Market Conduct Examination
A regulatory audit by a state DOI examining an insurer's or agency's business practices for compliance with state insurance laws.
What It Is
A market conduct examination is a formal regulatory audit conducted by a state DOI to evaluate whether an insurer or agency is complying with state insurance laws. Examiners review underwriting practices, claims handling, marketing materials, policyholder complaints, and producer conduct.
Exams can be targeted (triggered by complaints or suspicious patterns) or routine. Multi-state coordinated examinations, organized through the NAIC, are also common for large carriers operating nationally.
Why It Matters for Brokers
Market conduct exams can be disruptive and expensive. Agencies may be required to produce years of records, correspondence, and internal procedures. Findings can result in fines, required corrective actions, and public disclosure that affects carrier relationships. Maintaining organized records and documented procedures is the best defense. Agencies that can produce clean documentation quickly tend to resolve examinations faster with fewer adverse findings.
Real-World Example
A state DOI receives multiple consumer complaints about an agency's handling of certificate requests. The DOI initiates a targeted market conduct exam, requesting all COI issuance records for the past 24 months. The agency scrambles to compile records from multiple systems and email accounts.
Common Mistakes
- 1Poor record-keeping that makes document production difficult
- 2Not having documented procedures for key operations like COI issuance
- 3Ignoring preliminary findings and failing to implement corrective actions
- 4Not consulting legal counsel when notified of an examination
How brokerageaudit.com Handles This
BrokerageAudit maintains a complete audit trail of all policy processing, COI issuance, and compliance activities — making market conduct exam documentation effortless.