3 Alaska Admin. Code § 26.815

Current through September 25, 2024
Section 3 AAC 26.815 - Duties of an insurer with respect to a direct-response solicitation
(a) An insurer shall require, with or attached to an application resulting from a direct-response solicitation, a statement from the applicant regarding whether the applicant intends to replace, discontinue, or change an existing life insurance policy or annuity contract.
(b) If the statement by the applicant under (a) of this section is that the applicant does not intend to replace, discontinue, or change an existing life insurance policy or annuity contract, or if the applicant fails to provide a statement, the insurer shall send the applicant a notice regarding replacement that
(1) conforms with Appendix A of this section; or
(2) is substantially similar to Appendix A of this section and has been approved by the director.
(c) If an insurer proposes a replacement or the statement from an applicant under (a) of this section indicates that the applicant intends to replace, discontinue, or change an existing life insurance policy or annuity contract, the insurer shall provide the applicant or prospective applicant a notice that
(1) conforms with Appendix A of this section;
(2) conforms with Appendix B of this section with references to an insurance producer and other references deleted, if those references are not applicable to the life insurance policy or annuity contract; or
(3) is substantially similar to Appendix B of this section and has been approved by the director.
(d) An insurer shall make a diligent effort to obtain the applicant's signature on the notice provided to the applicant under (c) of this section. The mailing of the notice along with a self-addressed postage paid envelope with instructions for the return of the signed notice will be considered a diligent effort.
(e) An insurer that solicits a life insurance policy or annuity contract subject to 3 AAC 26.790 - 3 AAC 26.819 through a direct-response solicitation must also comply with 3 AAC 26.805(a)(2) - (5) and 3 AAC 26.805(b).

APPENDIX A

NOTICE REGARDING REPLACEMENT

REPLACING OF YOUR LIFE INSURANCE POLICY OR ANNUITY CONTRACT

Are you thinking about buying a new life insurance policy or annuity contract and discontinuing or changing an existing one? If you are, your decision could be a good one, or a mistake. You will not know for sure unless you make a careful comparison of your existing benefits and the proposed life insurance policy's or annuity contract's benefits.

Make sure you understand the facts. You should ask the company or insurance producer that sold you your existing policy or contract to give you information about it. Hear both sides before you decide. This way you can be sure you are making a decision that is in your best interest.

APPENDIX B

IMPORTANT NOTICE:

REPLACEMENT OF LIFE INSURANCE OR ANNUITY CONTRACT

You are contemplating the purchase of a life insurance policy or annuity contract. In some cases this purchase may involve discontinuing or changing an existing life insurance policy or annuity contract. If so, a replacement is occurring. Financed purchases are also considered replacements.

A replacement occurs when a new life insurance policy or annuity contract is purchased and, in connection with the sale, you discontinue making premium payments on the existing life insurance policy or annuity contract, or an existing life insurance policy or annuity contract is surrendered, forfeited, assigned to the replacing insurer, or otherwise terminated or used in a financed purchase. A financed purchase occurs when the purchase of a new life insurance policy involves the use of funds obtained by the withdrawal or surrender of or by borrowing some or all of the policy values, including accumulated dividends, of an existing policy, to pay all or part of any premium or payment due on the new policy. A financed purchase is a replacement.

You should carefully consider whether a replacement is in your best interests. You will pay acquisition costs and there may be surrender costs deducted from your life insurance policy or annuity contract. You may be able to make changes to your existing life insurance policy or annuity contract to meet your insurance needs at less cost. A financed purchase will reduce the value of your existing policy and may reduce the amount paid upon the death of the insured.

We want you to understand the effects of replacements and ask that you answer the following questions and consider the questions on the back of this form.

1. Are you considering discontinuing making premium payments, surrendering, forfeiting, assigning to the insurer, or otherwise terminating your existing life insurance policy or annuity contract? _______________ YES _______________ NO
2. Are you considering using funds from your existing life insurance policy or annuity contract to pay premiums due on the new life insurance policy or annuity contract? _______________ YES _______________ NO

Please list each existing life insurance policy or annuity contract you are contemplating replacing (including the name of the insurer, the insured, and the policy or contract number if available) and whether each life insurance policy or annuity contract will be replaced or used as a source of financing:

INSURER NAME CONTRACT OR POLICY #INSURED OR ANNUITANT REPLACED (R) OR FINANCING (F)1.2.3.

Make sure you know the facts. Contact your existing company or its insurance producer for information about the old life insurance policy or annuity contract. If you request one, an in force illustration, policy summary, or available disclosure documents must be sent to you by the existing insurer. Ask for and retain all sales material used by the insurance producer in the sales presentation. Be sure that you are making an informed decision. I certify that the responses herein are, to the best of my knowledge, accurate:

Applicant's Signature and Printed Name Date

PREMIUMS: Are they affordable? Could they change? You're older - are premiums higher for the proposed new policy? How long will you have to pay premiums on the new policy? On the old policy? POLICY VALUES: New policies usually take longer to build cash values and to pay dividends. Acquisition costs for the old policy may have been paid. You will incur costs for the new one. What surrender charges do the policies have? What expense and sales charges will you pay on the new policy? Does the new policy provide more insurance coverage? INSURABILITY: If your health has changed since you bought your old policy, the new one could cost you more, or you could be turned down. You may need a medical exam for a new policy. Claims on most new policies for up to the first two years can be denied based on inaccurate statements. Suicide limitations may begin anew on the new coverage. IF YOU ARE KEEPING THE OLD POLICY AS WELL AS THE NEW POLICY: How are premiums for both policies being paid? How will the premiums on your existing policy be affected? Will a loan be deducted from death benefits? What values from the old policy are being used to pay premiums? IF YOU ARE SURRENDERING AN ANNUITY CONTRACT OR INTEREST-SENSITIVE LIFE PRODUCT: Will you pay surrender charges on your old contract? What are the interest rate guarantees for the new contract? Have you compared the contract charges or other policy expenses? OTHER ISSUES TO CONSIDER FOR ALL TRANSACTIONS: What are the tax consequences of buying the new policy? Is this a tax-free exchange? (See your tax advisor.) Is there a benefit from favorable "grandfathered" treatment of the old policy under the federal tax code? Will the existing insurer be willing to modify the old policy? How does the quality and financial stability of the new company compare with your existing company?

3 AAC 26.815

Eff. 7/25/2008, Register 187

In 2010 the revisor of statutes, acting under AS 01.05.031, renumbered former AS 21.36.150 as AS 21.36.900. As of Register 196 (January 2011), the regulations attorney made a conforming technical revision under AS 44.62.125(b)(6), to the authority citation that follows 3 AAC 26.815, so that the citation to former AS 21.36.150 now refers to the renumbered statute, AS 21.36.900.

Authority:AS 21.06.090

AS 21.36.020

AS 21.36.030

AS 21.36.040

AS 21.36.050

AS 21.36.900