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Why Terms Mislead

A fundamental teaching technique uses familiar concepts to explain unfamiliar ones. Since selling involves a teaching element, agents may sometimes use this technique when selling insurance — particularly since insurance tends to be a complicated subject. However, this intention to make insurance clearer may have unintended and serious adverse consequences.

In many cases, the customer remembers only the analogy and may believe the insurance product is identical to the product to which it was compared. When the customer eventually discovers the difference, he or she frequently feels that the insurance product has been misrepresented.

The guiding ethical and compliance principle: communication must aid the customer’s understanding of the facts as they are — not disguise them. Since the ethical requirement calls for full and candid disclosure of everything material to the sale, the agent needs to avoid any terms that might tend to obscure the facts.

Common Misleading Terms to Avoid

The following terms have a high likelihood of ultimately misleading customers when used to describe insurance product features. The ethical agent will take pains to avoid them:

✕ Instead of saying… ✔ Use the correct term…
Account, plan, private pension, program or strategy Policy
Contribution, deposit, investment or payment Premium
Earnings, profit or return Dividends
Account or savings Cash value
Mutual funds Separate accounts
Vanishing premiums Using dividends to pay premiums
Tax-free Tax-deferred

Specific Problem Terms

“Vanishing Premiums”

A phrase that is often the cause of customers claiming unethical sales practices involves the payment of life insurance premiums through the use of policy dividends. Since premiums don’t really “vanish” — they are simply being paid by dividends and the cash value of surrendered dividend additions — the use of the phrase has been characterized as misleading. To make matters worse, premiums may again be required out-of-pocket when dividend scales are reduced.

The ethical agent will avoid using the term “vanishing premiums.”
“Private Pension”

The term “private pension,” used when referring to a life insurance policy, has come under serious criticism. In a notable lawsuit, a company was sued for unethical sales practices because its agents were selling life insurance policies and calling them “private pension plans.”

The settlement in this class action suit amounted to several hundred million dollars. The phrase “private pension” obscured the true nature of the product — since the product being sold was a life insurance policy rather than a pension plan, the court considered use of the term to be inherently misleading.
Disguising “Premium”

An unethical agent wishing to disguise the fact that the product is life insurance might refer to the premium by another name. Terms that have been used in the past to refer to premiums include:

Investment Deposit Contribution

The use of these terms reduces the clarity of communication and may be unethical. Instead of illuminating the agent-customer conversation, these terms obscure it.

Misrepresentation — Intentional or Not

Misrepresentations, whether deliberate or unintentional, are the root cause of many ethical lapses. The misrepresentation may be in writing, but is more often verbal.

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