
  • B) The producer is not liable because advising a client on claim strategies is protected under attorney-client privilege.
  • C) The producer’s actions are permissible if the client signs a waiver acknowledging the advice.
  • D) The producer only violated the Agency Termination Act (40 P.S. § 241) by failing to disclose the client’s intent to the insurer.
Show answer & explanation

Answer: A

Correct (A): The producer violated 40 P.S. § 1171.5(a)(9) (unfair claims practices) by aiding fraud and is subject to disciplinary action under 40 P.S. § 310.91 (license suspension/revocation) and criminal penalties under 18 Pa.C.S. § 4117 (insurance fraud). Distractors: (B) Incorrect—no attorney-client privilege applies to insurance producers. (C) Incorrect—no waiver overrides fraud statutes. (D) Incorrect—§ 241 pertains to agency terminations, not claim advice.

Question 16 (Chapter 7)

A Pennsylvania insurance producer is appointed by Insurer F to sell workers' compensation policies. The producer fails to disclose that they own a competing public adjuster firm that could benefit financially from denied or delayed claims by Insurer F. This conflict of interest violates which specific Pennsylvania statute?

  • A) 40 P.S. § 310.71(b) (Producer Disclosure Requirements), which requires disclosure of material facts, including financial conflicts, that could affect a client's decision.
  • B) 40 P.S. § 1171.5(a)(4) (Boycott, Coercion, or Intimidation), as the producer is intimidating insurers into denying claims.
  • C) 40 P.S. § 310.96 (Fiduciary Responsibility), which addresses a producer's general duty of loyalty rather than this specific disclosure obligation.
  • D) 40 P.S. §§ 325.1-.62 (Insurance Fraud), as the producer is engaging in fraudulent claim practices.
Show answer & explanation

Answer: A

The producer's failure to disclose a financial conflict of interest violates the disclosure duty in 40 P.S. § 310.71(b), which requires producers to disclose material facts -- including financial conflicts -- that could affect a client's decision. Option B is incorrect because § 1171.5(a)(4) addresses boycotts or coercion, not undisclosed conflicts. Option C is incorrect because, while fiduciary duty is related, the specific disclosure obligation is found in § 310.71(b). Option D is incorrect because § 325.1-.62 applies to fraudulent acts, not nondisclosure of conflicts.

Question 17 (Chapter 7)

A Pennsylvania insurance producer is handling a workers’ compensation claim for an injured employee. The producer advises the employee to falsely claim that the injury occurred at work (when it actually happened off-duty) to secure benefits under the Workers’ Compensation Act (Title 77). Under Pennsylvania law, which of the following best describes the producer’s legal exposure?

  • A) The producer committed insurance fraud under 18 Pa.C.S. § 4117 by knowingly assisting in a false claim.
  • B) The producer violated 40 P.S. § 1171.5(a)(9) (unfair claims settlement practices) by inducing fraudulent claims.
  • C) The producer engaged in misrepresentation (40 P.S. § 1171.5(a)(1)) by advising the employee to lie.
  • D) The producer violated fiduciary duty (40 P.S. § 310.96) by failing to act in the employer’s best interest.
Show answer & explanation

Answer: A

The producer’s action constitutes insurance fraud under 18 Pa.C.S. § 4117, as they knowingly assisted in filing a false claim to secure benefits. Option B is incorrect because while § 1171.5(a)(9) covers unfair claims practices, it does not specifically address assisting in fraudulent claims. Option C is incorrect because misrepresentation under § 1171.5(a)(1) applies to statements about policy terms, not advising fraudulent claims. Option D is incorrect because fiduciary duty does not cover assisting in fraudulent activities—it pertains to financial handling and conflicts of interest.

The Insurance Regulation Mistakes That Cost Marks

Treating premium as the producer's money. Producers are fiduciaries of funds they handle under 40 P.S. 310.96. Depositing insurance money in a personal account and spending it is a breach, however well the records are kept.

Calling a rebate twisting, or the reverse. Twisting is inducing a policyholder to replace a policy by misrepresentation (40 P.S. 473). A gift or discount offered for buying insurance is a rebate, addressed in 40 P.S. 1171.5(a)(8).

Limiting the reporting duty. A producer must promptly report a criminal conviction to the Insurance Department under 40 P.S. 310.78, whether or not the offence is connected with insurance and without waiting for renewal.

Thinking a suspension is partial. A suspended producer cannot solicit, negotiate or bind. Continuing to do so is a violation and grounds for further discipline.

Hiding a material fact. A producer who knows the insurer is financially impaired must disclose it before binding coverage.

Underestimating fraud advice. Advising a client to misstate how or where an injury occurred exposes the producer to the insurance fraud statutes, 40 P.S. 325.1-.62 and 18 Pa.C.S. 4117.

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