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In the case, First American Title Company of South Dakota v
South Dakota Land Title Association, the state's regulations
required that indexes of public land title records be kept on cards,
in bound books or in looseleaf form. Compliance with such
regulations is:
Select one:
a. Considered the business of insurance
b. Not the business of abstracting
c. Not considered the business of insurance
d. Proof that the activity is governed by McCarran-Ferguson
Correct Answer C
Which of these activities is not considered the "business of
insurance" so that state regulation governs the activity?
Select one:
a. marketing and advertising title insurance policies
b. licensing title insurers and title agents
,c. setting premium rates for title insurance endorsements
d. planning a multi-state title insurance company merger Correct
Answer D
When the Supreme Court evaluated the Third Circuit Court's
decision regarding the FTC's complaint against the national title
insurers, it found that the regulatory schemes of
__________________________ were not exempt from federal
antitrust laws.
Select one:
a. Montana and Arizona
b. Connecticut and Wisconsin
c. Wisconsin and Arizona
d. Wisconsin and Montana Correct Answer D
If, after a hearing, the Commissioner determines that the method
of competition or the act or practice in question is an unfair
method of competition or any unfair or deceptive act or practice
as defined in the New Jersey statutes and that the person
complained of has engaged in the method of competition, act or
practice in violation of New Jersey law, the Commissioner will
then:
Select one:
a. Revoke, suspend or deny the person's insurance license.
,b. Make his or her findings in writing and issue and cause the
person to face criminal charges.
c. Make his or her findings in writing and issue and cause to be
served upon the person charged with the violation an order
requiring the person to cease and desist from engaging in the
method of competition, act or practice.
d. Levy a fine of at least $10,000 and not more than $50,000 on
the person. Correct Answer C
If, after an investigation and hearing, the Commissioner does not
charge a violation of the Producer Licensing Act, then any
intervenor in the proceedings before the Commissioner may,
within 30 days after the service of the determination not to charge
a violation:
Select one:
a. Petition the Commissioner to investigate the violation again
b. Submit the charges to the local law enforcement authority
c. Institute an action in the Superior Court to enjoin and restrain
any method of competition, act or practice in violation of the Act
d. File a complaint against the Commissioner as the State
Attorney General Correct Answer C
Each of the following are responsibilities of the Commissioner of
Banking and Insurance, except:
Select one:
, a. To administer the work of the department
b. Perform, exercise and discharge the functions, powers and
duties of the department through the divisions established by law
or as the Commissioner deems necessary
c. Institute or cause to be instituted the legal proceedings or
processes necessary to enforce properly and give effect to any of
the Commissioner's powers or duties
d. To provide training curriculum and courses to all candidates to
enable them to obtain title insurance producer licenses Correct
Answer D
If the Commissioner finds that a person engaged in a method of
competition, act or practice in violation of New Jersey law, the
Commissioner may order payment of a penalty not to exceed
_____________ for each and every act or violation unless the
person knew or reasonably should have known he was in
violation, in which case the penalty will be not more than
____________ for every act or violation.
Select one:
a. $500; $1,000
b. $1,000; $5,000
c. $2,000; $4,000
d. $5,000; $10,000 Correct Answer B
An order of the Commissioner is subject to review by: