Wis. Admin. Code Office of the Commissioner of Insurance Ins 23.90

Current through October 28, 2024
Section Ins 23.90 - Solicitation and disclosure requirements
(1) Any insurance intermediary who solicits funeral policies shall comply with all applicable statutes and rules, including but not limited to s. 628.34(1), Stats. and ch. Ins 20.
(2) Every insurance intermediary intending to solicit the sale of a funeral policy shall at the time of the initial contact or communication with the prospective buyer, clearly and expressly disclose:
(a) The name of the individual insurance intermediary who solicited the sale of the funeral policy.
(b) The name of the funeral home represented.
(c) A statement that insurance is being sold.
(d) The identity of the insurer.
(e) The type of insurance being solicited.
(3) Insurance intermediaries shall not:
(a) Make any misleading representation or incomplete or fraudulent comparison of any insurance policies or insurers for the purpose of inducing, or tending to induce, any person to lapse, forfeit, surrender, terminate, retain, pledge, assign, borrow on or convert any insurance policy or to take out a policy of insurance with another insurer.
(b) Employ undue pressure to purchase or recommend the purchase of insurance or any method of marketing having the effect of inducing or tending to induce, the purchase of insurance through force, fright, or threat, whether explicit or implied.
(c) Make use directly or indirectly of any method of marketing which fails to disclose in a conspicuous manner that a purpose is solicitation of the purchase of insurance and that contact will be made by an insurance intermediary.
(d) Use any advertisement, or responses from any advertisement, which has not been approved by the insurer.
(4) No insurance intermediary may directly or indirectly prevent or dissuade or attempt to prevent or dissuade any person from filing a complaint with the office of the commissioner of insurance, cooperating with the office of the commissioner of insurance in any investigation or attending or giving testimony at any proceeding authorized by law.
(5) An insurance intermediary shall provide the insurer at the time the funeral policy application is submitted, a list of the funeral goods and services contracted for by the insured in the prearranged funeral plan.
(6) After receiving a funeral policy from the insurer, the insurance intermediary shall:
(a) Promptly deliver the policy to the policyholder.
(b) Obtain from the insured a signed policy delivery receipt.
(c) Keep a copy of the signed policy delivery receipt for at least 3 years after termination of the policy.
(d) Forward a copy of the signed policy delivery receipt to the insurer within 7 days of delivery.

Wis. Admin. Code Office of the Commissioner of Insurance Ins 23.90

Cr. Register, July, 1997, No. 499, eff. 10-1-97.