Iowa Admin. Code r. 191-30.9

Current through Register Vol. 47, No. 6, September 18, 2024

Rule 191-30.9 - Notice of cancellation, nonrenewal or termination of life insurance and annuities

(1)Purpose and definitions.

a. Purpose. The purpose of this rule is to clarify the authorized methods of delivery for notices of cancellation, nonrenewal or termination by an insurer or insurance producer required for contracts subject to approval by the commissioner pursuant to Iowa Code section 508.25, so as to require reasonable procedures for providing notice to policyholders of the consequences of cancellation, nonrenewal or termination of life insurance and annuity contracts. The Uniform Electronic Transactions Act, in Iowa Code section 554D.110(4)"b," provides that a requirement under a law to send, communicate, or transmit a record by first-class mail postage prepaid may be varied by agreement to the extent permitted by the other law. Notification regulation should effectively require reasonable advance notice to life insurance and annuity policyholders that insurance coverage will cease or be placed under a nonforfeiture benefit on a date certain.

b. Definitions. As used in Iowa Code section 505B.1 and this rule:

"Commissioner" means the Iowa insurance commissioner or insurance division.

"Notice of cancellation, nonrenewal or termination" means:

1. Notice of an insurance company's termination of an insurance policy at the end of a term or before the termination date;

2. Notice of an insurance company's decision or intention not to renew a policy; and

3. For purposes of notices of cancellation, nonrenewal or termination of contracts subject to approval by the commissioner pursuant to Iowa Code section 508.25, "notice of cancellation, nonrenewal or termination" includes but is not limited to the following:

* An insurance company's notice of cancellation, nonrenewal or termination of life insurance or annuities;

* Notice of replacement of life insurance, for which specific notice is required to be provided by the insurance producer pursuant to rule 191-16.24 (507B); and

* Notice of termination of universal life contracts, for which specific advance notice is required to be provided by the insurance company pursuant to rule 191-92.6 (508).

(2)Scope. This rule shall apply to all insurance companies that issue contracts subject to approval by the commissioner pursuant to Iowa Code section 508.25.

(3)Delivery. For any notice of cancellation, nonrenewal or termination by an insurer in contracts subject to approval by the commissioner pursuant to Iowa Code section 508.25 to be effective, an insurer must, within the time frame established by law, or such reasonable time in advance and as governed by contract, deliver the notice to the person to whom notice is required to be provided either in person or by mail through the U.S. Postal Service to the last-known address of the person to whom notice is required to be provided. For replacements of life insurance, specific notice is required to be provided by the insurance producer pursuant to rule 191-16.24 (507B). For universal life contracts, specific advance notice of termination is required to be provided by the insurance company pursuant to rule 191-92.6 (508). The use of U.S. Postal Service Intelligent Mail® fulfills any requirement for the contracts subject to approval by the commissioner pursuant to Iowa Code section 508.25 and for notices required by rule 191-16.24 (507B) or 191-92.6 (508) for certified mail or certificate of mailing as proof of mailing.

(4)Electronic transmissions. Notwithstanding the requirements of subrule 30.9(3), if an insurer receives, pursuant to 191-subrule 4.24(2), approval from the commissioner of a manner of electronic delivery of a notice for cancellation, nonrenewal or termination of a policy, the approved manner shall satisfy the requirements of Iowa Code section 505B.1 or 508.25, rule 191-16.24(507B) or 191-92.6 (508), or this rule.

This rule is intended to implement Iowa Code chapters 505B and 508.

Iowa Admin. Code r. 191-30.9

Adopted by IAB May 27, 2015/Volume XXXVII, Number 24, effective 7/1/2015

Amended by IAB February 17, 2016/Volume XXXVIII, Number 17, effective 3/23/2016

Amended by IAB December 29, 2021/Volume XLIV, Number 13, effective 2/2/2022