Key Takeaways

  • North Carolina producers have fiduciary duties to act in the best interest of clients
  • Producers must disclose compensation arrangements and conflicts of interest
  • Trust funds and premiums must be handled according to strict requirements
  • Producers must maintain accurate records and provide required disclosures
  • Continuing education includes mandatory ethics training
Last updated: January 2026

Producer Conduct and Fiduciary Duties

North Carolina 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 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 Responsibilities

While agents represent insurers, they still owe duties to clients:

  • Explain coverage clearly
  • Answer questions honestly
  • Recommend appropriate coverage
  • Disclose limitations and exclusions

Exam Tip: Even though agents represent the insurer, they have ethical obligations to treat clients fairly and honestly.

Disclosure Requirements

North Carolina 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 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 account
  • Detailed records of all transactions
  • Regular reconciliation
  • Available for NCDOI examination

Consequences of Mishandling

  • License suspension or revocation
  • Required restitution
  • Civil liability
  • Potential criminal charges

Record Keeping

North Carolina requires producers to maintain records:

Required Records

Record TypeRetention Period
ApplicationsMinimum 5 years
Policy documentsMinimum 5 years
Client correspondenceMinimum 5 years
Premium recordsMinimum 5 years
Replacement formsMinimum 5 years

Access to Records

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

Continuing Education

North Carolina requires ethics training as part of CE:

  • 3 hours of ethics every renewal period
  • Must be NCDOI-approved course
  • Covers regulatory updates
  • Includes practical application

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

How long must North Carolina insurance producers retain client records?

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D
Test Your Knowledge

What must a North Carolina producer do if there is a conflict of interest with a product recommendation?

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D