La. Admin. Code tit. 37 § XIII-8511

Current through Register Vol. 50, No. 9, September 20, 2024

Section XIII-8511 - Mandatory Policy Provisions

A. The policy shall provide the following.

1. Periodic Disclosure to Policyowner

a. The policy shall provide that the policyowner will be sent, without charge, at least annually, a report which will serve to keep such policyowner advised as to the status of the policy. The end of the current report period must be not more than three months previous to the date of the mailing of the report. Specific requirements of this report are detailed in §8515

2. Illustrative Reports

a. The policy shall provide for an illustrative report which will be sent to the policyowner upon request. Minimum requirements of such report are the same as those set forth in §8513 The insurer may charge the policyowner a reasonable fee for providing the report.

3. Policy Guarantees

a. The policy shall provide guarantees of minimum interest credits and maximum mortality and expense charges. All values and data shown in the policy shall be based on guarantees. No figures based on nonguarantees shall be included in the policy.

4. Calculation of Cash Surrender Values

a. The policy shall contain at least a general description of the calculation of cash surrender values including the following information:

i. the guaranteed maximum expense charges and loads;

ii. any limitation on the crediting of additional interest. Interest credits shall not remain conditional for a period longer than 24 months;

iii. the guaranteed minimum rate or rates of interest;

iv. the guaranteed maximum mortality charges;

v. any other guaranteed charges;

vi. any surrender or partial withdrawal charges.

5. Changes in Basic Coverage

a. If the policyowner has the right to change the basic coverage, any limitation on the amount or timing of such change shall be stated in the policy. If the policyowner has the right to increase the basic coverage, the policy shall state whether a new period of contestability and/or suicide is applicable to the additional coverage.

6. Grace Period and Lapse

a. The policy shall provide for written notice to be sent to the policyowner's last known address at least 30 days prior to termination of coverage.

b. A flexible premium policy shall provide for a grace period of at least 30 days (or as required by state statute) after lapse. Unless otherwise defined in the policy, lapse shall occur on that date on which the net cash surrender value first equals zero.

7. Misstatement of Age or Sex. If there is a misstatement of age or sex in the policy, the amount of the death benefit shall be that which would be purchased by the most recent mortality charge at the correct age or sex. The commissioner may approve other methods which are deemed satisfactory.

8. Maturity Date. If a policy provides for a maturity date, end date, or similar date, then the policy shall also contain a statement, in close proximity to that date, that it is possible that coverage may not continue to the maturity date even if scheduled premiums are paid in a timely manner, if such is the case.

La. Admin. Code tit. 37, § XIII-8511

Promulgated by the Department of Insurance, Commissioner of Insurance, LR 11:690 (July 1985).

AUTHORITY NOTE: Promulgated in accordance with Title 22, Section 2 and Title 36, Section 682 of the Insurance Laws of the State of Louisiana.